“米兰达规则”的中国命运之检视

"米兰达规则"源于美国"米兰达诉亚利桑那州案",对美国的执法、司法影响很大;本文对其进行详细的利弊分析,并从程序文化传统、证据制度、高成本、司法实践等方面分析了其在中国可行性不强,当前我国可以借鉴其精神,规定"有限度的沉默权",但全盘引进该规则,笔者认为为时尚早。     

“米兰达规则”的中国命运之检视

”米兰达规则”源于美国“米兰达诉亚利桑那州案”，对美国的执法、司法影响很大；本文对其进行详细的利弊分析，并从程序文化传统、证据制度、高成本、司法实践等方面分析了其在中国可行性不强，当前我国可以借鉴其精神，规定“有限度的沉默权”，但全盘引进该规则，笔者认为为时尚早。     

以“米兰达案”解读沉默权制度

正美国联邦最高法院1966年审理的米兰达诉亚利桑那州(Miranda v.Arizona)案件,形成了著名的"米兰达规则",推动了沉默权制度进一步发展。一、"米兰达案"(Miranda v.Arizona)基本案情[1]1963年3月2日,墨西哥裔美籍亚利桑那州青年米兰达(Ernesto Miranda)强行将一名下班回家的18岁女孩劫持上车,并带到郊区强奸。警察依据报案线索找到车主霍夫曼,了解到与霍夫曼同住的米兰达曾有强     

从米兰达规则中反思沉默权

米兰达规则是美国警察讯问嫌疑人时的一项重要程序规则,也是美国宪法第五修正案"反对强迫自我归罪特权"的延伸适用。米兰达规则的产生对美国司法审判的意义之重大,毋庸置疑。本文通过对米兰达规则的产生,内容,依据,意义等方面的论述,反思该规则与沉默权的关系。     

米兰达规则:质疑、蜕变与启示

米兰达诉亚利桑那案确立了著名的米兰达规则受到赞同也有质疑,其内容也随美国社会的发展不断蜕变.本文分析了米兰达规则受到的质疑、蜕变及其原因,并从中发现中国法制建设应当吸取的经验和教训.     

美国证据排除规则

昨天,我和你们讨论了美国宪法性裁判的某些方面,我特别强调了困扰宪法解释的某些难题。我这样做的目的,部分是为今天有关美国排除规则的讲座做一些铺垫。当其他国家的人提及＂美国排除规则＂（请注意,我说的是单数＂规则＂而非复数＂规则＂）时,他们一般是指,发源于美国最高法院诸如米兰达诉亚利桑那州案（1966年）和马普诉俄亥俄州案（1961年）裁定的著名排除规则。     

国家权力的限度即公民权利的保障 评米兰达审判

20世纪60年代．在各个律师协会的共同努力下，美国兴起了一场旨在为被告人提供法律援助的运动。在公民事务领域，根据美国总统约翰逊（Lyndon B.Johnson）构设的伟大社会计划，这场运动导致了法律服务公司的设立。米兰达案的判决在1964年的埃斯科贝杜诉伊利诺伊州案（Escobedo v．Illinois）中已有征兆，该案明确限定了在警察讯问犯罪嫌疑人时必须有律师在场。     

米兰达规则:沉默权和律师帮助权

可以说,不知道米兰达规则(Miranda Rule),就不知道美国的刑事司法制度。而米兰达规则又需从米兰达权利讲起。美国的米兰达权利(miranda rights)原本是一项美国刑事诉讼司法程序权利,后被上升为宪法层次所确认的正当程序中的当事人权利。米兰达权利是指在司法程序中,当事人享有两项权利:一是,当事人有保持沉默的权利,体现不得自证有罪原则;二是,当事人有获得律师帮助的权利。米兰达权利的确立,源于1966年在美国刑诉领域具有里程碑意义的“米兰达诉亚利桑那州案”(Miranda v.Arizona)。     

被载入美国史册的“米兰达警告”

50年前,美国公民米兰达诉亚利桑那州一案,永久改变了美国的一项司法制度。毁誉参半的米兰达案成为美国20世纪最重要的刑事裁决,并作为最高法院判决的里程碑而载入史册。"你有权保持沉默;否则,你所说的一切都可能作为指控你的不利证据。你有权请律师在你受审时到场。如果你雇不起律师,法庭将为你指派一位。"这段台词就是全世界家喻户晓、妇孺皆知的"米兰达警告"。     

纽约警务盘查概述

美国纽约警察局开展的警务盘查是指警察在街头即时拦停行人,进行盘问和拍身搜查,以查明其身份、是否携带武器或其他非法物品的警务活动,法律依据是美国《刑事诉讼法》140.50条款,以美国最高法院＂特里诉俄亥俄州案＂的判例为基础,所以在其他州,警务盘查亦称＂特里截停＂。     

Support forMiranda among police chiefs: A qualitative examination

The U.S. Supreme Court recently grappled with the question of whether it should overturn the landmark case of Miranda v. Arizona. Abolitionists argued the warnings handcuffed the police and allowed many criminals to go free. Proponents maintained Miranda protected offenders and engendered a certain level of professionalism among police officers. Before the Court decided to uphold Miranda, 95 police chiefs from the Commonwealth of Virginia were surveyed about their perceptions concerning Miranda. While one could categorize many chiefs as conformists who wished to keep the warnings, a significant proportion were innovators who advocated various changes. Reasons for these beliefs and their implications are discussed.     

You have the right to understand: The deleterious effect of stress on suspects' ability to comprehend Miranda

Miranda v. Arizona (384 U.S. 436, 1966) required that suspects be explicitly warned of the right to avoid self-incrimination and the right to legal representation. This research was designed to examine whether stress, induced via an accusation of wrong-doing, undermined or enhanced suspects' ability to comprehend their Miranda rights. Participants were randomly assigned to either be accused (n = 15) or not accused (n = 15) of having cheated on an experimental task in a two-cell between-subjects experimental design. Results supported the hypothesis that stress undermines suspects' ability to comprehend their Miranda rights. Participants who were accused of cheating exhibited significantly lower levels of Miranda comprehension than participants who were not accused of cheating. The theoretical processes responsible for these effects and the implications of the findings for police interrogation are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Police hiring and retention of sexual minorities in Georgia and Texas after Lawrence v. Texas

In this telephone interview study, hiring and retention policies and practices relevant to sexual minority officers among twenty selected police departments in Georgia and Texas were examined. The authors examined policies and practices in place before and after the U.S. Supreme Court's 2003 decision in Lawrence v. Texas, in which the Court struck down Texas' sodomy law on grounds that it violated due process and the right to privacy, in effect decriminalizing homosexual conduct throughout the nation. Conclusions and policy implications for law enforcement hiring practices in light of this landmark decision are discussed.     

Organizational factors that contribute to police deadly force liability

Police use of deadly force is a significant concern for municipal policymakers and law enforcement agencies. Following U.S. Supreme Court case law, police agencies and municipal entities may be held civilly liable under Section 1983 for force that is not objectively reasonable; for failure to train; and for policies, customs, and practices that cause constitutional injury. This article analyzes eighty-six cases from the U.S. District Courts and the U.S. Courts of Appeals on Section 1983 liability regarding police use of deadly force. The article focuses specifically on police firearm use in deadly force situations, highlighting how managerial disorganization and administrative breakdown impacts departmental decision making. Principles of management, such as division of labor, hierarchy of authority, span of control, unity of command, and communication are used to explain bad shootings that lead to potential police liability.     

THE SUPREME COURTS POST-MIRANDA RULINGS: Impact on Local Prosecutors

Beginning in 1971, the Burger Court issued a series of rulings which chipped away at the Miranda v. Arizona ruling. This article analyzes the impact of this series of rulings on prosecuting attorneys from countries with a population of 100,000 or more. The results indicate that prosecutors perceive that the Court has changed the degree with which police must comply with Miranda and that prosecutors approve of this, but that prosecutors are not more likely to prosecute in cases where police committed alleged violations than they had been before 1971. This seems due to the fact that prosecutors take their cues more from local courts, which reportedly requires strict compliance with Miranda, than from the Supreme Court.     

Collegial Influence and Judicial Voting Change: The Effect of Membership Change on U.S. Supreme Court Justices

Understanding the source of voting changes by appellate judges provides an important window into the factors that shape the votes of the judges more generally. We argue that membership changes, by altering the collegial context in which judges make their choices, affect the information environment, long-term collegial considerations, and short-term strategic calculations. As a result, membership change should lead to greater uncertainty and more frequent voting changes among continuing justices in the term following a replacement. We test this proposition by looking at vote change by justices of the U.S. Supreme Court in two separate analyses: justices' votes on search-and-seizure cases since Mapp v. Ohio (1961) and on the progeny of Miranda v. Arizona (1966) . Our results support the argument that the collegial context helps explain changes in voting choices. Our analysis suggests that collegial considerations are an important component of judges' behavior and merit further evaluation in a cross-national context.     

The supreme court and police practices: The unusually busy 2003–2004 term

The 2003–2004 term of the Supreme Court was the most important term of the Court for the law enforcement community in the last decade. The Court decided 11 cases dealing with issues concerning actions taken by police officers, the largest number of “police practices” cases decided by the Court in the last nine years. In addition, several of these cases are among the most important of the 49 police practices cases decided during this time period. The Court: 1) upheld the arrest of all the occupants of a car when drugs are found in it; 2) permitted police roadblocks seeking information from the public in certain circumstances; 3) refused to suppress physical evidence obtained from Miranda violations; 4) expanded the availability of warrantless car searches incident to arrest to include arrests of recent occupants of the car; and 5) upheld statutes requiring persons stopped on reasonable suspicion to identify themselves.     

The Roberts Court and Police Practices: The Impact of Chief Justice Roberts and Justice Alito in Police Practices Cases

In police practices cases, the Supreme Court decides issues that determine when the law enforcement interest in solving crimes must give way to the interest of individuals to be left alone by the government. The replacement of Chief Justice Rehnquist with John Roberts and Justice Sandra Day O’Connor with Samuel Alito has now been in place for more than four terms. The time is appropriate to assess the likely impact of these two new members of the Court on police practices cases. This article examines that question by analyzing both the police practices opinions written by Roberts and Alito while they served on U.S. Courts of Appeals and their opinions while on the Supreme Court through the 2008-09 term. The conclusion is that the previous pattern of the police prevailing in the vast majority of these cases is unlikely to change. In addition, there is some evidence to suggest that Chief Justice Roberts is aligning himself closely with Justice Scalia in these cases and may be setting the stage for a significant modification or even elimination of the exclusionary rule.     

Diversity in Policing

Abstract

Police and minority relations have received much interest among public and academic audiences, yet little is known about policing in Latino communities. As Latinos emerge as the largest minority group in the United States, researchers and police agencies are increasingly concerned with the experience of Latinos in the criminal justice system. One strategy for improving police and community relations is to enhance the diversity of law enforcement agencies. Therefore, the purpose of this study is to examine the ethnic composition of law enforcement agencies in major U.S. metropolitan areas between 1990 and 2000. Using data from the U.S. Census and the Law Enforcement Management and Administrative Statistics (LEMAS) survey, it appears that the growth in the U.S. Latino population has been met with an increase in the percentage of Latinos as sworn full-time police officers. Further, the degree of enhanced diversity varies by the ethnic composition of the community served. Implications of findings for improving relations between police and the Latino community are discussed.     

Law Enforcement and the Rights of the Accused: Are the Police Getting a Bad Rap?

Nationwide, law enforcement professionals have endured increasing scrutiny regarding their treatment of custodial suspects and their alleged abridgement of suspects’ Constitutional rights. At the same time, in the interests of community safety, many members of the public fully expect police officers to function efficiently in arresting and facilitating the prosecution of likely perpetrators. These perspectives reflect due-process and crime-control models respectively. Very little is known, however, about how law enforcement professionals actually view the rights of the accused when not acutely immersed in the cross-currents of public opinion. Using an anonymous survey, the current investigation addresses both Miranda rights as well as the European Union’s (EU) much more comprehensive approach to the rights of the accused. In general, this sample of 209 urban police officers favored protections of criminal suspects that went considerably beyond Miranda safeguards.