"EVERYONE KNOWS THEIR MIRANDA RIGHTS": Implicit Assumptions and Countervailing Evidence

More than four decades have passed since the Miranda decision (Miranda v. Arizona, 1966) enshrined the Constitutional protections afforded to custodial suspects against self incrimination. As a prophylactic safeguard, the rights to silence and counsel must be communicated via Miranda warnings or “other fully effective means” (Miranda, p. 478) or else the arrestee’s statement may be