The Miranda Warning

"You have the right to remain silent; anything you say can be used against you..-.", these are the words of the Miranda warning which was created as a result of 1966 United States Supreme Court case_> Miranda v. Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntarily and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present

The United States Supreme Court ruled that the confession could not be used as evidence of Mr. Miranda's guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law. To ensure that other accused criminals are made aware of their constitutional rights, The Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent₍ that anything he says can be used against him in a court of law, that he has a right of the

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Chapter Ш. Law Enforcement ^_^_____

presence of an attorney, and that if he can not afford an attorney, one will be appointed for him prior to any questioning if he so desires. The "Miranda warning" is now applied by law officers throughout the United States as a result of this ruling.

TASK 5. Match the following English expressions with their Russian equivalents:

1) credit for time in custody	а) возвращение под стражу
2) defendant not in custody	b) дальнейшее содержание
3) detention in custody	под стражей
4) escape by person in custody	с) передать, препроводить
5) in-custody confession	под стражу
6) in-custody interrogation	d) допрос лица, находящегося
7) person in custody	год стражей
8) remand in custody	е) содержать под стражей
9) retention in custody	f) зачёт времени пребывания
10) to discharge from custody	под стражей
11) to keep in custody	g) лицо, содержащееся
12) to submit to custody	под стражей
r	п) освободить из-под стражи
i	i) побег из-под стражи
	j) подсудимый, находящийся
	на свободе
	к) признание, сделанное лицом,
	находящимся под стражей
	1} содержание под стражей

TASK 6. Fill in the gaps in the text below with the appropriate words from the box:

t heft; sentence; charge; fine; fingerprints; oath; arrest;

evidence; cell; court; magistrate;

handcuff; witnesses; investigate; detained; pleaded; found

the disappearance of

A policeman was sent to

some property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera

and some cash. When the policeman tried to the boy, he

became violent and the policeman had to him. At the

84

Just English. Английский для юристов

p olice station the boy could not give a satisfactory explanation

for his actions and the police decided to him with the

of the camera and cash. They took his _ч , locked

him in a .■ and him overnight. The next morning

he appeared in before the - He took an ^

After both sides _ guilty. He had of three

and not guilty. Two , the owner of the property

and a member of the hotel staff, gave

of the case had been heard the boy was

to pay a of £50 and he was given a

months in prison suspended for two years.

TASK 7. Fill in the gaps with the prepositions from the box. Some of these can be used more than once:

b efore; in; to; of; with

1. handcuffs.

   the judge.

   custody,

   five years.

   six months.

   murder, theft.

   He's being kept

2. He was sentenced ^

3. She got a sentence

4. He was accused

5. She's been charged

6, He appeared court _

7. They were brought

TASK S. Study the newspaper article below and discuss the problems of juvenile custody:

JESoy, 15, Dies after Hanging in Police Cell

A fresh controversy was looming yesterday over the care of juveniles in custody when a 15~year~old boy died after being found unconscious in a police cell

The teenager was rumoured to have tried to hang himself in the cell at HartlepooJ police station, although the results of a post-mortem examination conducted yesterday will not be released until today. The

had been arrested on suspicion of burglary and was found unconscious by custody officers at 3.15 p.m. on Monday, The officers resuscitated him before paramedics rushed him to the general hospital, He was put on a life support system but died at 1 a,m. yesterday morning.

The death will be viewed as particularly controversial because

Chapter III. Law Enforcement

j uveniles are not supposed to be held in police cells under any circumstances. Under the 1984 Code of Practice juveniles shouLd not be placed in the cells. "Most police stations would have a detention room for those juveniles who need to be detained- The rooms are much more spacious and Less intimidating than cells and, crucially, nearer the custody officer. But juveniles are sometimes put in cells because there is nowhere else to put them", Mark Grindrod, juvenile project manager for the Howard League for Penal Reform, said. "If you have juveniles in custody you have to have particular concerns about their vulnerability, because they are

particularly prone to carrying out acts which perhaps they do not fuliy think through. That's why we have such specific and stringent rules about interviewing and detaining juveniles, both in police stations or prisons." A juvenile should not be held in a cell before being interviewed and a decision over whether to charge him or her is reached. Once a decision to charge has been made, police can bail the young person into the care of social services, or send him or her home, pending a court appearance-Cleveland Police voluntarily referred the case to the Police Complaints Authority.

TASK 9. Study the selection of newspaper articles covering shop­lifting cases. Comment on the penalties given in each case: