2. 考研
  3. For years people have debated the degree to which police officers’ hands are tied—restricted from doing their jobs by laws that

For years people have debated the degree to which police officers’ hands are tied—restricted from doing their jobs by laws that

admin2015-02-12  70
问题     For years people have debated the degree to which police officers’ hands are tied—restricted from doing their jobs by laws that allow a criminal to get off "scot free". A closer examination, however, reveals that these laws merely attempt to prevent abuse.
    In the 1966 Supreme Court decision Miranda vs. Arizona, the court held that before the police can obtain statements from people who are arrested and subjected to an interrogation, they must be given a Miranda warning, which means suspects have the right to remain silent during the police interrogation, and they have the right to have an attorney present during questioning. Violation of these rights means that people’s statements are not admissible in a court hearing. Police officers must read suspects their Miranda rights upon taking them into custody. When a suspect who is merely being questioned incriminates himself, he might later claim to have been in custody and seek to have the case dismissed. The judge must determine whether suspects were questioned in a threatening manner and whether suspects were aware that they were free to leave at any time. Officers must take care not to give suspects grounds for later claiming they believed themselves to be in custody.
    This, it must be remembered, is to deter policemen obtaining confessions in a coercive way, but confessions can be obtained in a non-coercive way, even if it is done by some trickery. Sometimes, one inmate may confess to another inmate, and often these confessions are obtained by placing an undercover agent, posing as an inmate, in a cell with the prisoner. On the surface, this may appear to violate the principles of the constitutional Fifth Amendment privilege against self-incrimination. However, the courts have found that the Fifth Amendment is intended to protect suspects from coercive interrogation, which is present when a person is in custody and is subject to official questioning. In the case of an undercover officer posing as an inmate, the questioning does not appear to be official; therefore, confessions obtained in this manner are not considered coercive.
The privilege against self-incrimination can be found in______.
选项 A、Supreme Court opinion
B、prison rules and regulations
C、state law governing prisons
D、the U.S. Constitution
答案D
解析 属事实细节题。第三段第三句作者讲到，美国宪法第五项修正案反对自证其罪。
转载请注明原文地址:https://kaotiyun.com/show/D7K4777K
0

考研英语一

相关试题推荐
随机试题
最新回复(0)