Legal English 20

17. After I’m Arrested, Is It Ever a Good Idea to Talk to the Police?

Not without talking to a lawyer first. Talking to the police is almost always hazardous to the health of a defense case, and defense attorneys almost universally advise their clients to remain silent until the attorney has assessed the charges and counseled the client about case strategy.

18. How Do I Assert My Right to Remain Silent If I Am Being Questioned By the Police?

Suspects do not need to use any magic words to indicate that they want to remain silent. Indeed, they don’t have to use any words at all. Arrestees may invoke their Miranda rights by saying things like the following:

· "I want to talk to an attorney."
· "Please leave me alone."
· "I don’t have anything to say."
· "I claim my Miranda rights."
If the police continue to question an arrestee who says anything like the above, the police have violated Miranda. As a result, nothing the arrestee says after that point is admissible in evidence.

19. If the Police Question Me Before Arresting Me, Does the Miranda Rule Apply?

Not necessarily. Miranda applies only to "custodial" questioning. A person is not in custody unless a police officer has "deprived a [person] of his freedom of action in a significant way." When it decided the Miranda case, the Supreme Court said that its ruling does not apply to "general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.” Thus, unless a person is in custody, an officer can question the person without giving the Miranda warning, and whatever the person says is admissible in evidence.

 
When it decided the Miranda case, the Supreme Court said that its ruling does not apply to "general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process. 最高法院在立米兰达案件时会声明本裁决不适用于就犯罪事实所作的一般现场询问或者就其它犯罪事实调查过程中所作的一般询问。
Advertisements
This entry was posted in Legal English. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s