法律英语导读(8)
文章来源: 文章作者: 发布时间:2007-04-10 01:27 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
7. If I Don't Have to Answer Questions, Does This Mean I Can Sue(控告) a Police Officer for Trying to Question Me?

  No. Even in the complete absence of probable cause to arrest or suspicion to conduct a "stop and frisk," police officers have the same right as anyone else to approach people and try to talk to them. Of course, if the person refuses to talk, the officer must stop.

  Case Example: Officer Stan Doff1 knocks on the front door of Dee Fensive's home. When Dee answers the door, the officer says, "I'd like to ask you a few questions about a robbery (抢劫)that took place across the street a few minutes ago. Have you noticed any suspicious (可疑的)people hanging around the neighborhood lately?" Dee indicates that She has seen nothing, does not want to talk further and closes the door. Officer Doff then leaves.

  Question: Has the officer violated (侵犯)Dee's rights?

  Answer: No. The officer has a right to try to question Dee. When Dee indicated that she did not want to talk, the officer ended the interview. The officer's actions are legally proper.

  8. Doesn't a Police Officer Always Have to Read Me My "Miranda Rights(米兰达权利)" Before Questioning Me?

  No. A "Miranda warning](米兰达警告)" essentially2 advises people of their constitutional right to not answer questions and to have an attorney present if they do decide to talk to police officers. (See Question 13.) But the Miranda warning is required only if the person being questioned is in custody3 and the police want to later use the answers in court. This means that statements by a person not in custody may later be used against the person in court even though no Miranda warning was given. (See Question 19.)

  Case Example: Officer Dave Bouncer is investigating a barroom(酒吧间) brawl4(斗殴). The bartender indicates that a patron named Bob Sawyer might be able to identify the instigator5(挑起者、煽动者) of the brawl. When Officer Bouncer interviews Bob, Bob makes statements implicating6 himself in the brawl. Officer Bouncer did not read Bob his "Miranda rights."

  Question: If Bob is charged with a crime concerning the brawl, will Bob's statements to Officer Bouncer be admissible as evidence(证据)?

  Answer: Yes. At the time Officer Bouncer spoke7 to Bob, Bob was not in custody. Thus, "Miranda warnings" were not required as a condition of admissibility.

  本节的问题:  1、米兰达警告的内容是什么?中英文回答均可。
  2、警官在什么情况下无需提出米兰达警告,而取得的证据可作为控诉的依据?

  答案:  1、
  · 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
  2、
  没有被羁押,NOT IN CUSTODY



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1 doff gkAzs     
v.脱,丢弃,废除
参考例句:
  • The peasants doff their hats.农民脱下了他们的帽子。
  • When he received me informally,he doffed the uniform of state and always wore a long chinese coat.当他非正式接见我的时候,他不穿礼服而总是穿中国长袍。
2 essentially nntxw     
adv.本质上,实质上,基本上
参考例句:
  • Really great men are essentially modest.真正的伟人大都很谦虚。
  • She is an essentially selfish person.她本质上是个自私自利的人。
3 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。
4 brawl tsmzw     
n.大声争吵,喧嚷;v.吵架,对骂
参考例句:
  • They had nothing better to do than brawl in the street.他们除了在街上斗殴做不出什么好事。
  • I don't want to see our two neighbours engaged in a brawl.我不希望我们两家吵架吵得不可开交。
5 instigator 7e5cc3026a49a5141bf81a8605894138     
n.煽动者
参考例句:
  • It is not a and differs from instigator in nature. 在刑法理论中,通常将教唆犯作为共犯的一种类型加以探究。 来自互联网
  • If we are really the instigator, we are awaiting punishment. 如果我们真的是煽动者,那我们愿意接受惩罚。 来自互联网
6 implicating d73e0c5da8db9fdf8682551d9fa4e26b     
vt.牵涉,涉及(implicate的现在分词形式)
参考例句:
  • He was in the public dock, confessing everything, implicating everybody. 他站在被告席上,什么都招认,什么人都咬。 来自英汉文学
  • No one would have had me get out of the scrape by implicating an old friend. 无论什么人都不能叫我为了自己摆脱困难便把一个老朋友牵累到这案子里去。 来自辞典例句
7 spoke XryyC     
n.(车轮的)辐条;轮辐;破坏某人的计划;阻挠某人的行动 v.讲,谈(speak的过去式);说;演说;从某种观点来说
参考例句:
  • They sourced the spoke nuts from our company.他们的轮辐螺帽是从我们公司获得的。
  • The spokes of a wheel are the bars that connect the outer ring to the centre.辐条是轮子上连接外圈与中心的条棒。
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