法律英语导读(20)

时间：2007-04-10 01:37:55

（单词翻译:单击）

17. After I'm Arrested, Is It Ever a Good Idea to Talk to the Police?

　　Not without talking to a lawyer first. Talking to the police is almost always hazardous1 to the health of a defense2 case, and defense attorneys almost universally advise their clients to remain silent until the attorney has assessed the charges and counseled the client about case strategy.

　　18. How Do I Assert My Right to Remain Silent If I Am Being Questioned By the Police?

　　Suspects do not need to use any magic words to indicate that they want to remain silent. Indeed, they don't have to use any words at all. Arrestees may invoke3 their Miranda rights by saying things like the following:

　　· "I want to talk to an attorney."
　　· "Please leave me alone."
　　· "I don't have anything to say."
　　· "I claim my Miranda rights."

　　If the police continue to question an arrestee who says anything like the above, the police have violated Miranda. As a result, nothing the arrestee says after that point is admissible in evidence.

　　19. If the Police Question Me Before Arresting Me, Does the Miranda Rule Apply?

　　Not necessarily. Miranda applies only to "custodial4" questioning. A person is not in custody5 unless a police officer has "deprived a [person] of his freedom of action in a significant way." When it decided6 the Miranda case, the Supreme7 Court said that its ruling does not apply to "general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.'' Thus, unless a person is in custody, an officer can question the person without giving the Miranda warning, and whatever the person says is admissible in evidence.

　　本节的问题：　　1、When it decided the Miranda case, the Supreme Court said that its ruling does not apply to "general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.（翻译）
　　2、如何暗示我保留自己的米兰达权利？（回答问题）
　　答案：　　1、最高法院裁决米兰达一案时说，本裁决不适用于罪案现场就一般事实问题的询问或者其他实地勘查过程中对市民的询问。
　　2、
　　· "I want to talk to an attorney."
　　· "Please leave me alone."
　　· "I don't have anything to say."
　　· "I claim my Miranda rights."


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1 hazardous Iddxz     
adj.(有)危险的，冒险的；碰运气的
参考例句：
  • These conditions are very hazardous for shipping.这些情况对航海非常不利。
  • Everybody said that it was a hazardous investment.大家都说那是一次危险的投资。
2 defense AxbxB     
n.防御，保卫；[pl.]防务工事；辩护，答辩
参考例句：
  • The accused has the right to defense.被告人有权获得辩护。
  • The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。
3 invoke G4sxB     
v.求助于(神、法律)；恳求，乞求
参考例句：
  • Let us invoke the blessings of peace.让我们祈求和平之福。
  • I hope I'll never have to invoke this clause and lodge a claim with you.我希望我永远不会使用这个条款向你们索赔。
4 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。
5 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。
6 decided lvqzZd     
adj.决定了的，坚决的；明显的，明确的
参考例句：
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
7 supreme PHqzc     
adj.极度的，最重要的；至高的，最高的
参考例句：
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。

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