法律英语导读(25)
文章来源: 文章作者: 发布时间:2007-04-10 01:48 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
Empty Promises

  Police officers' promises of leniency1 are usually empty. Police officers may recommend a light sentence, but at the end of the day it's prosecutors3 and judges who normally determine punishment on the basis of statutory requirements and political expediency4.

  Case Example 1: Dee Nyal is arrested and charged with burglary. At the police station, Dee waives5 her Miranda rights and voluntarily tells the police that she is innocent, because she was at the movies at the time the burglary took place. At trial, the prosecutor2 wants to offer Dee's statement to the police into evidence to show it was false, because the movie Dee said she watched was not playing the night of the burglary. Dee protests that what she said to the police shouldn't be admissible because she didn't make a confession6; instead she said she wasn't guilty.

  Question: Is Dee's statement to the police admissible in evidence?

  Answer: Yes. Dee waived7 her Miranda rights, so even though she was trying to help herself, the statement is admissible.

  Case Example 2: Len Scap is arrested for murder. The police give Len his Miranda warning, then tell him that he might as well confess because the police found Len's fingerprints8 at the crime scene and because they have an eyewitness9 who can easily identify him. Feeling all is lost, Len confesses to the murder. It turns out that the police lied to Len—they had neither his fingerprints nor an eyewitness.

  Question: Is Len's confession admissible in evidence?

  Answer: Very probably. Judges generally rule that confessions10 are voluntary even if they are obtained by the police through trickery. (See Frazier v. Cupp, U.S. Sup. Ct. 1969.)

  本节的题目翻译句子:
  1、Police officers may recommend a light sentence, but at the end of the day it's prosecutors and judges who normally determine punishment on the basis of statutory requirements and political expediency.
  2、Judges generally rule that confessions are voluntary even if they are obtained by the police through trickery
  答案:
  1、警官可能会建议从轻判决,但最终还得由检察官和法官从法律和政治方面权衡作出判决。
  2、法官通常会裁决,尽管证据是警官使诈所得,仍是嫌疑犯主动招供



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1 leniency I9EzM     
n.宽大(不严厉)
参考例句:
  • udges are advised to show greater leniency towards first-time offenders.建议法官对初犯者宽大处理。
  • Police offer leniency to criminals in return for information.警方给罪犯宽大处理以换取情报。
2 prosecutor 6RXx1     
n.起诉人;检察官,公诉人
参考例句:
  • The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
  • The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。
3 prosecutors a638e6811c029cb82f180298861e21e9     
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人
参考例句:
  • In some places,public prosecutors are elected rather than appointed. 在有些地方,检察官是经选举而非任命产生的。 来自口语例句
  • You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。
4 expediency XhLzi     
n.适宜;方便;合算;利己
参考例句:
  • The government is torn between principle and expediency. 政府在原则与权宜之间难于抉择。 来自《简明英汉词典》
  • It was difficult to strike the right balance between justice and expediency. 在公正与私利之间很难两全。 来自辞典例句
5 waives 3dc42ba6619cb696796fac2e888582eb     
v.宣布放弃( waive的第三人称单数 );搁置;推迟;放弃(权利、要求等)
参考例句:
  • The surety waives in writing the right provided in the preceding paragraph. (三)保证人以书面形式放弃前款规定的权利的。 来自互联网
  • In exchange, the tribe waives claim to similar water rights on non federal and private lands. 作为交换,部落放弃非联邦河私人土地上的类似水权。 来自互联网
6 confession 8Ygye     
n.自白,供认,承认
参考例句:
  • Her confession was simply tantamount to a casual explanation.她的自白简直等于一篇即席说明。
  • The police used torture to extort a confession from him.警察对他用刑逼供。
7 waived 5fb1561b535ff0e477b379c4a7edcd74     
v.宣布放弃( waive的过去式和过去分词 );搁置;推迟;放弃(权利、要求等)
参考例句:
  • He has waived all claim to the money. 他放弃了索取这笔钱的权利。 来自《简明英汉词典》
  • I waived the discourse, and began to talk of my business. 我撇开了这个话题,开始讲我的事情。 来自辞典例句
8 fingerprints 9b456c81cc868e5bdf3958245615450b     
n.指纹( fingerprint的名词复数 )v.指纹( fingerprint的第三人称单数 )
参考例句:
  • Everyone's fingerprints are unique. 每个人的指纹都是独一无二的。
  • They wore gloves so as not to leave any fingerprints behind (them). 他们戴着手套,以免留下指纹。 来自《简明英汉词典》
9 eyewitness VlVxj     
n.目击者,见证人
参考例句:
  • The police questioned several eyewitness to the murder.警察询问了谋杀案的几位目击者。
  • He was the only eyewitness of the robbery.他是那起抢劫案的唯一目击者。
10 confessions 4fa8f33e06cadcb434c85fa26d61bf95     
n.承认( confession的名词复数 );自首;声明;(向神父的)忏悔
参考例句:
  • It is strictly forbidden to obtain confessions and to give them credence. 严禁逼供信。 来自《现代汉英综合大词典》
  • Neither trickery nor coercion is used to secure confessions. 既不诱供也不逼供。 来自《现代汉英综合大词典》
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