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<blockquote data-quote="joetama" data-source="post: 4051447" data-attributes="member: 564641">Actually the &quot;are you aware of your rights?&quot; question had been overturned in a case in the mid 90s. But, for the life of me I can&#039;t remember what it was...Anyway, the argument was that without fully explaining and making sure the person was clearly and cognitively agreeing to wave the rights which they clearly and definitively understood the Miranda was violated. The thought was that if someone was under the influence or uninformed of the rights that they could not willingly participate in the agreement. IIRC, there was also a big thing about duress and other forced confessional things.But, I do know that a lot of police organizations have a mandatory policy for their officers to recite the whole thing. In many cases after each line they as &quot;do you understand&quot;. This pretty much closes the loophole for mistakes which defense attorneys are so good at finding.</blockquote>

[QUOTE="joetama, post: 4051447, member: 564641"] Actually the "are you aware of your rights?" question had been overturned in a case in the mid 90s. But, for the life of me I can't remember what it was... Anyway, the argument was that without fully explaining and making sure the person was clearly and cognitively agreeing to wave the rights which they clearly and definitively understood the Miranda was violated. The thought was that if someone was under the influence or uninformed of the rights that they could not willingly participate in the agreement. IIRC, there was also a big thing about duress and other forced confessional things. But, I do know that a lot of police organizations have a mandatory policy for their officers to recite the whole thing. In many cases after each line they as "do you understand". This pretty much closes the loophole for mistakes which defense attorneys are so good at finding. [/QUOTE]

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