Legal English 23

22. What Does It Mean to "Waive" My Miranda Rights?

Suspects "waive" (give up放弃) their Miranda rights by talking to police officers after having been advised that they have the right not to. To avoid disputes in court about whether Miranda warnings were given and waived, police officers often ask suspects who indicate a willingness to talk to sign waiver forms acknowledging that they’ve received and understood their Miranda rights, and that they want to talk to the police anyway.

23. Once I’ve Waived My Miranda Rights, Is It Possible to Change My Mind and Invoke My Right to Silence?

Yes. Suspects can invoke their right to silence at any time, even if they have begun talking to the police. Of course, statements made before invoking the right to silence are admissible, so deciding to remain silent after previously answering questions may be the equivalent of locking the barn door after the horse has run away. To stop police questioning, a suspect merely has to say something like, "I don’t want to say anything else" or "I want to talk to a lawyer before we go any further." If the police continue to question a suspect who invokes Miranda, nothing the suspect says after indicating a desire to halt the interview is admissible in evidence.

24. Has the Miranda Rule Prevented Suspects From Giving Up Their Right to Remain Silent and to Be Represented by an Attorney During Police Questioning?

Not especially. When Miranda was decided, police and prosecutors predicted a dire effect on their ability to secure convictions. However, arrestees often ignore the Miranda warning and talk to police officers. The following psychological factors that police regularly use to their advantage explain why suspects often make "voluntary" confessions that they later regret:

 
1、lock the barn door after the horse has run away  亡羊补牢
2、Has the Miranda Rule Prevented Suspects From Giving Up Their Right to Remain Silent and to Be Represented by an Attorney During Police Questioning? 米兰达原则是否已经取消了犯罪嫌疑人放弃沉默权和警察审讯时让律师代理的权利?
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