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  3. How efficient is our system of criminal trial? Does it really do the basic job we ask of it—convicting the guilty and acquitting

How efficient is our system of criminal trial? Does it really do the basic job we ask of it—convicting the guilty and acquitting

admin2011-05-29  94
问题     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 trial system is more like a game than a serious attempt to do justice. The lawyers on each side are so engrossed 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"— essentially a religious event—was the main way of testing guilt or innocence. When this was 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 the jury. The jurymen were often illiterate 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, American 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; the barrister who appears in court is not even allowed lo meet witness beforehand. British barristers also alternate doing both prosecution and defense work. By 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谈到，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。
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