Text 1. The Exclusionary Rule

I. Read and translate the text.

If a police officer wants to search a person or place, he must have a search warrant.

The warrant is given by a judge or magistrate. The police officer must prove that a search is necessary. If he breaks warrant rules, his evidence may be excluded from trial. This is called the exclusionary rule. The aim of the exclusionary rule is to protect the suspect from unreasonable searches.

II. Questions to be answered.

1. What document is needed to search a person or place?

2. Who is the warrant given by?

3. What is the essence of the exclusionary rule?

4. Whose interests does the exclusionary rule protect?

Text 2. The Right against Self-Incrimination

I. Read and translate the text.

The US Constitution provides for the right against self-incrimination. Under this right, it is not obligatory for a person to give evidence or make a confession. The investigator has no right to make the defendant witness against himself or members of his family. The defendant may be silent, and his silence should not be considered as a proof of his guilt. So, there is no cause for investigators to use force.

This right protects the interests of the defendant. But if the defendant abuses the right, he may be fined or sent to jail.

II. Questions to be answered.

1. What is the essence of the right against self-incrimination?

2. Does the accused have to give evidence or make a confession under the right against self-incrimination?

3. What does the right against self-incrimination guarantee?

4. Whose interests does the right against self-incrimination protect?

5. What may happen to the defendant if he abuses the right?


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