-- Reading E. Warren "Chief Justice Warren memoir" E.
ChenWei *

Police officer Hunter puzzling

Read USA TV series "detective Hunter" the China viewers may feel strange, the officer Hunter is really not too tired to panic, each experienced numerous difficulties and dangers capture criminal suspects, not only account for a "frankly leniency to the suspect, who resist" such psychological policy, but not to mind taking the trouble to tell the suspect: "you have the right to remain silent, everything you say, may be used against you in a court of law. You have the right to have an attorney present during your trial. If you can't afford to hire a lawyer, one will be appointed for you at a court."
  Officer Hunter these words really puzzling, arrested the suspect had the right never said nothing, refused to answer police interrogation, the suspect not caught? in real life, if the officer Hunter felt so tired, not to suspect wordy this section of lines, then the suspects are likely to really catch is white.
Provisions of the fifth amendment to the constitution American: Whoever, nor shall be compelled in any criminal case to be a witness against himself. According to the constitution, no matter is in the police station, court or at a congressional hearing, everyone has the right to remain silent, refusing to provide may be used to accuse his evidence.
  Someone may ask, wrong? Since we have the right to remain silent, why miss Lewinsky and President Clinton have got? So it is, according to the American law, sometimes the government or parliament in exchange for a possible total for himself or other criminal crimes can guarantee truth, without his confession on his own prosecution. In Clinton "zip gate" case, in order to get the facts of a case, with Lewinsky's confession to sue Clinton, the special prosecutor gave Lewinsky the criminal immunity. In the face of Lewinsky's confession and skirts stain, Clinton adopts drilling legal horn and plays with the law NOUN game sun son, move out between him and Lewinsky only "improper relationship", not the strict legal definition of "sex", in order to escape serious legal consequences obstacle to a federal grand jury perjury card.
However, if the crime suspect's confession belongs solely to be a witness against himself, so this statement is not as crime evidence cited in court. In 1966, America Supreme Court of Miranda v. Arizona (Mi? - randa v.Arizona, 1966) has made a far-reaching impact on the ruling, the ruling has become one of the most important criminal adjudication America twentieth Century.
In 1963, a 23 year old unemployed youth, named Ernesto Miranda (Ernesto Miranda ), on suspicion of rape and kidnapping of women were arrested in Arizona, the officers were interrogated for him. Before the trial, the officer did not tell Miranda have the right to remain silent, the right against self incrimination. Miranda culture is not high, in this life will never heard of the world there are America fifth amendment to the constitution of such a thing. After two hours of interrogation, Miranda confessed crimes, and signed the confession. Later in the court, the prosecutor to jurors Miranda signed the confession, as an important evidence to accuse him of a crime. Miranda's lawyers insist, Miranda's confession is forced to testify against himself, according to the constitution, this statement is not valid. But the court judge, Miranda's confession is evidence of the crime legal. Finally, the jury found Miranda guilty, the judge sentenced Miranda to 20 years in prison.
The Miranda case was appealed to the Supreme Court America. In 1966, the Supreme Court of 5 ∶ 4 vote difference ruling magistrates court is invalid. The Supreme Court is the reason, police in the interrogation, not previously told Miranda constitutional rights. The Supreme Court reaffirmed the interrogation of suspects to the police in the award rules: first, to tell the suspect has the right to remain silent. Second, to tell the suspect, they may be used to prosecute and judge them. Third, tell the suspect has the right to have an attorney present during questioning. Fourth, tell the suspect, if can not afford to hire a lawyer, the court will be free to appoint a lawyer. These Provisions came to be known as the "Miranda rule" (Miranda Warnings). Officer Hunter in the TV series that puzzling lines, is derived from this rule.
 
Free law and prison uncle

"Miranda warned that" the first three and the Miranda case is directly related to, "Miranda warned of" of the fourth, that if he can not afford a lawyer, the court should be free of charge to the provisions of the designated lawyer, petitioned the Supreme Court and a man named Gideon prisoners in prison, famous for his complain loudly about an alleged injustice case the (Gideon v. Wainwright, 1963) has a direct relationship.
In 1961, a middle-aged man, named Clarence Gideon (Clarence E.Gideon), for allegedly broke into a billiard room theft arrested in Florida, controlled from the vending machine stealing some coins and canned drinks. Gideon on one's uppers, simply can not afford to hire a lawyer, although he maintains his innocence, the result was sentenced to 5 years in prison. During the period of Gideon in prison, the prison library, studying law, and wrote a "destitute complaint to Supreme Court justice USA". Gideon said, the provisions America sixth amendment to the constitution, the defendant has the right to hire a lawyer, but they are due to poverty by the local court deprived please lawyers to defend the constitutional rights, the court's decision is not fair.
In 1963, the Supreme Court of appeals of Gideon. After the hearings and debates, the Supreme Court of nine justices agreed to Gideon's appeal. A Supreme Court ruling that, "in the criminal court, the lawyer is essential and non luxury". The court should be charged with a felony poor defendants to provide free lawyer. Gideon was released from prison, re trial, this time by a court appointed lawyer for the free, the verdict was acquitted. In the case of a prison across the country, there are thousands of prisoners, because when the court likewise no lawyers to defend them, then get the court review the opportunity, the ultimate decision of the majority of the cases was acquitted of complex.
Speaking of prisoners in prison, not to mention another true "case", will the real name of the parties to the hidden. A mainland scholar in the United States, a few years ago into the American nationality. This man suffer a big in a lawsuit, was sentenced to a fine of $five hundred or five days in prison punishment, two choose one. This is the kind of money special pull advocate, and heard USA prison inmates to serve as uncle like, then choose to the prison squat for five days. five days, released from the prison, a few friends to. When we meet, I saw this guy looks haggard, have a pale, anemic complexion, all people be frightened and change color, we Is it right? In prison by what abuse, don't be afraid to say, I go to the court. The man answered, prison treatment not to imagine that well, but also make, can read a book, watch TV, a gym, and even a table tennis table. Is a headache for three meals are Western-style food, fried steak, cheese, smoked fish, Italy sausage, ham sandwiches, pizza, one not careful thought is put into the Beijing restaurant Maksim. Eat Western-style food this work, really suffer unspeakably. The first day for second days straight anxious, uncomfortable, third days fourth days thief afflictive, pain, fifth days last meal, dude just a hunger strike. The inmates asked: are going out, why not to eat or drink? After that the reason, the inmates of bad smile said: you're a fool (Dummy ), before you, here also turn off an Asian, the boy also not used to eating Western-style food, the first meal is make a hunger strike. Then the prison every day from Chinese restaurant gave him lunch, what Kung Pao Chicken, Yu-Shiang Shredded Pork, doing not like. The inmates finally scolded 1: "fuck, that taste really fucking delicious (It 's fucking delicious)!" Friends listened, smiled almost Chaqi son.
 
The judge Is it right?

Uproarious over, people can not help sigh, American prison and legal system was a mockery. American law gives the impression of being, human rights of criminals, as more important than the victim's rights; protection of the bad guys, like more than to protect a good guy will be a high priority for the police; the sacred rules of the religious order, if more than the laws against criminals. Those non confusion counsel, a legal loopholes; plus the controversial jury system, the America judicial system often become the laughing stock of the world.
Since 60's of the twentieth Century, with the American violent crime problem is increasingly serious, the vast majority of Americans want the government to take extraordinary measures, severeness and speed down violent crime. Can America Supreme Court seemed to pay no heed, turn a deaf ear to, not only to public opinion, but act in a diametrically opposite way. Treat the crime suspect, it is "love you to did not discuss". In 1961, the Supreme Court in the Maipu v. Ohio (Mapp v. Ohio, 1961) ruled that the case, the police searched illegally obtained evidence in court trial null and void. In 1972, the Supreme Court in Ajay Singh v. Hamline (Argersinger v. Hamlin , 1972) in the case of the court ruling, should be charged with misdemeanor offenses only poor defendants to provide free lawyer. People cannot help making thought, justices of the Supreme Court in the Is it right? Has something wrong?
You are right, there are a few liberal justices of the Supreme Court America is wrong, but a disease. in USA history and culture deep, deep distrust of the government as well as the extreme of police and judges abuse of power. Familiar with the history of the people know, American forefathers in continental Europe by feudal persecution, away from home to the new world, again also cannot stand on in people's heads and autocratic government run amuck, play guy with the king's troops fight. USA world, is the founding president George Washington out with the barrel of a gun. But American's long period of stability, is the third president Thomas Gefferson and the fourth president James Madison with the head and thought out. When Thomas Gefferson presided over the drafting of far-reaching "Declaration of independence", James Madison is known as the "father of the constitution American".
What is the Constitution? With the sentence soil Diaozha infants words explained, the constitution is the law. Why should the government? Because the government official and the police have the right to. While the power corrupts, and absolute power corrupts absolutely. Come on, because the holding power, so the government official and police are probably all is the bad guy and corruption molecular potential, potential "organized criminal group". Therefore, the law should be in charge of, first of all should be in the government officials and police, followed by criminals in society. The strengthening of the rule of law, the first is to constraint from the system and the limited government official and the power of the police.
Human history has proved, government officials and the police do a bad thing ability, definitely better than the criminal society much. Nazi Germany did not expend what over the massacre of six million Jews; Chinese from five seven years of anti right deviation to the Cultural Revolution ten years of turmoil, into a cause, false, misjudged case and political persecution of the people, a little more than $one hundred million, social progress and economic development have also suffered unprecedented terrible destruction.
Think that year, in order to solve the problem from system, in 1787 through American constitution basic principle of government of many constraints, such as natural rights, limited government, sovereignty of the people, the separation of the three powers and checks and balances, the rule of law and not of men, the official Army etc.. However, from the operational point of view, these principles are empty. For example, if do not have freedom of speech, freedom of the press and news supervision, separation of the three powers and checks and balances in fact remains difficult to prevent Officials one another., the power of corruption. Natural rights, limited government, constitutional principles can Kan it as if it were raining flowers, tends to spit, but, if the ruling party's ambitious and corrupt officials abuse their power, and the police, prosecutors and judges tacit collusion, fabricated charges to head the opposition and accused the official mansion of people into the dungeon, torture a confession by torture, secret trials, cruel persecution, you are a little unless it is. In a word, if there is no effective protection of citizens' freedom and rights, the constitution of high-profile and word, is full of white tear.
The founding fathers of the constitution America faults in the mirror of the heart. In 1791, the founding fathers increased by the ten amendment to the constitution USA breath, safeguard the citizen's speech, press, assembly and petition, religious freedom, allowing people to have weapons, provisions shall not force anyone to testify against himself, not for the same crime went on trial for a two time, not in accordance with the due process of law, no person shall be deprived of life, liberty or property, the defendant enjoys rapidly, openness, justice and get a lawyer to defend the rights of criminal cases, civil litigation and the value of more than a certain amount of trial by jury, shall not be unreasonable search and seizure of citizens, not to impose harsh punishment. The first ten amendments America constitution, collectively known as the bill of rights.
 
Separation of five powers and modern democracy

 The core of the bill of rights, is based on the power balance of power, restricting power with power, with the play the gangster and judicial corruption method to guarantee citizens freedom of speech, press freedom and guarantee citizens from the government, the gradual establishment of news supervision power and civil rights, balance and restrain government power, the formation of legislation, law enforcement, judicial, the news supervision and civil rights of the separation of five powers and checks and balances. The balance of power structure in the elaborate design, effectively inhibited the ills of the abuse of government power. Of course, American constitutional protection only white and wealthy people's human rights at the time, but no matter how, after all it is a part of the people first, democracy, the American society gradually embarked on the road of modern democracy.
What is modern democracy? Modern democracy is limiting the government power and the protection of civil liberties and human rights. If there is no limited government and safeguard human rights, democratic election is only nominal. Nazi Germany was founded by referendum, democratically elected regime, but its government is autocratic, unlimited power to oppress the weak, and trample the citizen's human rights in the fascist government, that democracy is a sham democracy under the cover of the ballot box, or an election tyranny.
In the process of democratization in China today, to earnestly engage in the construction of rule of law, and being too keen to direct election of towns and County Elections, as in the restriction and supervision of government agencies at all levels play the gangster's privilege, rural and urban majority of poor people legitimate rights, a genuine. In the power of local governments wield absolute power to farmers and extort excessive taxes and levies on account, is actually illegal deprivation of peasant property rights. In the city of economic reform, due to the lack of political reform, the central government decentralization reform measures, is actually the almost unrestricted and supervision of the power, open the son to the local princes, corrupt officials and business owners, once the absolute power in the hand, do not want to engage in corruption is difficult. The common people as the biggest victim of corruption and the most determined opponents, in the slaughter, no place to place basically. To tell the truth, Chinese people as a whole, the right to subsistence is not a thing. And the protection of citizens the right to safeguard the authority of the government, the power of government officials to be effective supervision and restriction of power, to prevent the abuse of power, in a few hands play the gangster, increasingly serious take bribes and bend the law and judicial corruption containment, has become the biggest challenge facing China society.
In Chinese national and personal values, as long as the prosperity of the country, social stability, give up personal freedom and rights should be. In the Americans, only constraints and to limit the power of the government, to fully guarantee the freedom and rights of citizens, to go on the road of national long period of stability. In western countries, such as American not only the rights of ordinary citizens, and the rights of the defendant also expressly enshrined in the constitution, the president, Congress and the government officials always trembling with fear to stand in the dock, suffering from the news media and the public accusations and criticism, perhaps only this one. Government officials to find fault persecute those who accuse the government of news media and the common people, it's almost impossible. Characteristics of modern USA society is weak, official power, civil rights, the news media is super. The power of government officials is very limited, the common people's many freedoms and rights, the news media do blind pipe, the police power is strictly limited by the various laws and regulations.
 
Limit the police power is by no means accidental
 
Strictly limit the power of police is not accidental. Before American Supreme Court Chief Justice Il Warren (Earl Warren, a term of 1953 - 1969) after retirement comes in writing his memoirs, was determined to make the suspect the right of silence, the ruling, because the police in law enforcement, defy laws human and divine, abuse of power has become a habit. Some law enforcement officials to solve in time, desire, do not pay attention to gather evidence in the criminal investigation and identification of scientific means, the suspect threats, beatings, torture to extract confessions insult, fatigue trial over long periods of time and mental torture, use unscrupulous divisive tactics on the conviction to obtain confessions. The Supreme Court every year, received a lot of torture to extract confessions and confess to false charges under torture case of appeal. Justice Warren said, "Miranda warned" implementation is have no alternative against one's will, only strictly limit the powers of the police, can completely eliminate serious illegal police conduct is banned repeatedly not to change.
Another important factor is USA, law enforcement and judicial system relates to the police, prosecutors, lawyers, judges, witnesses, the jury, the police are believed to be the worst quality supervision, the most difficult, most likely to break and play the gangster. In any country, the police and the corrupt officials and underworld always have all kinds of connections with contact, has always been a cop. Any large-scale smuggling and drug trafficking, money laundering and bribery, take bribes and bend the law and lethal robbing, always little not the police or military background. The police inside the dark and crime, is usually higher than the social crime more serious, causing the social order and justice destroys much. In addition, USA is two hundred million people's two hundred million gun, the daily work of the police is fraught with danger. Police and criminal dealings with all day long, violent riot, with black on black, Evil got, evil spent. force, abuse, torture to extract confessions and to solve a crime, desire and ignore the law program of emotional and irrational behavior, want to change is difficult. So, although regulations forbidding, but America police law, the abuse of power is still very serious.
However, the judicial system should be rational and authoritative. In order to safeguard the authority of the law and justice, to prevent the police abuse of power, USA judicial system pays more attention to the government, the police strictly, to overcome evil, justice in return for injustice, the presumption of innocence, the protection of human rights. America judicial procedure first Strictly Standardizing police and prosecutors behavior, case investigation, collect evidence, detain suspects, must strictly follow the proper legal procedures. If the police there are loopholes in the legal procedure, once in the courtroom lawyer drilled loopholes, it can only be looked at the suspect in a solid case from the court relaxed walk off, let beside each other to watch people feel very painful.
 
The lesser of two evils

According to the American law, even if ultimately convicted and sentenced to, their diet, sleep, communication, entertainment and other rights are protected, delicious good drink to keep in prison. Some people have three accounts, first, in the 1998 fiscal year, the poverty line is America to four annual income of less than $16600 for a family set. According to statistics America Census Bureau, the total population of America accounted for around 12% of Americans living below the poverty line. Second, if not the welfare and medical insurance, graduated from West Point, U.S. Lieutenant officer salary of $35000. Third, if you count the security guard, medical insurance and the gym benefits, America prison every prisoner every year to make America taxpayers spend $30000.
Here there is a problem, American law as the protection of civil liberties and human rights, but in the judicial practice, but just to protect the bad freedom and human rights, damage the good freedom and human rights, at least is the damage to the good survival. This problem, I am afraid it is difficult to say in two words or three.
First of all, if we allow the government and police Zhifafanfa, ignoring the due process of law and system, then the person's freedom and human rights will be more damage. Legal loopholes in the court of the phenomenon is not terrible, because it is the premise of legal recognition, legal challenges in the framework of judicial procedure. But the really terrible is the law, Zhifafanfa, power generation and defy laws human and divine. Laws and regulations of the holes can be remedied by due process of law, and the law, Zhifafanfa cut a opening, want to block are very difficult to block, will eventually burst the dam of democracy and the rule of law.
Secondly, should be equality before the law. The law should not only with the common people with the crime, and the prince and the people in the court and prison should also be the same treatment. In theory, every citizen has become the likelihood between good and bad, boundary is not clear demarcation line between the good, also because of violation of law or maligned and become criminals and villains. So, protecting the human rights of criminals is the protection of basic rights of every citizen. In fact, if you don't protect criminals and bad human rights, then the good is also very difficult to obtain the protection of human rights. The chaos of the cultural revolution period, heads of state, government minister, marshal general, the Academic Dean overnight into the loss of all the rights of the gangs and evil, only like shit trampled. Therefore, in order to make the heads of state, government ministers and the kind of people from the endless persecution, the law should protect all the people's freedom and human rights.
Thirdly, the limitation on the law enforcement power "Miranda warning" such regulations, indeed in some extent influence the efficiency of law enforcement agencies handling the case, the protection of a number of bad right, make some real criminals took the opportunity to escape the net of justice. However, if from a broader perspective, the legal protection of the rights of the accused, restriction of law enforcement power, to prevent government officials Zhifafanfa, arbitrary abuse of privilege, persecuted and oppressed people, is the best protection for freedom and human rights. America before the Supreme Court justice Holmes (Oliver Wendell Holmes, Jr., term of 1902 - 1932) has a famous saying: "criminals to escape justice and the illegal acts of the government is much smaller than the sin. "
Finally, be the pink of perfection, reach the acme of perfection of the legal system does not exist in the world. As the market economy is not easy, cure and no side effects of a ready-made panacea, democracy and the rule of law and the protection of human rights is not the human society to an earthly paradise of the broad road, it is to prevent the human society into the dictatorship and corruption of the protection of a hell on earth dam. Democracy and the rule of law can not guarantee all the best, it can only prevent the worst of the worst. To paraphrase Churchill, representative democracy is only human society that terrible regime not too bad a just, it is the lesser of two evils.
 
There is no free lunch

There is no free lunch. Democracy and the rule of law, protection of human rights to play this one, is a major social cost. In American judicial system, to the suspect and defense lawyers one party rule innumerable, felony qingpan become homely food. Although few miscarriages of justice, but it does a lot of a fish escaped through the seine. American population accounts for only 5% of the world's population, but the lawyer in world 75% in USA, non production costs are staggering. Before American Supreme Court Chief Justice Warren Berg (Warren E. Burger, a term of 1969 - 1986) warned: "our society may be suffering from lawyers and judges, gathering in crowds and groups such as the hungry locusts domination number, never heard it before them." In addition, the legal procedure USA is extremely complicated, prosecution and defense is expensive, so the common people overwhelmed. The government of California to O.J. Simpson's "dream team" ", a year down to about eight million dollars, and finally failed to Simpson good, silver all dashuipiao.
Law enforcement America also not easy, he said the implementation of "Miranda warning", once arrested suspects, all like a blockhead like never said nothing, has caused great difficulties to the police solve the case, the police Voices of discontent. Across the country, but not to do it. Some police head is not enough to capture the suspect, act with confusion, anyway also not all "Miranda warned of" full text, next to no cueing people, had to sigh, blackguarded the Supreme Court justices are all sat talking about not too easy. The police then simply to the "Miranda rule" printed cards to every officer, in the arrest suspects, according to this reading it again cross. According to America judicial department statistics, the "Miranda rule" promulgated, America criminal crime detection rate of around 60% in general, the "Miranda rule" after the introduction of several decades, the detection rate has fallen to around 40%. But it is worth noting that, due to the police torture to extract confessions, confess to false charges under torture case, false, the incidence of wrong down to zero.
Many people think that person, "Miranda warned" is in fact to the police handcuffed, safeguard the crime suspect human rights, but serious damage to the victims and law-abiding citizens rights, if things go on like this, America society will likely difficult to curb crime wave. American Congress has held hearings, listen to the police, the legal authority and the public voice, high up on the "Miranda warned against". In accordance with the separation of the three powers, checks and balances principle, American Congress and the States together, can be a constitutional amendment to overthrow the USA Supreme Court decision. America Senator Sam Erwin (Sam Ervin Jr.) was proposed, adding a new amendment to the constitution, the Supreme Court overturned thoroughly absurd ruling on Miranda v. arizona. The bill because he didn't get the house and the Senate three two-thirds majority support. According to the American law, even if the house and Senate, approval to still need more than 3/4 state legislatures in force.
Every dog has its day! Since the ninety's, along with the America continued strong economic growth, American crime rate from the beginning of 1993, seven consecutive years of dramatic decline. Social security has been very bad New York City, malignant crime rate in 1997 than a year ago miraculously fall 54%. Although the suspect hit may also ask not, a lawyer free serve, but rush into danger, who defy the law less. It is generally attributed to these sustained economic growth, the unemployment rate decreased, the social welfare system improvement, police, prison, enhanced increase for repeat offenders punishment aggravation, relationship and protect human rights "suspect Miranda warned" not a tiny bit of.
By the Americans to say, the first amendment to the Constitution guarantees freedom of speech. You have every right to say that there is no a tiny bit of the relationship; you certainly have the right to say maybe a little; you absolutely have the right to remain silent.

 (Earl Warren, The Memoirs of Chief Justice Earl Warren, New York: Madison Books, 2001)

From "reading" in 2000 seventh