Talking in the US context. The Miranda warning says anything you say can be used against you in a court of law but never to support your case. So as I see it talking to the cops makes no sense irrespective of whether you have committed a crime or not. So why do suspects sit for hours long interviews with the cops?
Edit:- “… never to support your case”. As some commenters pointed out the Miranda warning doesn’t say that. That’s right, I meant it in an implicit way. I just saw a defense attorney’s YT video who said that’s the hidden part.
In: Other
Because a lot of people either don’t think that they did anything wrong OR they feel that they can explain their way out of the situation.
Contrary to popular belief, police do not need to read you your Miranda rights. They only need to do this if they plan on questioning you about the crime you’re suspected of. With that said, a lot of municipalities read you your rights when you’re detained or arrested.
Note that your right to remain silent is not absolute. Lets say you were arrested and positively affirmed your right to remain silent. Then in the cop car on the way to the department/jail you mumbled “that guy deserved it”. Even if not read your Miranda rights, such a statement is able to be used against you in court. This is known as a “spontaneous utterance” and are not protected at all.
Latest Answers