Why So Many People Ignore Their Miranda Rights (and What to Do Instead)

Most people are familiar with their Miranda rights, at least in passing, since these rights are endlessly regurgitated in crime procedurals and throughout pop culture. They’re designed to help keep people safe during inherently coercive police investigations, but many people intentionally waive or ignore their Miranda rights.

Why is this the case? And what should you do instead?

The Basics of the Miranda Warning

In the United States, “Miranda rights” are required to be read to criminal suspects in custody as an advisement of their most important constitutional rights. The U.S. Supreme Court determined that such an advisement is necessary to guarantee admissibility of statements made during custodial interrogations in a 1966 decision, Miranda v. Arizona.

One of the most common iterations of the Miranda warning is: “You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”

There are a few alternative variations that phrase things slightly differently or include more statements.

According to the attorneys at SBBL Law, “Full Miranda warnings contain important information, but there are only two big takeaways: stay quiet and get a lawyer. Unfortunately, we have had clients in the past who neglected both initially and ended up regretting it. When a client says nothing and gets us into the fold quickly, outcomes are much, much better for them.”

Ignoring your Miranda rights, despite being advised of them, is a bad move.

So why do so many people choose it?

Why So Many People Ignore Their Miranda Rights

These are some of the reasons why people ignore their Miranda rights:

•       They believe in their own innocence. Some people believe that Miranda rights are only for the guilty, and that by talking and working with police, they’ll be able to easily prove their own innocence. However, this neglects the fact that countless innocent people have gone to prison for crimes they didn’t commit – and countless more went to prison for crimes that police officers didn’t know about initially. In other words, even if you’re totally innocent, it’s better to remain silent.
•       They fall for police manipulations. Other people succumb to intentional manipulations by police officers and interrogators. Detectives are specially trained to get people to act in a certain way, so even exceptionally smart and knowledgeable people can sometimes fall for those manipulations. Police officers will pretend to be your friend, lie about evidence they have, and generally do whatever it takes to get you to confess.
•       They think they can talk themselves out of it. Some people who are guilty of crimes believe they can talk themselves out of it, so they ignore their right to remain silent. They often overestimate their own cognitive and language abilities and underestimate those of the people interrogating them. In reality, it’s almost impossible to talk yourself out of criminal penalties; it’s far more likely to talk yourself into them.
•       Police officers intentionally circumvent Miranda warnings. It’s also worth noting that police officers are sometimes trained to find ways to downplay or work around Miranda warnings. For example, framing the warnings as “just something we have to say,” causes some suspects to completely disregard them, especially in stressful circumstances.
•       They simply don’t understand. Studies suggest that Miranda warnings have done little, if anything, to stop police coercion. That’s partially because many people simply don’t understand the extent of their rights or how to apply them.

What to Do If You Find Yourself in Police Custody

So what should you do if you find yourself in police custody?

•       Peacefully comply. Do not resist arrest. Instead, peacefully comply with police officers and wait for a proper opportunity to prove your innocence.
•       Stay silent. Do not answer police questions. Do not speak to police officers unnecessarily.
•       Insist on a lawyer. Insist on getting a lawyer from the first moment you’re in custody. Do not relent until you have one.
•       Follow your lawyer’s advice. Listen carefully to your lawyer and follow all their advice.

Most people never imagine themselves being in police custody, but it’s something that happens to innocent and guilty people alike. If you’re ever arrested or detained, you need to take your Miranda rights seriously, remaining silent and hiring a lawyer as soon as possible. It’s the only strategy that can maximize your chances of walking away.