Section II: Police Questioning of Arrestees
This section deals with police attempts to question you in situations where you are in custody. It explains the Miranda rule and when it does and does not apply.
13. What is a "Miranda Warning?"
When police officers make an arrest, they commonly interrogate (question) the arrestee. Usually they are trying to strengthen the prosecution’s case by getting the arrestee to provide some evidence of guilt. An interrogation may have other purposes as well, such as developing leads to additional suspects.
As it turns out, by answering such questions, a suspect gives up two rights granted by the U.S. Constitution:
· the Fifth Amendment right to remain silent, and
· the Sixth Amendment right to have a lawyer present during the questioning.
Although people are entitled to voluntarily give up these and other rights, the courts have long recognized that voluntariness depends on knowledge and free will, and that people questioned by the police while they are in custody frequently have neither.
To remedy this situation, the U.S. Supreme Court ruled in the case of Miranda v. Arizona (1966) that information obtained by police officers through the questioning of a suspect in police custody may be admitted as evidence at trial only if the questioning was preceded by certain cautions known collectively as a "Miranda warning." Accordingly, police officers usually begin their questioning of a person in custody by first making the following statements:
· You have the right to remain silent.
· If you do say anything, what you say can be used against you in a court of law.
· You have the right to consult with a lawyer and have that lawyer present during any questioning.
· If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time
1.You have the right to remain silent 你有权保持沉默/你有沉默权
2.If you do say anything, what you say can be used against you in a court of law 如果你放弃沉默权，你所说的可以成为在法庭上对你不利的证词
3.You have the right to consult with a lawyer and have that lawyer present during any questioning 你有权咨询律师，问讯时有权让律师在场
4.If you cannot afford a lawyer, one will be appointed for you if you so desire 如果你无力聘请律师，假如你愿意我们可以为你指派律师
5.If you choose to talk to the police officer, you have the right to stop the interview at any time 如果你愿意回答警察问题，你有权随时取消谈话