作者:Ryan(不愿意透露照片的非典型学渣,美高党)

学渣自述:为学好美国历史,考好AP美国史及SATII美国史而积累素材!从今天开始每天积累历史素材,好好备战!

2018年6月13日  历史上的今天:1966年6月13日

著名的米兰达权利(或者米兰达警告)今日由美国最高法院颁布施行:就是犯罪嫌疑人保持沉默的权利,是个具有特殊意义的法律制度。"你有权保持沉默。如果你不保持沉默,那么你所说的一切都能够用来在法庭作为控告你的证据。你有权在受审时请律师在一旁咨询。如果你付不起律师费的话,法庭会为你免费提供律师。你是否完全了解你的上述权利?"这句话就是著名的"米兰达警告",也称"米兰达告诫",即犯罪嫌疑人、被告人在被讯问时,有保持沉默和拒绝回答的权利。

On this day in 1966, the Supreme Court hands down its decision in Miranda v. Arizona, establishing the principle that all criminal suspects must be advised of their rights before interrogation. Now considered standard police procedure,“You have the right to remain silent. Anything you say can, and will, be used against you in court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you,” has been heard so many times in television and film dramas that it has become almost cliché.

The roots of the Miranda decision go back to March 2, 1963, when an 18-year-old Phoenix woman told police that she had been abducted, driven to the desert and raped. Detectives questioning her story gave her a polygraph test, but the results were inconclusive. However, tracking the license plate number of a car that resembled that of her attacker’s brought police to Ernesto Miranda, who had a prior record as a peeping tom. Although the victim did not identify Miranda in a line-up, he was brought into police custody and interrogated. What happened next is disputed, but officers left the interrogation with a confession that Miranda later recanted, unaware that he didn’t have to say anything at all.

The confession was extremely brief and differed in certain respects from the victim’s account of the crime. However, Miranda’s appointed defense attorney (who was paid a grand total of $100) didn’t call any witnesses at the ensuing trial, and Miranda was convicted. While Miranda was in Arizona state prison, the American Civil Liberties Union took up his appeal, claiming that the confession was false and coerced.

The Supreme Court overturned his conviction, but Miranda was retried and convicted in October 1966 anyway, despite the relative lack of evidence against him. Remaining in prison until 1972, Ernesto Miranda was later stabbed to death in the men’s room of a bar after a poker game in January 1976.

As a result of the case against Miranda, each and every person must now be informed of his or her rights when arrested.

TAG: Miranda Warning   Supreme Court

背景延伸(Miranda Warning的具体内容):

Miranda Warnings(米兰达警告)

You have the right to remain silent and refuse to answer questions.

Anything you do say may be used against you in a court of law.

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

是不是感觉回到了美国警匪电影的场景了呢?