|“Stop throwing the Constitution in my face, it's just a god damned piece of paper!"- George W. Bush|
April 29, 2013 (AE) - A great misconception has been spread all over the media, via "Left Wing" vs. "Right Wing" arguments, on whether a Magistrate Judge, under orders from DoJ, should have "issued Miranda Rights" to Boston Bombings suspect Dzhokhar Tsarnaev.
I've heard various television lawyers and politicians (most are lawyers) making the most inaccurate legal statements such as these: "the Magistrate Judge GAVE HIM HIS RIGHTS", "we ISSUED him Miranda Rights", "we INVOKED his Miranda Rights", "we GRANTED his Miranda Rights".
There is no such thing as "Miranda Rights", the proper term is "Miranda Warning", and it's a legal requirement to warn a person being charged with a crime of their US Constitution, 5th Amendment, "right to remain silent". Giving this warning does not GIVE YOU your rights, your rights are there and are granted by the US Constitution. They do not INVOKE your rights, you INVOKE your rights by not speaking.
This is a very dangerous misconception being spread into the public consciousness... that you have NO RIGHTS unless they are GRANTED to you by some legal authority... this is a dangerous deception.
The short text below explains the "Miranda Warning". The first video below shows FOX News monkeys (some of them lawyers) promoting the"Miranda Rights" misconception. The second video below shows Judge Andrew Napolitano explaining the legal concept perfectly.