All the criminal defense lawyers who blawg say the same thing.  We tend to say it over and over again.  In my case, it’s usually because I can’t remember if I said it already.  With others, it’s repeated for emphasis.  You have the right to remain silent.  Use it.

But people talk.  They want to talk.  They need to talk.  Sounds just keep coming out of their mouths no matter what.  Since we have just had some interesting discussion of the continued viability of Miranda, and the  potential for videotaping to “cure” the Miranda disease, it seems opportune to raise the point (yet again) of why this matter so much that a bunch of lawyers would sit at their computers and continue to agonize over how best to make this work.

Of course, this discussion happened elsewhere as well, including at our favorite conspiracy.  One of the commenters there, Dave, is a cop.  I don’t know where he works, but he’s a stand-up guy.  With his permission, I’m reposting a lengthy comment from Volokh.  My purpose is to provide you with the cop’s perspective on Miranda, statements and people.  Sure, I’m just a lawyer dealing with defendants after they’ve been arrested.  Dave deals with them on the street, as the sounds emit from their mouths.  If you think lawyers are just blowing wind, read what a cop has to say:

[Edit Note: I’ve cleaned the comment up a bit to make it a little easier to read, but have not changed its substance in any way.]

….I’ve read the Miranda warning to suspects for 32 years It was my experience that those who had thought about it, or were con wise, or lawyers, knew that they were not going to waive and answer questions and told you very quickly that they wanted a lawyer. AND THEY SHUT UP.

…But most folks wanted to tell me their story. They thought they were arrested by mistake, or they could catch a break, or correct my bad impression about them and so they waived their right to silence and blithered on. Some of these folks were arrogant and were sure they could outsmart me by winging it. Or they had a story down pat and wanted to get it out as a demonstration of their innocence.

…The Miranda warning is so ubiquitous that most folks didn’t listen to the words. They’ve heard it so many times they turn off their ‘listeners’ and think of what they want to say next. And the spoken word has less authority than the written word. Crazy as it seems, many, many folks responded to my advisal as if it were an incantation…magic words, as though they were listening to the Latin Mass and had to be there but didn’t need to understand and weren’t responsible for what was said.

…YOU HAVE THE RIGHT TO REMAIN SILENT. ( yeah, yeah, I KNOW that )

…ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW.

…Few legal statements are as absolute as this one is. What part of ” Anything ” and ” Can and will ” don’t they get? But the majority would look at me and have no visible indication that they heard, understood or considered these words to be taken literally.

…YOU HAVE THE RIGHT TO SPEAK TO AN ATTORNEY AND TO HAVE ONE PRESENT WITH YOU WHILE YOU’RE BEING QUESTIONED. ONE WILL BE APPOINTED TO REPRESENT YOU, BEFORE QUESTIONING, IF YOU WISH ONE.

…Here’s where the smart guys said they wanted an Attorney. But most folks just looked at me with bored eyes glazed over, or looked away engrossed in watching something else.

…DO YOU UNDERSTAND THESE RIGHTS THAT I HAVE EXPLAINED TO YOU? HAVING THESE RIGHTS IN MIND, DO YOU WANT TO TALK TO ME NOW?

…I, like Whit [another P.O. commenter], found that most folks think they know the words. But it was my experience that few folks I Mirandized truly understood the meaning that is so succinctly stated therein. There is something wrong with a warning that so often is ignored. Perhaps it’s too much legaleeze, too glib, too ritualistic, or some other combination of too’s. But I’ve got to agree with that Berkeley Lawyer, it’s lost it’s warning effect and is not effective now, if it ever really was.

…Last point. Whether the suspect waives or not, they are still responsible for what they say. Go ahead and invoke, but don’t then get bored, or angry, or stupid and blither on about anything. One of my jobs is to tie you to a story. Your story of events. Maybe it’s true, maybe not. That isn’t all so apparent at the beginning of an investigation. But once you’ve said it (muttered, shouted, cursed or mumbled it) YOU OWN IT. If you’re going to invoke, choke yourself into silence. Don’t even ask questions (Will the Deputies let me go after I sober up?). Most folks don’t do that. ANYTHING YOU SAY…….

That last paragraph is one every defendant should read.  Dave is a straight-shooter, and isn’t posting this to mess around with people’s heads.  Once you’ve said something, “YOU OWN IT.”  And there’s nothing a lawyer can do to change that fact.