Most of us, even us “woke” folks have been well schooled on what we think are our rights when it comes to encounters with police officers. As kids, we all grew up on a heavy dose of cop dramas and movies that have informed our beliefs about the way police interact with the public, and often this has shaped the way we engage with law enforcement in real life either consciously or unconsciously.
There are a great many problems with this. While we know that Hollywood and other forms of mass media, are fake and scripted for dramatic effect, it is easy to forget, as the lines between reality and suspension of disbelief have been blurred over years and years of reinforcement by cinematic motifs geared at our sustaining our entertainment.
Take for instance, Law & Order, or better yet, Tyler Perry’s popular film, “Madea Goes To Jail.” When Madea goes before the judge after an encounter with police officers. The judge laments the fact that officers failed to mirandize her, or read her rights before taking her into custody. “You forgot to mirandize her?….I’ve got to let you go…As much as I hate it, I have to…”
Like many popular dramatizations of police encounters, this scene hinges on the assumption that if police officers don’t read you your Miranda Rights, it’s a get out of jail free card. While this is a idea that is frequently perpetuated by movies and TV shows, it is wildly inaccurate, and has resulted in a general misunderstanding of the way Miranda law functions in reality.
The concept of the “Miranda warning” was established following the 1966 Miranda v. Arizona Supreme Court decision, when the courts found that:
“…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; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.”
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