法律英语导读(22)
文章来源: 文章作者: 发布时间:2007-04-10 01:39 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
Case Example: Officer Starsky stops Hutch for running a red light. After issuing a ticket, the officer orders Hutch from the car and questions him about a burglary which had taken place nearby. Officer Starsky does not give Hutch the Miranda warning.

  Question: Is what Hutch says to the officer about his whereabouts at the time of the burglary admissible in evidence?

  Answer: No. Hutch was ordered out of the car and thus was not free to leave. As Hutch was in custody1 and Officer Starsky questioned him about a crime unrelated to the traffic offense2 without giving Hutch the Miranda warning, Hutch's statements are inadmissible in evidence.

  21. Are Statements That I Make Voluntarily Before I'm Questioned Admissible in Evidence?

  In general, yes. Miranda applies only to statements which are the product of police questioning. If an arrestee volunteers information to a police officer, the information is admissible in evidence.

  Case Example: After performing a series of sobriety tests, Ina Bryate is arrested for drunk driving. As the officer is taking her toward the police vehicle, Ina says, "I couldn't possibly be drunk. I only had a few beers at the sorority party." Before Ina said this, the officer had neither given her a Miranda warning nor questioned her.

  Question: Is what Ina said admissible in evidence?

  Answer: Yes. Ina volunteered the remark; the officer did not elicit3 it with a question. Thus, the fact that Ina had not been given a Miranda warning does not bar admission of her statement into evidence.

  How the Police Can Benefit From Delayed Miranda Warnings

  Crafty4 police officers may intentionally5 delay giving Miranda warnings to suspects following an arrest for at least two reasons:

  · If they don't question the suspect, police officers don't have to give Miranda warnings. In the absence of the warnings, some suspects will blurt6 out voluntary statements that the prosecution7 can then offer into evidence at trial.

  · Even if a suspect remains8 silent, the prosecution can sometimes use that silence against the suspect at trial. Assume that a suspect who remained silent after arrest testifies in essence that, "I didn't do it." The prosecution may be able to attack the suspect's credibility (believability) by having the arresting officer testify to the suspect's silence following arrest. The prosecution's argument would be, "If the suspect really didn't do it, why didn't the suspect immediately say that to the arresting officer?" This tactic9 can only be used, however, if the defendant10 takes the stand.

  本节的问题是翻译句子:
  1、This tactic can only be used, however, if the defendant takes the stand.
  2、If the suspect really didn't do it, why didn't the suspect immediately say that to the arresting officer?
  答案:
  1、不过,这种策略只能在被告作证时采用。
  2、要是嫌犯真的没有犯事,为什么不马上给警官说?



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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 offense HIvxd     
n.犯规,违法行为;冒犯,得罪
参考例句:
  • I hope you will not take any offense at my words. 对我讲的话请别见怪。
  • His words gave great offense to everybody present.他的发言冲犯了在场的所有人。
3 elicit R8ByG     
v.引出,抽出,引起
参考例句:
  • It was designed to elicit the best thinking within the government. 机构的设置是为了在政府内部集思广益。
  • Don't try to elicit business secrets from me. I won't tell you anything. 你休想从我这里套问出我们的商业机密, 我什么都不会告诉你的。
4 crafty qzWxC     
adj.狡猾的,诡诈的
参考例句:
  • He admired the old man for his crafty plan.他敬佩老者的神机妙算。
  • He was an accomplished politician and a crafty autocrat.他是个有造诣的政治家,也是个狡黠的独裁者。
5 intentionally 7qOzFn     
ad.故意地,有意地
参考例句:
  • I didn't say it intentionally. 我是无心说的。
  • The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所,因此没有资格再获得提供住房。
6 blurt 8tczD     
vt.突然说出,脱口说出
参考例句:
  • If you can blurt out 300 sentences,you can make a living in America.如果你能脱口而出300句英语,你可以在美国工作。
  • I will blurt out one passage every week.我每星期要脱口而出一篇短文!
7 prosecution uBWyL     
n.起诉,告发,检举,执行,经营
参考例句:
  • The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
  • He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。
8 remains 1kMzTy     
n.剩余物,残留物;遗体,遗迹
参考例句:
  • He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
  • The remains of the meal were fed to the dog.残羹剩饭喂狗了。
9 tactic Yqowc     
n.战略,策略;adj.战术的,有策略的
参考例句:
  • Reducing prices is a common sales tactic.降价是常用的销售策略。
  • She had often used the tactic of threatening to resign.她惯用以辞职相威胁的手法。
10 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
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