Justice Robert Jackson, Nuremberg Prosecutor, Supreme Court Justice:
"Any lawyer worth his salt will tell the suspect in no uncertain
terms to make no statement to the police under any circumstances."
Watts v. Indiana, 338 U.S. 49
Unfortunately, the police were talking to people before the lawyer worth
his salt.
In Miranda v. Arizona the US Supreme Court said that if in custody and
being questioned, a person had to be warned of a right to an attorney and a
right to remain silent.
As generally used today:
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?
Did you know that the police
don't have to "read you your rights?" It isn't like on TV. Here is a PDF version
of a card I give to people about this.
Take a look at Chief Justice Earl Warren's handwritten
notes to Justice Brennan from the Miranda case. See Justice
Brennan's
response, too, if you like.
Attorney at Law
5555 Odana Road, Suite
211 Madison, WI 53719-1280
Telephone (608) 308-9645
Since 1979
Former (Elected) District Attorney
Former Assistant State Public Defender
Extensive jury trial experience in cases
ranging from traffic to sexual assault / homicide
Thousands of
criminal cases since 1979
Appeals in Wisconsin Court of Appeals and
Supreme Court
This is a living hypertext document. If you find any errors,
of fact or in links, please
contact me so that they may be corrected. Please also write to me
for permission
to copy. You can reach me by email:
Lawyer at Addbalance.
