Preview

Janet Ainsworth

Good Essays
Open Document
Open Document
479 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Janet Ainsworth
Ainsworth, Janet. “‘You have the right to remain silent…’ but only if you ask for it just so: the role of linguistic ideology in American police interrogation law.” The International Journal of Speech, Language and the Law, vol. 15, no. 1, 2008, pg. 1-21.
In Janet Ainsworth’s article, “‘You have the right to remain silent…’ but only if you ask for it just so: the role of linguistic ideology in American police interrogation law,” she explores the linguistic complexities of legal language, specifically the usage of the Miranda Rights in interrogation.
Ainsworth first explains the power of words in our legal system with the concept of speech acts, which invoke certain actions or decrees upon their declaration. The action or decree invoked depends
…show more content…
Ainsworth shows that this is not the case, as the reading of the Miranda Rights was brought about by the Supreme Court as a compromise to keep the effectiveness of interrogation without violating the rights of the suspect. By making the reading of the Miranda Rights legal and necessary, suspects are made aware of their rights but are not told how to bring them about. This also means that it is incredibly easy for suspects to waive their rights by simply using incorrect wording or even not speaking at all. The reading also serves the purpose of allowing police to interrogate. Of course, the very need for the Miranda Rights suggests that there is an innate injustice in the use of interrogation. This is because of the inherent power dynamic between the police officers and the suspects. Officers hold sway over the suspects and know very well how to use legal language. The typical suspect does not and because of this sense of powerlessness is therefore submissive to the officer, which leads to meek behavior and language. They lack the authority necessary in using legal language to bring about the actions they would require, such as a lawyer, if they even realized they were in need of

You May Also Find These Documents Helpful

  • Good Essays

    As further reiterated, “Confessions remain a proper element in law enforcement. Any statement given freely and voluntarily without any compelling influences is, of course, admissible in evidence.” Furthermore, the Fifth Amendment does not bar voluntary statements by definition. The Fifth Amendment explicitly states “No person shall…be compelled in any criminal case to be a witness against himself”. The issue here was whether or not the conversation was in fact an interrogation based on the subdivision called the “functional equivalent” of questioning, described as ‘any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect’. The court found that the conversation did not fall within the Miranda meaning of “interrogation” because it was concluded as being nothing more than a dialogue between the two officers, which invited no response from the respondent, and was clearly not a questioning initiated by officers. Furthermore, the conversation also was found not to fall under the description of “functional equivalent” because the few ‘offhand’ remarks that the officers made to one another in no way subjected the respondent to elicit a statement of admission, nor were the officers’ actions subjecting the respondent. Consequently, the respondent was found to have given a confession in a voluntary manner and that his Fifth Amendment rights were not deprived because he was not compelled or forced in any way to…

    • 832 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Miranda Vs Arizona Summary

    • 1018 Words
    • 5 Pages

    There were four different cases that were addressed by the Supreme Court’s decision in Miranda v. Arizona. These cases involve custodial interrogations and in each of these cases, the defendant was cut off from the outside world while they were being interrogated in a room by the police officers, detectives, as well as prosecuting attorneys. In the four cases, not even one of the defendants was given a full and effective warning of his rights during the interrogation process. Furthermore, the questioning done in all the cases elicited oral admissions and, in three of them, signed statements that were admitted at trial.…

    • 1018 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    1. The U.S. Supreme Court's ruling of Miranda v. Arizona set a precedence on how future suspects would be interrogated. It makes complete sense to advise a person that is being interrogated that he or she has a right to remain silent during interrogation and that he or she has the right to have counsel present during an interrogation. It's also important that the suspect be fully aware and full understand his or her rights before the interrogation begins. -WRITTEN AND INTERPERSONAL COMMUNICATION-METHODS FOR LAW ENFORCEMENT By Harvey Wallace and Cliff Roberson(CHAPTER 9 PAGE 136)…

    • 341 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Miranda V. Arizona 1966

    • 1843 Words
    • 8 Pages

    In 1966 Miranda v. Arizona was a landmark of a decision to the United States Supreme Court, in which this was passed because it had four out of five agreeing. The Court held both exculpatory and inculpatory statements in which was made in response to interrogation by the person who is in the custody of the police who will be used in a trial only if the prosecution is able to show that the accused was informed of their right to consult with a lawyer before and even during any questioning and have the right against…

    • 1843 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Was Mr. Miranda fully apprised of his constitutional rights when the officers failed to inform Mr. Miranda that he could remain silent and have an attorney present at the interrogation?…

    • 765 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    miranda v. arizona

    • 367 Words
    • 2 Pages

    Supreme Court Decision: The Supreme Court ruled 5-4 in favor of Miranda and it also enforced the Miranda warning to be given to a person being interrogated while in the custody of the police.…

    • 367 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” The Court also held that “without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.” Therefore, a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.” As those reasons, the Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart.…

    • 875 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Miranda never knew he did not have to speak with the police was interrogated and confessed and was sentenced to jail. Later an attorney looked over the case and requested Judicial Review Claiming that Ernesto’s rights has been violated. In 1966 The Supreme Court overturned Miranda’s Conviction, and ruled that if a person is going to be taken in as a suspect they must be informed that they do have a right to and attorney. The suspect also has to be informed that the do not have to speak. The supreme court also ruled that if the suspect is not informed of these right the evidence obtained before hand can not be used in court. These rights are now known as the Miranda rights.…

    • 524 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Miranda vs. Arizona

    • 285 Words
    • 2 Pages

    Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the United States Supreme Court which passed 5–4. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.…

    • 285 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Miranda vs. Arizona

    • 454 Words
    • 2 Pages

    Creation of the Miranda rights has changed the relationship between citizen state and police suspects. Citizens now have the right to be informed and assurance that they will be protected by institutional power. Suspects can now anybody that they had nothing to with it. The Miranda warnings are rights that are not protected by the Constitution. They are simply a precaution to guarantee protection against self –incrimination. Without the Miranda rights, the treatment of criminals would not be fair.…

    • 454 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In our respectful submission your honours, we argue that it is essential for all suspects to enjoy the right to legal counsel during interrogation. Both the Charter of Rights and Freedoms and the Oakes test demonstrates that the constitutional rights of having a legal counsel during interrogation should not be violated through law enforcement conduct. First and foremost, the Canadian Charter of Rights and Freedoms seems to recognize the centrality of the right to retain counsel by stating that everyone “has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.” It serves to guarantee that the detainee not only to be informed of his rights and obligations under the law but also to obtain…

    • 576 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Police-suspect interactions exemplify how the choice of lexis, grammar and register is influenced by position and context. Such interactions therefore test Grice’s maxims, with the relationship between the flouting of maxims and the creation of unequal power being of great interest. Police must assess a situation, an individual, and their acts to establish the relevant use of language meaning that numerous language characteristics are evident in their speech. I will analyse how these create a successful interaction but also the necessary power and assertion. I hope my conclusion will be applicable to some of the many other imbalanced power interactions in society.…

    • 3471 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    Miranda Warnings

    • 1790 Words
    • 8 Pages

    It is now such standard police procedure that it is difficult to think it continues to make such a large and costly effect on the US court systems. Just about everyone knows about the Miranda law now, and suspects can waive their Miranda rights if they choose, and they are informed they are waiving their rights if they choose to talk to an interrogator anyway. As one expert notes, Miranda has not really created a new wave of interrogation – suspects will still waive their rights if they think it will help serve them in some way. "Guilty suspects who think they can outsmart police would have talked in the 'old days' and today gladly waive their Miranda rights and talk to the police. Guilty suspects who can be tricked into making damaging statements by the police can also be tricked into waiving their Miranda rights (Thomas 1). Thus, Miranda, while creating controversy, really has not seemed to flood the courts with inadmissible cases, neither has it changed, for the most part, how police go about getting confessions from suspects. Thus, the arguments that Miranda costs the taxpayer more money while allowing suspects to go free simply does not hold water. In addition, in many cases, the Miranda rule helps policing, because it ensures the information the police obtain will hold up in court, and it ensures the rights of the suspect are maintained…

    • 1790 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    This research project analyses two texts from opposing legal sides. They both involve the questioning of a prosecution witness. The texts are from An Introduction to Forensic Linguistics: Language in Evidence (Coulthard and Johnson, 2007, p.107 – 110). This project builds upon the research already conducted by the authors. This incremental research utilizes the Hallidayan systemic function linguistic framework in Unit 8 Ways of Speaking – Exploring Linguistic Variability (White, 2005, p.46), however it also employs the critical linguistic approach in Unit 20 Critical Linguistic Approaches (White, 2005), particularly the recommended guidelines (p.123) for conducting a small-scale research project. As the link between language choices and social context is crucial to critical linguistics (White, 2005, Unit 20, p121), the approach taken in this project has been refined since the research proposal to provide more relevant links between language and social context.…

    • 4423 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    i. ‘The question is, what does the language mean; and when we find what the language means, in its ordinary and natural sense, it is our duty to obey that meaning, even if we think the result to be inconvenient or impolitic or improbable.’ Higgins J. in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 at 161-2. (See text page 119)…

    • 1049 Words
    • 5 Pages
    Good Essays