询问笔录,又称“询问证人笔录”,是司法人员在刑事诉讼活动中,就询问证人、被害人的过程及内容所作的文字记录。询问笔录可以作为证据使用。法律规定,询问证人、被害人应当制作笔录。
“笔录”一词在法律英语中常用“transcript”一词来表达,“transcript(A transcript of a conversation or speech is a written text of it, based on a recording or notes. )”有如下意思:
(1)抄本;誊本;副本
(2)庭审记录,由法庭记录员对庭审或听审过程所作的正式记录,也称「report of proceedings」。
(3)证言笔录
而“询问”特别是“刑事询问”则多用“interrogation”表示:
interrogation(刑事)讯问。通常指警察通过向被逮捕的或被怀疑有犯罪行为的嫌疑人提问来查明其是否真正犯有罪行的程序。在英国,讯问一般按法官规则〔Judges' Rules〕进行。警察决定指控某人时,应在讯问或进一步讯问之前告知其有保持沉默的权利,如果犯罪嫌疑人回答,其陈述将被记录下来,并可能在庭审时作为证据提出。犯罪嫌疑人可以自愿作出回答,但不得强制其回答。其自愿陈述可作为证据被采纳。在美国,最高法院确立了一系列规则以规范对犯罪嫌疑人的讯问,如米兰达规则〔Miranda Rule〕。若警察在讯问前没有告知被讯问人其所享有的权利(如保持沉默的权利、延请律师的权利等),那么通过讯问所获得的陈述不能作为证据被采纳。
因此,“询问笔录”一词可以用transcript of interrogation来表示。当然,在对其进行百度搜索时百度百科上所提供的“record of question”也是可以的,只不过相较而言,前者更为准确,如以下某一报道中即使用的前者:
(WARNING: GRAPHIC LANGUAGE) Transcript of Markeith Loyd interrogation
TAPED TRANSCRIPT OF MARKEITH LOYD
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CASE NUMBER 16-112931
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DATED CONDUCTED JANUARY 17, 2017 4
DATED TRANSCRIBED JANURY 18, 2017
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DG - DETECTIVE DANNY GARCIA-PAGAN (OCSO)
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DC - DETECTIVE PETE CADIZ (OPD)
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ML - MARKEITH LOYD
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9
January 17th, 2017, the time is 1954 hours. We're in CID interview room number
10
5.
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DC: Markeith, give me your name and date of birth again.
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ML: I am (Inaudible).. 10/8/75. What..
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DC: Okay, Markeith, listen up real quick. Right now you're under arrest okay. You
14 have the right to be silent. You understand that?
15
ML: Uh-huh. (Affirmative)
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DC: Anything you say may be used against you in court. You understand that? 17
ML: Uh-huh. (Affirmative)
18
DC: Can you speak up a little bit?
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ML: Yes sir.
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DC: You have the right to talk to a lawyer before and during questioning. You
21 understand that?
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ML: Um, yes sir.
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DC: If you can't afford a lawyer and want one, one will be provided for you before
24 questioning without cost. You understand that?
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1 ML: Yes sir.
2DC: Anyone threaten you or promise you anything right now to get you to talk to us?
3ML: No sir.
4 DC: Okay. Ah, also in the room..
5DG: Is, this is Detective Danny Garcia-Pagan with the Orange County Sheriffs Office
6Homicide Unit.
7DC: Okay. Markeith, you know, you know why you're here tonight, right?
8ML: Yeah.
9DC: Okay. Can you tell us why you think you're here tonight?
10ML: (No verbal response)
I lDC: You obviously been hiding for, for quite a while. You been running from place to 12place. Ah, you're in custody tonight for an obviously a pretty serious offense.
13Can you tell us why you're, why you're in custody tonight?
14ML: Hmm, what I'm in custody for.
15DC: You're in custody for homicide okay, alright. Can you tell, can you tell us where
16you all day today?
17ML: What homicide?
18DC: We'll talk about that in a second. Can you tell us where you, where you been
19today? Were you at the house all day today?
20ML: No, I don't know.
21DC: You don't know? 22ML: (No verbal response) 23DC: This..
24ML: I'm fucked up right now.
25DG: Markeith..
1Okay Markeith, just talk to us. Sit up, sit up a little bit you're not that fucked up
2you can talk.
3I am fucked up.
4Okay. Sit up and talk to us a little bit. This is in reference to a homicide for.. that 5occurred about a week ago. And you know the one we're talking about. You 6been running for a reason. You been all over the news. You're, you're well
7aware of what, why we been looking for you.
8You know why 'cause the news make, 'cause y'all making up stories.
9Tell us what story we're making up and tell us why..
10Well...
I l... it shouldn't be believed.
12 . I just came to the house start shooting Sade, which that's.. that's a complete
13 lie.
14You just what?
15Was, that's a complete lie.
16What is?
17That I just came to the house and shot Sade, that's a complete lie.
18 Okay well..
19Okay..
20...those are the things that we want.. Listen to me man. It's been a long, long
21frigging month. We been running around doing a lot different things. Understand 22that I'm here just as tired as you are man. You know what I'm saying, I been
23racking my brains man. You been doing pretty good for a month. You got me for
24a month. We're right here sitting down. Dude we gonna go on a clarify some
25things. If I'm wrong about something, I'll be the first one to admit that I'm wrong.
( les
1But it's up to you to clarify what's been going on. Sit up man, I'm trying to give
2you some respect man. See in the street it goes like this. In the street Markeith
3wants respect. And he wants everybody to give it to him. And guess what? I'm
4gonna give it to you whether you deserve it or not. But right now you know what I 5need? I need you to give me a little bit 'cause I deserve it okay. I'm here giving
6you all the respect in the world.
7How this respect?
8Okay partner, all I want to do is talk to you..