Judge: Miranda rights "overrated" - warning, silent

Sponsor: http://ChrisBritt.org - Even the least appreciated activists have a way of flushing bad government policies into the open. But Jesse Maloney's tangle with cops on Dec. 23rd also shows some of Keene District Court's ability to be flexible.




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[graverobber35]

Miranda only applies if you are being questioned...Anything you utter without being asked is your own donation to the prosecution...The defendant in this case got in trouble while on probation, he deserves being caged.

[7373nhm]

@DavidForthoffer

Good call on all of this this. Many of the postings on this video reflect a real ignorance about basic constitutional law/criminal procedure. That's bad news - especially for people truly concerned about their rights.

[DavidForthoffer]

The prosecutor IS RIGHT that Miranda warnings are overrated BY THE PUBLIC.

I attribute the frequent protestations of "My Miranda rights were not read to me" as ignorance.

Folks, it is GOOD if your Miranda rights are not read to you. That means, depending on the circumstances, certain things you may say may be suppressed in court. Why remind the police or prosecutors to do something that could hurt your case? Just note it and tell your attorney.

[DavidForthoffer]

@RatRob69: The main purpose of the hearing was for the judge to decide whether probable cause existed to hold Malone for the charges. That is a hearing where the defendant does not even have the right to attend.

After affirming probable cause, the judge was extending a courtesy by conducting an impromptu bail hearing. The alternative would have meant Malone saying in jail over the Christmas holidays. Malone could have insisted on his attorney, but that would have just delayed it.

[DavidForthoffer]

@7373nhm: Right. Furthermore, incriminating testimony made in a custodial setting without Miranda rights IS admissable in a BAIL HEARING, as this was.

[mamabritts]

Who is the sponsor here? The link doesn't work.

[TheSirdavis]

@gretschjazzer

I agree, rights suck, I wish we were all agreed that government can always be trusted to do good stuff to the people.

[RatRob69]

Wow, judge denies legal counsel to man in his court? Really? How is this judge still in his position?

[7373nhm]

@NinjaRider777R Local police departments might have regulations that require their officers to read a suspect their rights upon arrest; but, failure to promptly read a suspect's rights has no practical impact on a defendant's case whatsoever UNLESS the defendant was subjected to custodial interrogation AND was not read his or her Miranda rights AND he or she made an incriminating statement. In that case that statement would be suppressed - that's all the defendant gets for an officer's screw-up.

[NinjaRider777R]

@7373nhm In every state I've ever lived in, the local laws stated VERY clearly that the rights were to be read at the time of the arrest, not hours later.