13 June 2009

Today in History

a timely reminder

so anyway, 13JUN09 marks the 43rd anniversary of the SCOTUS decision on Miranda vs. Arizona. In 1966, the Supreme Court handed down the ruling that has become the boiler-plate that we all know and love. It originally sounded like this:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."
Later, it was modified to this:
"You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?"
I'll bet you two quarts of your favorite beer and all the WhiteCastles you can eat that the people responsible for the newer version of Miranda are the kind of people who think a statement like "the Right of the People to keep and bear Arms shall not be infringed" needs further explanation.

more soon

0 Comments:

Post a Comment

Links to this post:

Create a Link

<< Home