Trial Lawyer Confidential - TLC_008: MIRANDA WARNINGS

TLC_008: MIRANDA WARNINGS

04/20/13 • -1 min

1 Listener

Trial Lawyer Confidential

In This Episode:

I pull back the curtain on Miranda warnings: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, one will be appointed to you free of charge before questioning.

Do you understand each of these rights? Do you waive them and give them up so that I can speak with you now?

While it seems that these days any school child can recite the warnings by heart, many people don’t know how they came into being and why police are required to read them to suspects in custody before they are interrogated. Learn about the warnings and the defendants behind the cases that led to this staple of the American criminal justice system.

Also, I will reveal the biggest misconception about the laws related to the Miranda warnings and the actual consequences when the laws are violated.

TRIAL LAWYER MENTOR Quick Tip:

In light of a discussion about the right to remain silent, I offer an explanation about one of the most valuable pieces of advice I ever received as a new lawyer that applies not only to cross-examination and arguments but to any persuasive presentation: “Never miss a good opportunity to keep your mouth shut.”

LAWYERS and LAW STUDENTS:

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Download Audio here. (MP3)

In This Episode:

Do you understand each of these rights? Do you waive them and give them up so that I can speak with you now?

Also, I will reveal the biggest misconception about the laws related to the Miranda warnings and the actual consequences when the laws are violated.

TRIAL LAWYER MENTOR Quick Tip:

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter that offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download Audio here. (MP3)

Previous Episode

TLC_007: DUI DRIVING UNDER THE INFLUENCE

1 Recommendations

In This Episode:

I pull back the curtain on the laws relating to DUI: Driving Under the Influence, or
DWI: Driving While Intoxicated (commonly called drink driving). Learn about what police officers look for when they are on patrol for impaired drivers, what B.A.C. or blood alcohol content is and how it’s measured; the common punishments for DUI and all about the contraption known as the Ignition Interlock Device. Also I offer an overview of how we as a society have tried to combat driving under the influence and my own offbeat suggestion on how we can do more to help curb this common crime.

TRIAL LAWYER MENTOR Quick Tip:

I offer some ideas on things to think about just prior to crafting your next argument or persuasive presentation. When you know your audience, you can craft messages to resonate personally with each one of them.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter that offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download Audio here. (MP3)

Next Episode

TLC_009: PRESUMPTION OF INNOCENCE

1 Recommendations

In This Episode:

I pull back the curtain on the Presumption of Innocence. A defendant in a criminal case is presumed innocent unless and until the prosecution proves his guilt in a court of law beyond a reasonable doubt.

I discuss the law applying to the presumption, why the court is required to instruct the jury on it, as well as the origin of the concept and the ways it is sometimes eroded in courtrooms across the country. I also answer the question about why it is necessary to apply the presumption of innocence even in cases where the guilt of the accused might seem patently obvious.

TRIAL LAWYER MENTOR Quick Tip:

I offer tips for making your point in any persuasive presentation with the use of analogy and why its so important for the analogy to be dead-on to the point you are making as well as topical to your audience.