One of the dumbest defendants

[Andara Bledin]

Your link isn't working for me, KitterCat.

But this one is part 1 of the video I first saw:

http://www.youtube.com/watch?v=i8z7NC5sgik

^-.-^

[Chromatix]

Yes, there's a pretty clear difference between the US' Miranda and the British Caution:

Miranda:
"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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

British:
"You do not have to say anything, but it may harm your defence if you fail to mention when questioned something which you later rely on in court. Anything you do say will be given in evidence."

There's also the difference that Miranda is designed to be read before an interrogation, whereas the British police read the Caution at arrest time. On TV, it seems that the first half of Miranda tends to be read at arrest time too. The British system also has the right to representation and counsel, it's just made clear at a later stage of the process.

The key semantic difference is that "it may harm your defence if..." clause. That's because in the British system, it is necessary for both sides to know what the other side is bringing to the table in advance, so that they can properly prepare a counter-argument to it. While "new evidence" can be introduced while a case is being heard, it's a relatively exceptional procedure which, I believe, usually involves a delay to allow the other side to react. If the evidence was known but witheld from the beginning, that's not looked upon kindly, and that's why the caution mentions it.

[AlmightyALT]

Sounds like a relative-by-marriage of mine. This guy is a work of art....

The story goes that he shot this guy but didn't kill him and the judge gave him time served or some such. At which point my relative-by-marriage stood up and declared "Well if I'd known that, I would have shot him again!" The prosecution stood up and said, "Judge, looks like we have a problem!" And the judge answers, "Looks like we do! Two years!"

Sooooo happy my aunt-don'tknowhowmanytimes-removed divorced him.

[DGoddessChardonnay]

At which point my relative-by-marriage stood up and declared "Well if I'd known that, I would have shot him again!"

And that's a classic case of shooting one's mouth off . . . which earned him the two years.

Don't you just love self-pwnage?

[Broomjockey]

That's because in the British system, it is necessary for both sides to know what the other side is bringing to the table in advance, so that they can properly prepare a counter-argument to it.

Actually, same in the US system, but not as strict. "Unfair surprise" is if major evidence is introduced late in trial, and "discovery motions" are supposed to force opposing attorneys to disclose what evidence they have. Canada's leans more towards the British system, I believe. Oddly, though, I'm not familiar with the Canadian rights warning.

[Severen13]

The defendant began screaming at the attorney that the judge couldn’t talk to him that way and that he wanted the attorney to do something about it. The attorney just smiled and said that he had done his job to get the case dismissed like the defendant had demanded, and now no longer represented him.

Careful what you wish for, because you just might get it.

[Andara Bledin]

There's also the difference that Miranda is designed to be read before an interrogation, whereas the British police read the Caution at arrest time.

The Miranda reading doesn't have to occur until the actual arrest. However, in California you can be held for questioning for 48 hours without an arrest being made, during which time no rights need be read to you.

Generally, though, they'll read them right away so that there's no chance of using the lack of a reading as part of a defense.

^-.-^

[LillFilly]

Oh, yes yes yes!!!

Stupid, meet Karma.

[derangedperson]

Holy shit.

In the words of Mark Twain, it's better to keep quiet and appear stupid than to open your mouth and remove all doubt. This dumbass had never heard that saying.

[NightWatch]

Holy shit.

In the words of Mark Twain, it's better to keep quiet and appear stupid than to open your mouth and remove all doubt. This dumbass had never heard that saying.

Oh he heard it alright, he just didn't think it applied to him.

[Calud]

Seen a speech from an US attorney once and he said that if you ever are arrested for anything, you should shut your mouth and don't say a word, until your lawyer is present.

The guy said that if you do say something, the cops could twist it, to make you look bad. Or another example is, someone you know by chance was shot. You've been to their house once a long time ago. So they ask you, "where you ever at mr. x house?" you're nervous and obviously don't remember, you're also innocent so you say: "no, I've never been there." Now someone who was also at the house tells them that they've seen you there and viola, you're a liar now.

[tropicsgoddess]

He had the right but sure as hell didn't have the ability to remain silent. Serves him right!

[Rapscallion]

Didn't know you worked at a court-hourse, South Texan.

Have to agree - that's an epic level of failure.

Rapscallion

[NateTheChops]

When I worked at US Airways, one of the representatives was also a deputy sherrif down at the small claims courthouse. Think Judge Judy with less press.

Jim once told us a story about Judge Gellar. "She's usually very fair and very easy going. But, during your court session, if she starts going into a long speach about purgury it isn't going to end well for you. So just tell the truth."