| Well, actually, Hooby, there was nothing to forget since there was no warning to give before Miranda's case was decided. Also, he wasn't charged with murder, but with rape and kidnapping. The issue isn't forgetting to say something, but rather whether a person is voluntarily making a confession or statement. Since the potential for coercion exists when a person is in custody, the best way to guard against it is to remind the person that they have the right not to talk and the right to seek advice. Without that, questions will linger about whether their statements were voluntary. |