Miranda warning source
Miranda complained that a girl in Arizona was kidnapped and raped by a man when she came home from work late at night in the Arizona case on March 3 1963. The police arrested the suspect Miranda on March 13, 2003. The victim girl identified Miranda as a criminal, and Miranda confessed to the criminal she owned and quickly pleaded guilty and signed it. The court took Miranda herself as the main evidence of the scheduled case. Miranda was convicted of kidnapping and rape, and was sentenced to 20 years and 30 years in prison respectively. Miranda was unable to hire a lawyer, and the court appointed a defense lawyer for him. The lawyer defended Milada's eloquence on the grounds that the police had no right to inform the suspect in advance, and Milada's confession could not be used as evidence to prove his guilt. The lawsuit lasted for three years, and the lawyer defended Milada's confession on the grounds that the police did not inform the suspect of his right to inform the suspect in advance. The lawsuit lasted for three years. In June of that year, the Federal Supreme Court overturned the Arizona federal court with a 5:4 advantage. This is also a development and rigor of national laws!
Miranda warning content:
Miranda warns you that you have the right to remain silent and refuse to answer questions. Anything you say will be used against you in a court of law. You have the right to consult a lawyer before talking to the police, and a lawyer will be present when you are questioned now or in the future. If you can't afford a lawyer, we will appoint one for you before the trial, if you like. If you decide to answer questions without a lawyer present now, you still have the right to stop answering at any time until you talk to a lawyer. Know and understand your rights that I explained to you. Would you like to answer my question without a lawyer present?
The Significance of Miranda Warning to American Constitution;
The "Milan" judgment is a constitutional judgment, and the legislation of the National Assembly has no power to be replaced. Congress can amend the rules of procedure and evidence in legislation, but it has no right to interpret and apply constitutional judgments except the interpretation of the Federal Supreme Court. "Rule of rules" lacks such a legitimate reason to overthrow.
Does Miranda Warning Apply to China?
1. Miranda warning does not apply to China. The core of Miranda's warning is silence, that is, the defendant has the right to remain silent; However, China's criminal law clearly stipulates that the defendant has the obligation to voluntarily explain the facts of the crime and cooperate with the judicial investigation, so Miranda warning cannot be applied in China. 2. China's criminal law also has the principle of excluding illegal evidence, but in practice, due to insufficient protection of the rights of criminal suspects, this principle often becomes a well-known text. The procedure in our country is illegal, so it is difficult to ask the suspect to testify himself. In foreign countries, the judiciary is required to prove that it has not violated the law, so the 24-hour interrogation of criminal suspects by the judiciary only needs to be recorded for a few hours. I can't say it in minutes. 3. Whether self-incrimination can be used as evidence is the so-called "confession".
Extended information "The Constitution requires me to inform you of the following rights: 1. You have the right to remain silent. Anything you say to any policeman may be used as evidence against you in court. 2. You have the right to entrust a lawyer, who (she) can accompany you all the way to the inquiry. If you can't afford a lawyer, a lawyer will be provided for you free of charge before all the inquiries, as long as you are willing. If you don't want to answer this question, you can terminate the conversation at any time. If you want to talk to your lawyer, you can stop answering questions at any time, and you can keep your lawyer with you all the time. "