h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

You said everyone knows about miranda these days because of over-zealous detectives in TV shows, buyt I think that's a bonus, because the way i see it the Miranda litany has grown into a sort of charm spell. The moment it is uttered the suspect knows that a certain train of events, called 'arrest', has been set in motion, and it's best to relax and let the storm blow over. The jig is up, time to face the music.

Further more, if you do away with miranda, eventually it won;t have the same effect as it does now, on TV, so it will be used less, and people will start forgetting them again. I think it is a good thing that in america people are routinely informed of their rights in a situation like this, whether they know the drone by heart or not.

It depends on how it is presented. First off, very few officers actually give the warning every time they make an arrest. That's a TV cop thing.

As far as the jig being up goes, there's a big difference between the proof required for an arrest and the proof required for a conviction (or enough proof for the defence attorney to recommend a plea). Things always go much better with a confession.

Generally, it has the exact opposite effect of a charm spell. If it's presented the wrong way, it makes people sit up and take notice. It creates a barrier between the police and the suspect. Which, I suppose, is the goal.

If you present it properly, the person barely notices it. By the time the professional interrogator gets around to asking questions about the crime, they've forgotten about the warning entirely.

I don't recommend getting rid of the warnings entirely. Miranda has benefits for both the prosecution and the defence. I would prefer a change like Congress wrote into section 3501. They set the law up to use Miranda warnings as one element among several to determine whether an admission is voluntarily and intelligently given. Miranda warnings would still be given in most formal interrogations, but they wouldn't be required. In many investigations out on the street, the line between freedom and arrest can be pretty vague.

I guess that, not living in the states and not knowing police practice, I was fixed on TV cops. I idealised the reality concerning miranda.

As a hypothetical situation, it would be nice if miranda HAD the effect of a charm spell, as it sometimes has in tv series. (it would also be nice if I p****d beer, I realise that) I also thought that, with indeed TV spreading the notion of miranda among potential suspects, it might have the effect of said charm spell. Obviously though, it doesn't go like that, according to you.