TOEFL - Speaking Question 6 |
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Directions: For this task, you will hear a short academic talk. You will
hear a question about it. You will then have 20 seconds to prepare your
response and 60 seconds to speak.
<<<<<<<<<<<<<<<<<< Question
Narrator:
Listen to part of a talk in an American Government class.
Professor:
In 1966, the United States Supreme Court handed down a landmark decision that
affirmed the constitutional rights guaranteed under the fifth amendment of the
Bill of Rights. That case was Miranda v. Arizona. Who remembers what the
fifth amendment is? The fifth amendment protects somebody suspected of a crime
from incriminating themselves. So if you commit a crime and you don’t have a
lawyer with you, you don’t have to talk to police or answer their questions if
you don’t want to. And the government must give you a lawyer if you can’t afford
one. Miranda v. Arizona involves the case of a man, Miranda, who was
arrested for kidnapping and rape. After police arrested him, he made a
confession of his guilt without being informed of his constitutional rights.
When he went to trial, the only evidence the government’s lawyer gave was
Miranda’s confession of guilt. Miranda was convicted and sentenced to jail, but
he appealed to the Supreme Court. The Supreme Court later overturned the
decision of the court and Miranda was freed from jail, but then he was
immediately arrested again for a new trial. Under the new trial, the prosecutor
used witnesses to convict Miranda, who then served his due time in jail. After
that trial in 1966, the Supreme Court mandated that each suspect must be read
their Miranda rights before evidence may be obtained from them. The Miranda
rights state:
“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.”
Narrator:
Now get ready to answer the question.
<<<<<<<<<<<<<<<<<< Answer
The Miranda Rights are…special rights given to Americans by their government. Umm…the Miranda Rights say that you don’t have to talk to the police or answer their questions if they arrest you. They say that you have the right to have a lawyer with you, to help you, when the cops ask you questions. The rights also say that if you don’t have enough money to pay for a lawyer…that…the government will give you one. In the case Miranda v. Arizona, a man was accused of a crime and when the cops arrested him, he told the cops everything he did. But, the police did not tell him about his rights and that he could have an attorney. Miranda didn’t know about all this, so the Supreme Court now forces police officers to tell all suspects about their rights.