问题 问答题

案情:湖南省甲地警察赵某在火车站附近巡逻时,发现余某有可疑迹象,遂上前查问,余某闪烁其词,赵某更是起疑,于是将余某带到派出所,余某起初一直保持沉默,经一再审讯,余某终于供述自己本是湖北省乙地人,曾于 10年前在湖北省丙地犯了 * * 杀张女一案,8年前在湖北省丁地犯了故意伤害案,现又在甲地犯了抢劫案。公安机关意识到该案件比较重大,就告诉余某可以委托律师,余某委托了天达律师事务所律师黄某为其提供法律帮助,黄某要求会见余某,公安机关拖拖拉拉2天后才让余某会见委托人。案件侦查终结,移送审查起诉后,由公诉人徐某负责审查起诉,人民检察院为防止余某翻供,在黄某会见余某时,一直派人在场,黄某向徐某提出侦查阶段存在刑讯逼供的行为,徐某说,“知道了,这种事见多了,有什么大不了的”而不予理会。在法庭上,余某向法官展示了血衣,声称自己遭到刑讯逼供。而湖北丙地张女被 * * 杀一案,已有一聂姓犯人当年被判处无期徒刑,至今仍在监狱服刑,他也一直进行着申诉。
问题:
1.余某一直保持沉默会产生什么样的法律后果

答案

参考答案:法庭应予以审查,如查证属实,则刑讯逼供获得的口供无效。

解析: 《刑诉解释》第61条规定:“严禁以非法的方法收集证据。凡经查证确实属于采用刑讯逼供或者威胁、引诱、欺骗等非法的方法取得的证人证言、被害人陈述、被告人供述,不能作为定案的根据。”

填空题
阅读理解

After giving a talk at a high school, I was asked to pay a visit to a spe­cial student. An illness had kept the boy home, but he had expressed an interest in meeting me. I was told it would mean a great deal to him, so I agreed.

During the nine-mile drive to his home, I found out something about Matthew. He had muscular dystrophy (肌肉萎缩症). When he was born, the doctor told his parents that he would not live to five, and then they were told he would not make it to ten. Now he was thirteen. He wanted to meet me because I was a gold-medal power lifter, and I knew about overcoming obstacles and going for my dreams.

I spent over an hour talking to Matthew. Never once did he complain or ask, Why me?” He spoke about winning and succeeding and going for his dreams. Obviously, he knew what he was talking about. He didn’t mention that his classmates had made fun of him because he was different. He just talked about his hopes for the future, and how one day he wanted to lift weights with me. When we had finished talking, I went to my briefcase and pulled out the first gold medal I had won and put it around his neck. I told him he was more of a winner and knew more about success and overcoming obstacles than I ever would. He looked at it for a moment, then took it off and handed it back to me. He said, “You are a champion. You earned that medal. Someday when I get to the Olympics and win my own medal, I will show it to you.”

Last summer I received a letter from Matthew’s parents telling me that Matthew had passed away. They wanted me to have a letter he had written to me a few days before:

Dick,

My mum said I should send you a thank-you letter for the picture you sent me. I also want to let you know that the doctors tell me that I dont have long to live any more, but I still smile as much as I can.

I told you someday that I would go to the Olympics and win a gold medal, but I know now I will never get to do that. However, I know Im a champion, and God knows that too. When I get to Heaven, God will give me my medal and when you get there, I will show it to you. Thank you for loving me.

Your friend,

Matthew

小题1: The boy looked forward to meeting the author because _________. 

A.he was also good at weight lifting

B.he wanted to get to the Olympics and win a medal

C.he was one of the author’s students

D.he admired the author very much小题2: The underlined sentence in the third paragraph probably means that _______.

A.the boy never complained about how unlucky he was to have this disease

B.the boy never complained about not being able to go to school

C.the boy never complained why the author had never come to see him before

D.the boy never complained about not getting a medal小题3: From the passage we learn that _________. 

A.Matthew was an athlete

B.Matthew was an optimistic and determined boy

C.The author used to have the same disease as Matthew had

D.Matthew became a champion before he died小题4:Matthew didn’t accept the author’s medal because _________.  

A.he thought it was too expensive

B.he was sure that he could win one in the future

C.he thought it was of no use to him as he would die soon

D.he would not be pitied by others小题5:What would be the best title for this passage? 

A.A sick boy.

B.A special friend.

C.A real champion.

D.A famous athlete.