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Author: Colovion Big funky green star, 20000 posts Top Recommended Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 1963415  
Subject: Miranda confusion Date: 4/20/2013 12:36 PM
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I keep seeing reports that the surviving bombing suspect hasn't been read his Miranda warning so the rights don't apply.

That is false. Miranda doesn't confer rights upon the suspect, it merely shows that they know (or should have known) what their rights are before they make a statement. It also isn't read the second the cuffs are slapped on the suspect (like they show on Law and Order all the time) but rather is only required if the person is in custody (not free to leave) and being questioned. If one of those requirements isn't present then there is no need to "Mirandize" the suspect.

However, not reading them Miranda doesn't mean the rights don't apply. They have those rights, they just haven't been told they do and agree to them. You're always free to waive those rights or to exercise them. It isn't like Miranda is some magic incantation that gives you those rights (even though that's how some seem to treat it).

All someone has to do with this "48 hour exemption" is not say anything for 48 hours of custody/interrogation. The clock runs out, they are Mirandized, they ask for a lawyer. It's not too complicated, I think even a 19-year-old can figure it out.
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