10-Criminal law.ppt

Miranda Warning You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you at government expense. Do you understand these rights? Right to be silent may be granted (China Daily) Updated: 2007-05-18 07:00  You have the right to remain silent. Anything you say can and will be used against you in a court of law... These words, familiar to many from Hollywood movies or cops-and-robbers TV shows, could be uttered by Chinese police if an amendment to the Criminal Procedure Law, scheduled for October, is approved. A draft amendment the All- China Lawyers Association (ACLA) submitted last month to the Standing Committee of the National Peoples Congress (NPC), the top legislature, included both stipulations. The existing Criminal Procedure Law, amended in 1997, requires suspects to truthfully answer investigators questions during interrogations. It also stipulates that lawyers are allowed in the case only after the first interrogation. These stipulations are believed to be at the root of forced confessions. An inspection by the NPC Standing Committee in 2000 showed that forced confessions did exist in the country. Some police officers even take turns to question the suspect, and an interrogation could last for days, Chen Ruihua said. It is believed that such changes will help prevent forced confessions and facilitate lawyers increased participation in criminal defense. Miranda vs. Arizona Opinions Warren, C.J., opinion of the Court The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. More specifically, we deal with the admissibility of statements obtained from an individual who is subjected to custodial police interrog