法律英语导读(21)
文章来源: 文章作者: 发布时间:2007-04-10 01:38 字体: [ ]  进入论坛
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Case Example: Officer Roy Altie responds to a call to investigate a purse-snatching(抢包) incident. The officer learns from the victim that the culprit was a white male, about 5' 10" tall, weighing about 175 pounds and wearing a light-colored sweatshirt. About 10 minutes later, about a mile from where the purse-snatching took place, Officer Altie sees a man generally fitting the attacker's description walking alone. Officer Altie realizes that he lacks sufficient evidence to make an arrest, and approaches the man merely to question him about his activities and whereabouts during the preceding one-half hour.

  Question: Does Officer Altie have to precede the questioning with the Miranda warning?

  Answer: No. The victim's description was so general that it could apply to many men. Thus, Officer Altie lacked probable cause to make an arrest, and did not intend to make an arrest. Officer Altie was engaged in general on-the-scene questioning, and therefore did not have to give the Miranda warning.

  Police Officers May Mischaracterize a Custodial1 Situation in Court

  Police officers generally believe that suspects are more likely to speak with them voluntarily in the absence of a Miranda warning. Thus, police officers have an incentive2 not to give the warning. One way they may attempt to evade3 the Miranda rule is by delaying the arrest of a suspect until after they're through with the questioning. If an officer can convince a judge that the officer was engaged only in general questioning, and would have let the suspect walk away had the suspect chosen to do so, whatever the suspect says to the officer can be used against the suspect at trial despite the lack of Miranda warnings.

  20. Do the Police Have to Give Me a Miranda Warning If I'm Stopped for a Traffic Violation4?

  No, so long as the police officer simply asks a motorist for identification(身份证明) and limits discussion to the traffic offense5 for which the officer stopped the motorist. Routine traffic violations6 are infractions(违法,犯规), not crimes. A motorist's statement to a police officer relating to events leading up to a ticket is therefore admissible even if the officer did not give the motorist the Miranda warning. However, a Miranda warning would be required if an officer detains a motorist in order to question the motorist about crimes unrelated to the traffic stop.

  本节的问题:  1、Police officers generally believe that suspects are more likely to speak with them voluntarily in the absence of a Miranda warning.
  2、One way they may attempt to evade the Miranda rule is by delaying the arrest of a suspect until after they're through with the questioning.
  答案:
  1、警官们通常相信在缺乏米兰达警告的情况下,嫌疑犯也可能主动坦白。
  2、他们规避米兰达规则的另一办法是延迟逮捕,直至他们问讯完毕



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1 custodial Vmyyx     
adj.监护的,照管的
参考例句:
  • The teenagers were convicted of manslaughter and given a two-year custodial sentence. 这些青少年被判过失杀人罪,及二年的监禁(拘留)刑罚。
  • This article interrogates the cultural experience of being a non custodial mother. 本文审视一位无监护权的母亲所感受到的文化体验。
2 incentive j4zy9     
n.刺激;动力;鼓励;诱因;动机
参考例句:
  • Money is still a major incentive in most occupations.在许多职业中,钱仍是主要的鼓励因素。
  • He hasn't much incentive to work hard.他没有努力工作的动机。
3 evade evade     
vt.逃避,回避;避开,躲避
参考例句:
  • He tried to evade the embarrassing question.他企图回避这令人难堪的问题。
  • You are in charge of the job.How could you evade the issue?你是负责人,你怎么能对这个问题不置可否?
4 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
5 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。
6 violations 403b65677d39097086593415b650ca21     
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸
参考例句:
  • This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
  • These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。
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