Apr
9
Police generally read these rights to individuals about to be questioned in custody. "You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning."
The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.
If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial—they cannot be used against the suspect.
The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.
If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial—they cannot be used against the suspect.
Apr
9
引用
有這麼個笑話，美國的中央情報局、前蘇聯的克格勃和中國的公安局，三個機構相互比賽，先把一隻兔子放進樹林，看他們如何盡快把兔子抓回來。美國中央情報局派出大批警察衝進樹林，並對每棵樹進行詢問，經過幾天的調查，都沒有問清兔子的下落，他們的得出結論：那隻兔子並不存在，樹林裡根本沒有兔子，就這樣不了了之。前蘇聯的克格勃出動大批人馬包圍了樹林，命令兔子出來自首，可是兔子就是不出來，於是，克格勃就放火把樹林燒燬了，不僅燒死了兔子，也燒死了樹林中所有的動物，並且拒絕道歉，因為這一切都是兔子的錯，不是他們的錯。中國公安派出幾名幹警悄悄進入樹林，幾分鐘後拖著一隻被打得半死的熊走了出來，這個熊嘴裡還在哀求：好，好，我認了，我是兔子，你們別打我了！
