首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
System of Criminal Trial How efficient is our system of criminal trial? Does it really do the basic job we ask of it— convi
System of Criminal Trial How efficient is our system of criminal trial? Does it really do the basic job we ask of it— convi
admin
2010-01-13
55
问题
System of Criminal Trial
How efficient is our system of criminal trial? Does it really do the basic job we ask of it— convicting the guilty and acquitting the innocent? It is often said that the British trail system is more like a game than a serious attempt to do justice. The lawyers on each side are so en- grossed in playing hard to win, challenging each other and the judge on technical points, that the object of finding out the truth is almost forgotten. All the effort is concentrated on the big day, on the dramatic cross examination of the key witnesses in front of the jury. Critics like to compare our "adversarial" system (resembling two adversaries engaged in a contest) with the continental "inquisitorial" system, under which the judge plays a more important inquiring role.
In early times, in the Middle Ages, the systems of trial across Europe were similar. At that time trial by "ordeal"—especially a religious event—was the main way of testing guilt or innocence. When this way eventually abandoned the two systems parted company. On the continent church-trained legal officials took over the function of both prosecuting and judging, while in England these were largely left to lay people, the Justice of the Peace and this meant that all the evidence had to be put to them orally, this historical accident dominates procedure even today, with all evidence being given in open court by word of mouth on the crucial day.
On the other hand, in France for instance, all the evidence is written before the trial under supervision by an investigating judge. This exhaustive pretrial looks very undramatic; much of it is just a public checking of the written records already gathered.
The Americans adopted the British system lock, stock and barrel and enshrined it in their constitution. But, while the basic features of our systems are common, there are now significant differences in the way serious cases are handled. First, because the U. S.A. has virtually no contempt of court laws to prevent pretrial publicity in the newspaper and on television, Americans lawyers are allowed to question jurors about knowledge and beliefs.
In Britain this is virtually never allowed, and a random selection of jurors who are presumed not to be prejudiced are empanelled. Secondly, there is no separate profession of barrister in the United States, and both prosecution and defense lawyers who are to present cases in court prepare them themselves. They go out and visit the scene, track down and interview witnesses, and familiarize themselves personally with the background. In Britain it is the solicitor who prepares the case, and the barrister who appears in court is not even slowed to meet witness beforehand. British barristers also alternate doing both prosecution and defense work. Being kept distant from the preparation and regularly appearing for both sides, barristers are said to avoid becoming too personally involved, and can approach cases more dispassionately. American lawyers, however, often know their cases better.
Reformers rightly want to learn from other countries’ mistakes and successes. But what is clear is that justice systems, largely because they are the result of long historical growth, are peculiarly difficult to adapt piecemeal.
In Britain, newspapers______.
选项
A、do the same as American newspapers do
B、are not interested in publishing details about the trial before it takes place
C、are not allowed to publish details about the trial before it takes place
D、are allowed to publish details about the trial before it takes place
答案
C
解析
文中作者在第四段第二句和第三句淡到,英美两国在受理重刑案件时一个最显著的区别是:美国法律并不阻止报纸和电视在庭审前对这类案件的大肆渲染。由此可见,在审理重刑案件之前,英国法律是不允许报纸报道任何细节的。因此这道题的正确答案应当为C。
转载请注明原文地址:https://www.kaotiyun.com/show/fJGd777K
本试题收录于:
职称英语综合类基础题库职称英语分类
0
职称英语综合类基础
职称英语
相关试题推荐
CanadaIkea:WhateGreetPlaceforYoutoShopTherearemanydifferentstoresthatpeoplegotoinordertobuyvariousho
CarefulobservationsandsystematicstudiesofsunspotsSunspotsarecoolerthantherestofthesun’ssurfacebecause
ParentsintheUnitedStatestendtoasktheirchildrenWhichofthefollowingisNOTtrueofworkingclassAmericans?
Visualmemoryhelpsusrecallaplacewehavebeento.Long-termmemoryismoreimportantthanshort-termmemory.
ThepassagetellsusthatLondon’sfirstLightRailSystem"Thisline"inParagraph3refersto
Robots1Themostsophisticated(先进的)Japaneserobots,whichhavevisionsystemsandworkatveryhighspeeds,arestillbased
TheBuildingofthePyramidsTheoldeststonebuildingsintheworldarethepyramids.Theyhavestoodfornearly5,000yea
HumanandtheEnvironmentOneofthemostpressingchallengesthattheUnitedStatesandindeedtheworldwillfaceinthen
SymbolicProcessTheprocessbymeansofwhichhumanbeingsarbitrarilymikecertainthingsstandforotherthingsmanybec
SymbolicProcessTheprocessbymeansofwhichhumanbeingsarbitrarilymikecertainthingsstandforotherthingsmanybec
随机试题
学历证书
A.速发型超敏反应B.迟发型超敏反应C.抗体刺激型超敏反应D.细胞毒型超敏反应E.免疫复合物型超敏反应Ⅳ型超敏反应又称
总配电箱(或配电室)内的漏电保护器的额定漏电动作电流与额定漏电动作时间的乘积最高应限制在()mA·s以内。
甲建筑公司与建设单位签订了一份合同,合同中约定的合同价为950万元人民币。后来,建设单位的负责人找到了甲建筑公司的负责人,要求另行签订一个合同,合同价为800万元人民币。则()。
D公司为投资中心.下设甲、乙两个利润中心,相关财务资料如下:资料一:甲利润中心营业收入为38000元,变动成本总额为14000元,利润中心负责人可控的固定成本为4000元,利润中心负责人不可控但应由该中心负担的固定成本为7000元。资料二:乙利润中心负
下列合同中,属于《合同法》调整范围的有( )。
某被试在MMPI测验中,其测试结果剖析图呈12/21组合,其可能的诊断有()。A.被试常有躯体不适,并伴有抑郁情绪B.可诊断为疑病症或抑郁性神经症C.若其Pt(量表7)也为高分,可诊断为焦虑性神经症D.该组合可做出典型转换性癔症的诊断
公安民警在处理上下级关系时,以警衔优先,行政职务辅之。()
罗马:恺撒
BytheendoftheMiddleAgesthetechnologicalsystemscalledcitieshadlongsincebecomeacentralfeatureofWesternlife.I
最新回复
(
0
)