Defense attorneys often try to use the rule to weaken a prosecutor’s case before trial. If a defense attorney can convince a judge that a search or interrogation was improper, and most of the prosecution’s evidence is tied to the illegality, the defense can force the prosecution to dismiss charges or accept a plea to a lesser crime.
16. Am I Entitled to Have My Case Dismissed If the Police Questioned Me Without Advising Me of My Miranda Rights?
No. One large popular misconception about the criminal justice system is that a case has to be thrown out of court if the police fail to give the Miranda warning to people they arrest. What Miranda says is that the warning is necessary if the police interrogate a suspect in custody and want to offer something the suspect says into evidence at trial. This means that the failure to give the Miranda warning is utterly irrelevant to the case if:
the suspect is not in custody (see Question 19)
the police do not question the suspect, or
the police do question the suspect, but the prosecution does not try to use the suspect’s responses as evidence.
本节的问题:
1、What Miranda says is that the warning is necessary if the police interrogate a suspect in custody and want to offer something the suspect says into evidence at trial.(翻译句子)
2、在什么情况下,警官可以不宣讲米兰达警告。(回答问题)
答 案:
1、米兰达警告所说的是,警官询问关押中的嫌疑犯并想将嫌疑犯的供述作为证据时才有必要有必要提出米兰达警告