法律英语导读(17)
文章来源: 文章作者: 发布时间:2007-04-10 01:34 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
14. What Happens If the Police Question Me While I'm in Custody1 Without First Giving Me a Miranda Warning?

  If a police officer questions a suspect without giving the suspect the Miranda warning, nothing the suspect says can be offered into evidence against the suspect at trial. Moreover, under the "fruit of the poisonous tree" rule, any evidence which the police find as the result of a lead obtained during questioning which violates the Miranda rule is equally inadmissible at trial.

  Case Example 1: Mal Addy is arrested for assault with a deadly weapon. Without advising Addy of his Miranda rights, the police ask Addy about the location of the knife that Addy allegedly used in the attack. Addy tells the police of its hidden location. The absence of the Miranda warning makes what Addy said to the police inadmissible at trial.

  Question: Can the prosecutor2 introduce the knife into evidence against Addy?

  Answer: No. The knife is the "fruit of a poisonous tree." The police learned of the knife solely3 through an improper4 interrogation of Addy, so the knife is inadmissible as evidence. If the police would have inevitably5 discovered the evidence that they initially6 discover because of an illegal questioning, however, the evidence may be admitted against the suspect despite the "poisonous fruit" doctrine7.

  Case Example 2: Assume the same facts as above, except that Addy tells the police that the knife is in the backpack Addy had on at the time of his arrest. The police would have found the knife when they inventoried8 the contents of the backpack during the booking process.

  Question: Is the knife admissible in evidence against Addy at trial?

  Answer: Yes. Since the police would inevitably have found the knife even if Addy had said nothing, the knife is not the fruit of the improper questioning.

  本节的问题翻译下列句子:
  Moreover, under the "fruit of the poisonous tree" rule, any evidence which the police find as the result of a lead obtained during questioning which violates the Miranda rule is equally inadmissible at trial.
  答案:
  而且,依据毒树之果原理,因违反米兰达规则获得的线索而得到的证据,在审判时同样不能采用



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1 custody Qntzd     
n.监护,照看,羁押,拘留
参考例句:
  • He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
  • He was taken into custody immediately after the robbery.抢劫案发生后,他立即被押了起来。
2 prosecutor 6RXx1     
n.起诉人;检察官,公诉人
参考例句:
  • The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
  • The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。
3 solely FwGwe     
adv.仅仅,唯一地
参考例句:
  • Success should not be measured solely by educational achievement.成功与否不应只用学业成绩来衡量。
  • The town depends almost solely on the tourist trade.这座城市几乎完全靠旅游业维持。
4 improper b9txi     
adj.不适当的,不合适的,不正确的,不合礼仪的
参考例句:
  • Short trousers are improper at a dance.舞会上穿短裤不成体统。
  • Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。
5 inevitably x7axc     
adv.不可避免地;必然发生地
参考例句:
  • In the way you go on,you are inevitably coming apart.照你们这样下去,毫无疑问是会散伙的。
  • Technological changes will inevitably lead to unemployment.技术变革必然会导致失业。
6 initially 273xZ     
adv.最初,开始
参考例句:
  • The ban was initially opposed by the US.这一禁令首先遭到美国的反对。
  • Feathers initially developed from insect scales.羽毛最初由昆虫的翅瓣演化而来。
7 doctrine Pkszt     
n.教义;主义;学说
参考例句:
  • He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
  • The council met to consider changes to doctrine.宗教议会开会考虑更改教义。
8 inventoried 87c2ab37b2bcf75f30fe5ebedd70b589     
vt.编制…的目录(inventory的过去式与过去分词形式)
参考例句:
  • These items have not been inventoried yet. 这些物品尚未编入目录。 来自互联网
  • The broker inventoried the bankrupt company and offered the buyer a reasonable price. 代理人将这家破产公司的财产编录清单,向买家提出了合理的价格。 来自互联网
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