The Miranda Rights dont make sufficient sense. The 1966 Supreme Court ruling in Miranda vs. Arizona states The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court. However, this ruling is nonsensical if it truly means they must be told that anything they say WILL perforce be used against them in court. That is like a promise, a guarantee; yet if the defendant is even inconsistent, is the prosecution supposed to be obliged to use both sides of the defendants inconsistency against him? According to English grammar, it is. Therefore the ruling only makes sense if it is the case that anything they say CAN be used against them in court. (The can and will styling is only in Hollywood, right?) If an officer tells a suspect that anything they say WILL be used against them, a suspect may then begin saying things which it is to his advantage to be prosecuted for, and even if it be thought that few suspects are that clever, a lot of lawyers are that clever. In reality, the situation is one in which insufficient respect is paid to the English language and how it actually works. Patterns of social behavior in court, often wrongfully allowed to be thought of as legal method, are what are really being reckoned. Not the word of the law, and least of all, the spirit of the law. On this last item, the spirit of the law, it is my belief that the public does not realize how profoundly it is being betrayed by the legal system. To take an example of something I am I believe competent to remark upon, the public does not sufficiently realize that its assumption (an assumption which under the circumstances it is clearly correct to make) that all vehicles driven for hire must be insured NOT LESS THAN they themselves would be if they were driving, is an assumption not being born out. This assumption is, in this proximate situation, the spirit of the law. The people in general dont realize that Uber and Lyft and all the other TNCs are being permitted to flagrantly violate the responsibilities that the legal system has for decades required of both private and commercial driving, and which has become part of the structure of society.
Posted on: Sun, 04 Jan 2015 16:50:00 +0000
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