研究:法律以人量刑
文章来源:未知 文章作者:meng 发布时间:2010-03-07 01:20 字体: [ ]  进入论坛
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A defendant1 is much more likely to be sentenced to death if he or she kills a "high-status" victim, according to new research by Scott Phillips, associate professor of sociology(社会学) and criminology(犯罪学,刑事学) at the University of Denver (DU). According to his research published in Law and Society Review, (43-4:807-837), the probability of being sentenced to death is much greater if a defendant kills a white or Hispanic(西班牙的) victim who is married with a clean criminal record and a college degree, as opposed to a black or Asian victim who is single with a prior criminal record and no college degree.

Recent discussions of the death penalty tend to focus on innocence2 and cost. Phillips' research says that arbitrariness(任意,专横) has long been a concern.

"The concept of arbitrariness suggests that the relevant legal facts of a capital case cannot fully3 explain the outcome: irrelevant4 social facts also shape the ultimate state sanction(制裁,处罚) " Phillips says. "In the capital of capital punishment, death is more apt to(易于) be sought and imposed on behalf of high status victims. Some victims matter more than others."

Phillips research is based on 504 death penalty cases that occurred in Harris County, Texas between 1992 and 1999.

Drawing on the same data, Phillips's previous research demonstrated that black defendants5 were more likely to be sentenced to death than white defendants in Houston. The racial disparities(不等,不一致) revealed in the prior paper become even more acute after accounting6 for victim social status – black defendants were more apt to be sentenced to death despite being less apt to kill high status victims.

The combined results of the two papers call into question the meaning of justice.

"Should justice be defined according to the punishment a particular defendant deserves?" Phillips asks, "Or should justice be defined according to whether the judicial7 system can hand out lethal8(致命的) punishment in an even-handed manner? The question strikes at the heart of the death penalty debate."



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1 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
2 innocence ZbizC     
n.无罪;天真;无害
参考例句:
  • There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
  • The accused man proved his innocence of the crime.被告人经证实无罪。
3 fully Gfuzd     
adv.完全地,全部地,彻底地;充分地
参考例句:
  • The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气,然后全部呼出。
  • They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。
4 irrelevant ZkGy6     
adj.不恰当的,无关系的,不相干的
参考例句:
  • That is completely irrelevant to the subject under discussion.这跟讨论的主题完全不相关。
  • A question about arithmetic is irrelevant in a music lesson.在音乐课上,一个数学的问题是风马牛不相及的。
5 defendants 7d469c27ef878c3ccf7daf5b6ab392dc     
被告( defendant的名词复数 )
参考例句:
  • The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
  • As in courts, the defendants are represented by legal counsel. 与法院相同,被告有辩护律师作为代表。 来自英汉非文学 - 政府文件
6 accounting nzSzsY     
n.会计,会计学,借贷对照表
参考例句:
  • A job fell vacant in the accounting department.财会部出现了一个空缺。
  • There's an accounting error in this entry.这笔账目里有差错。
7 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
8 lethal D3LyB     
adj.致死的;毁灭性的
参考例句:
  • A hammer can be a lethal weapon.铁锤可以是致命的武器。
  • She took a lethal amount of poison and died.她服了致命剂量的毒药死了。
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