法律英语导读(15)

Answer: Yes, Abel might be prosecuted as an accessory after the fact. By affirmatively misleading the police, he has aided Cain to avoid arrest. To protect himself while not giving up his brother, Abel might have said, "I'm sorry, I can't talk to you about that." （Admittedly, the police might view such a response as a red flag that Cain is close at hand. Abel must rely on his own balancing of personal risk, private loyalty and public duty.）

　　Section II: Police Questioning of Arrestees

　　This section deals with police attempts to question you in situations where you are in custody. It explains the Miranda rule and when it does and does not apply.

　　13. What is a "Miranda Warning?"

　　When police officers make an arrest, they commonly interrogate （question） the arrestee. Usually they are trying to strengthen the prosecution's case by getting the arrestee to provide some evidence of guilt. An interrogation may have other purposes as well, such as developing leads to additional suspects.

　　As it turns out, by answering such questions, a suspect gives up two rights granted by the U.S. Constitution:

　　· the Fifth Amendment right to remain silent, and

　　· the Sixth Amendment right to have a lawyer present during the questioning.

　　Although people are entitled to voluntarily give up these and other rights, the courts have long recognized that voluntariness depends on knowledge and free will, and that people questioned by the police while they are in custody frequently have neither.

　　To remedy this situation, the U.S. Supreme Court ruled in the case of Miranda v. Arizona （1966） that information obtained by police officers through the questioning of a suspect in police custody may be admitted as evidence at trial only if the questioning was preceded by certain cautions known collectively as a "Miranda warning." Accordingly, police officers usually begin their questioning of a person in custody by first making the following statements:

　　· You have the right to remain silent.

　　· If you do say anything, what you say can be used against you in a court of law.

　　· You have the right to consult with a lawyer and have that lawyer present during any questioning.

　　· If you cannot afford a lawyer, one will be appointed for you if you so desire.

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