NANOSNET

Happy Friday the 13^th!

I hope that you had a terrific week! You may remember that I wrote about Dave Brubeck last December. This past Sunday, Scott and I went to see the Brubeck Brothers Quartet perform a two-hour concert, featuring their own compositions as well as their father's music. Chris was on bass guitar and trombone, Dan was on drums (he's an incredibly talented drummer) and they were joined by Mike DeMicco on guitar and Chuck Lamb on (a Steinway) piano. Chris was the "host", introducing the music and telling stories about his dad, the inspiration for some of his songs (such as "Rondo a la Turk") and their family. The four musicians have been together for 22 years and improvise as they go. The jazz was fantastic, the venue acoustically and aesthetically great, and food (India fusion) was delicious.

If you have watched your fair share of television crime dramas or movies, you will recognize the phrase, "You have the right to remain silent..." On June 13, 1966, the U.S. Supreme Court rendered a decision in the case of Miranda vs Arizona to protect criminal suspects in police custody or in a criminal interrogation from self-incrimination, known as Miranda rights.

Ernesto Arturo Miranda was arrested and tried for armed robbery, kidnapping and rape of a young woman. Police questioned him for two hours and he signed a confession, which was the basis for his initial conviction. The Supreme Court found that his Fifth and Sixth Amendment rights were violated during his arrest and trial, as he was not advised of his rights (particularly obtaining a lawyer) prior to obtaining the confession. The Fifth Amendment is the right against self-compelled incrimination ("I take the Fifth") and the Sixth Amendment is the right to consult with an attorney and have one present during the interrogation. Miranda was subsequently re-tried and convicted. His estranged ex-partner, whose identity was released by Miranda's parents to the arresting officer, stated that Miranda confessed when she visited him in jail.

The lynchpins of the Miranda rights are the circumstances of "custody" and "interrogation", the premise being that a response under those conditions – when the suspect is deprived of freedom – are likely to produce an incriminating response. 

Miranda rights do not need to be read verbatim to a suspect and do not need to be stated in any particular order, as long as they are conveyed. The official warning includes the following content:

1. They have the right to remain silent;
2. Anything the suspect does say can and may be used against them in a court of law;
3. They have the right to have an attorney present before and during the questioning; and
4. They have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.

Most states also require that the suspect be asked whether they understand their rights before answering questions. There have been cases in which evidence was ruled inadmissible because the arrestee had poor knowledge of English and their rights were not communicated in a language that they understood. Different states have slightly different variations of Miranda. Texas and other states that border Mexico also include a statement about the ability to contact their country's consulate prior to any questioning which also applies to people in the country illegally.

Six requirements must be met for Miranda to apply:

1. Evidence must have been gathered.
2. The evidence must be testimonial (a factual assertion as opposed to physical evidence, such as DNA samples).
3. The evidence must have been obtained while the suspect is in custody (under arrest or in custody, not during a traffic stop).
4. The evidence must have been the product of interrogation (not voluntarily spoken).
5. The interrogation must have been conducted by state agents (citizen arrest doesn't count).
6. The evidence must be offered by the state during a criminal prosecution.

There are three exceptions to the six factors being required: (1) the routine booking exception, (2) the jail house informant exception and (3) the public safety exception. The jailhouse exception is when a police officer, cellmate, family member or friend agree to cooperate with the state to obtain incriminating information (trust no one if you find yourself in a jail cell, heaven forbid). The public safety exception applies when reading the Miranda rights occurs in a dangerous situation that could endanger the public if the suspect is not apprehended immediately.

So now we know that the famous Miranda rights were named after a felon convicted of heinous crimes. I hope that no one ever has to read them to you! Have only good luck on Friday the 13^th and enjoy the weekend.

Deb

https://www.youtube.com/watch?v=uusvwZ0gO6M