Friday, January 17, 2014

Your Right To Remain Silent







    Probably the most revered and cherished right granted to you by the Constitution is your spirit-elevating right to remain silent while you are being kidnapped by armed strangers and taken to a detention center within a concrete bunker that has one door made out of steel bars and several other inhabitants, probably very likely deranged. Not only do you have a Constitutional right not to utter any sounds while all this is happening to you against your will, it is by far the most redoubted and publicized right of all the arrest rights granted to you by the Constitution.
   This is due to someone named Miranda.
   Miranda apparently once got arrested and was not informed that he could endure his Constitutional right to be arrested without actually saying anything. It apparently happened that while he was having his life upended by strangers with guns he made noise! What the noises were are not recorded in any of the research items I have examined but I would suspect that they were vocal noises, either screams of terror or hollered objections, or maybe even the answering of questions by the kidnappers in police uniforms.
   This was so odd and bizarre a reaction, apparently, him making noises or sounds, that the incident went all the way to the Supreme Court, a Constitutional creation created by itself consisting of nine dull-witted idiots whose sole job for the rest of their lives is to ponder and contemplate whether this or that is "Constitutional." They can't be fired. No matter how stupid they are at this job. They also enter the job with no experience deciding on the Constitutionality of things. They could have been janitors prior to stepping into the "Is This Constitutional?" job. One good thing about the job, though, is they can never be "wrong." Whatever they decide is always the right decision. Because their decisions cannot be overruled by anyone. They overrule all other peoples' decisions. So that's a good job to have: you have it for life, you don't need experience, and you can't err. It's great. And it's Constitutional besides. It's almost a perfect job, maybe the only perfect job in the universe, except for Yahweh's.
   Miranda's right to endure the most traumatic, life-destroying, frightful, humiliating, dehumanizing, ruinous experience available under the Constitution, the right to be arrested -  his right to experience this right quietly is so vast and sweeping a right and one so filled with virtue that it is mentioned three hundred thousand times a day on television police dramas. "You are under arrest. You have the right to remain silent." I am experience a flowing of tears right now just writing it. These are words we all know and have come to cherish as we do the national anthem, the pledge of allegiance, the throwing of the first baseball and our first piece of ass not from a blood relative.
   Being permitted not to make any sounds while your life is being upended forever is something 9 people who cannot be fired and who are all in the throes of either Alzheimers or suffering a basic confusion as to what sex they are spent months coming to a conclusion about. And we have the Constitution to thank for it.
 
footnote to all this: At some point someone is going to interject "You know, you are really twisting things: Miranda was not about having the right to remain silent; it was about your right to be told you have the right to remain silent." And this interjecting person will be actually correct. And isn't that what makes the Miranda Ruling so fantastic?….you get to be actually informed prior to being dragged away that you can remain silent if you like and that your objections, should you decide to start verbally objecting, can….if the court you are eventually someday going to appear in so decides….be interpreted as "resisting arrest" in a legal sense, which could add additional time to your incarceration during the time you are considered innocent until proven guilty while you are in jail.
   So, yeah, you're right.



 

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