Category: Uncategorized

“You have the right to remain silent…”: On understanding the Miranda warning (it’s not so easy)

The famous Miranda warning – “you have the right to remain silent…” — is actually very difficult to understand, especially for non-native speakers, who often give up their rights without knowing what they are.

1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to talk to a lawyer and have him present with you while you are being questioned.
4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one.
(After the warning and in order to secure a waiver, the following questions should be asked and an affirmative reply secured to each question.)
1. Do you understand each of these rights I have explained to you?
2. Having these rights in mind, do you wish to talk to me now?

Examples from the Forensic (Linguistic) Files

 

 

accmpanies post with case examples

Is a contract provision binding if its meaning is indeterminate or ambiguous?

At various places on this site, you’ll find somewhat abstract descriptions of the services I offer.  But what kinds of cases do I actually get involved in?  Examples follow (current cases excluded; cases involving forensic stylistics are highlighted).

In three of my specialties, I’m about equally divided between Plaintiff and Defendant.  In cases of alleged academic plagiarism, I represent the Defendant, who typically has not committed plagiarism, even by the university’s own rules.  In cases of literary plagiarism, I represent Plaintiffs who believe that their work has been copied.