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YUKI WISHED ALL of her witnesses were as good as Rich Conklin. He was solid. He was believable. Made you think of a young military officer, a mother’s good son. It didn’t hurt that he was also good to look at. In answer to her questions, Conklin affably told the jury that he’d been with the SFPD for five years and that he’d been in the homicide division for the last two.
“Did you interview the defendant1 on the night of April nineteenth?” Yuki asked Conklin.
“Sergeant2 Boxer3 and I talked with Ms. Moon together.”
“Did you have any preconceived notions about her guilt4 or innocence5 before you talked to her?”
“No, ma’am.”
“Did you read Ms. Moon her Miranda rights?”
“Yes, I did.”
“As I understand it, Ms. Moon wasn’t in custody6 when you Mirandized her, so why did you warn her that anything she said could be used against her?”
“It was a gamble,” Conklin told Yuki.
“When you say it was a gamble, could you explain what you mean to the jury?”
Conklin brushed his forelock of brown hair away from his eyes. “Sure. Suppose I say to a suspect, ‘I want to interview you. Can you come down to the station?’
“And the suspect comes in of his or her own volition7. That person doesn’t have to answer our questions and can leave at any time. I don’t have to Mirandize that person when we sit down to talk because they’re not in custody.”
Conklin sat back comfortably in his seat and continued, “But, see, if that subject then starts to get wary8, he or she could ask for a lawyer, who would end the interview. Or that subject could simply leave. And we’d have to let her go because that person is not under arrest.”
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1
defendant
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| n.被告;adj.处于被告地位的 | |
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2
sergeant
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| n.警官,中士 | |
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boxer
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| n.制箱者,拳击手 | |
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4
guilt
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| n.犯罪;内疚;过失,罪责 | |
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innocence
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| n.无罪;天真;无害 | |
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custody
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| n.监护,照看,羁押,拘留 | |
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7
volition
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| n.意志;决意 | |
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8
wary
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| adj.谨慎的,机警的,小心的 | |
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9
inspector
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| n.检查员,监察员,视察员 | |
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disappearance
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| n.消失,消散,失踪 | |
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demeanor
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| n.行为;风度 | |
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