Friday, August 9, 2013

Gaming Aid - Miranda Rights

Here is another gaming aid for those running games where the players take on the roles of police officers.  This time covering the Miranda Rights in the United States.  What they are and exactly how they work.

These are the rights read to a suspect if they are to be interrogated or asked questions regarding a crime they are being charged with.

"You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements."

But -- You can be arrested without being read your Miranda Rights   The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.   Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.   Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a person's identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests.   Source: Court TV Legal Survival Guide

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