"You Don't Have to Answer": Lawyers' Contributions in Police Interrogations of Suspects

"You Don't Have to Answer": Lawyers' Contributions in Police Interrogations of Suspects
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“你不必回答”:律师在警方审讯嫌疑人时的贡献

DOI:
10.1080/08351813.2011.543877
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发表时间:
2011
影响因子:
2.7
通讯作者:
Edwards D
Edwards D
中科院分区:
人文科学1区
文献类型:
--
作者:
Edwards D

文献摘要

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我们考察了律师在警方讯问犯罪嫌疑人中的地位和作用,重点研究了律师贡献的序列组织,以确定律师贡献的类型。律师的贡献发生在四个主要环境中:(A)作为警察例行公事的转折点,由面谈各方进行自我认同;(B)在面谈结束之前,作为对警察例行邀请的回应,律师可以补充任何进一步的内容;(C)作为对嫌疑人在面谈期间寻求咨询的呼吁的回应;以及(D)作为在接洽对的第一和第二部分之间的自发干预(通常是警方的问题和嫌疑人的回答),或者作为对嫌疑人的被问及的澄清。我们还讨论了律师供稿的常规特征如何实例化律师在环境中的角色,包括有助于成功地反对一系列问题的特征。
We examine the location and function of lawyers' contributions in police interrogations of crime suspects, focusing on sequence organization to identify a typology of lawyers' contributions. Lawyers' contributions occurred in four main environments: (a) as compound turns built off police officers' routine elicitations of self-identification by all parties present at the interview; (b) as responses to police officers' routine invitations, prior to closing the interview, for lawyers to add anything further; (c) as responses to suspects' appeals for advice during the interview; and (d) as spontaneous interventions at junctures such as between first and second parts of an adjacency pair (typically, police questions and suspects' answers), or as interjected clarifications for the suspect, of what a police question may be implying. We also address how regular features of lawyers' contributions instantiate the lawyers' role in the setting, including features that make for success in objecting to a line of questioning.