4.7 • 643 Ratings
🗓️ 17 March 2024
⏱️ 22 minutes
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0:00.0 | Lawyers and law enforcers, what are the most common laws people understand incorrectly? |
0:06.4 | Many people assume that if the police, in the USA, don't read you your Miranda rights when you're arrested, it means you win the case. |
0:13.6 | Not so. It only means that you may get things you said excluded from trial. |
0:18.0 | If you said them in response to police interrogation while in custody, |
0:21.3 | I got arrested and they didn't read my rights until we got back to the station. Unlike in movies and |
0:26.3 | TV, where they read them right away usually, the whole time I had a shred of hope that they |
0:30.6 | would forget and I would get off because of that. It can ruin the DA's entire case, however, |
0:36.0 | particularly if the person who is arrested makes the classic |
0:38.3 | mistake of talking to the cops. Basically, if they don't redo your Miranda rights and you subsequently |
0:43.1 | confess to the crime, that confession goes out the window, along with anything they've got on you |
0:47.7 | as a consequence of that confession. For example, you confessing and telling them where your stash was, |
0:52.1 | etc. Unless they can convincingly prove that it was not |
0:55.1 | as a result of that. For a lot of minor crimes, the DA actually will not pursue it if your Miranda rights |
1:00.4 | weren't read to you, as the level of difficulty has increased too much. I should point out the above |
1:05.0 | only applies to evidence gained after arrest while the police are interrogating you. I'm just |
1:09.9 | clarifying that's what I'm referring to, |
1:11.7 | not you spontaneously confessing in the back of the cop car. The European Court of Human Rights has |
1:17.8 | nothing to do with the EU. Actually, I did not know this. It's not quite true. The ECTHR initially had |
1:26.3 | nothing to do with the EU, but now the EU is a signatory and EU |
1:30.0 | countries have to be signatories. Tell that to the tabloids. I hate seeing the two conflated so often. |
1:36.0 | Is this a common error where you're from? It's kind of willful ignorance on behalf of people in the |
1:40.6 | UK who think we should leave the EU for no reason other than recovering our |
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