法律英语导读(1)
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为了提高大家阅读英文法律文献的水平，增加大家的美国法律知识，开设此栏目。本人水平有限，恐怕很多地方存在错讹，提请大家注意并提出批评和修改意见。 由于本人正在学习法律英语，所以本材料内容取材于我自己阅读的NOLO出版社出版2000年1月出版的书籍《The Criminal Law Handbook Know Your Rights, Survive the System》第3版，作者Paul Bergman 和Sara J. Berman-Barrett，本书的最新版是2003年2月的第5版。但其编排方式多有不便，而且基本内容变化不大，所以我还是选用了第3版。本人没有侵犯作者版权的意思，只是合理使用，请大家在使用本材料时注意。 Section I: How Can This Book Help You? Just about everyone is touched in some way by our criminal justice system. You, a relative or a friend may be arrested and charged with a crime. Or perhaps you've been the victim of one. Maybe you're a teacher, social worker or counselor who needs clear answers to pressing questions so you can help others understand how the criminal justice system works. This book is for all of you, and for anyone else who wants to understand a little more about such gripping modern-day dramas as the O.J. Simpson, Menendez brothers and Timothy McVeigh trials. The book uses an easy-to-understand question-and-answer format to explain the criminal justice system, inside and outside the courtroom. When can a police officer make an arrest? Is it a good idea to talk to the police? Who decides whether to charge someone with a crime, and what crime to charge? Is self-representation ever a good idea in criminal cases? Should defendants conceal their guilt from their attorneys? What factors might convince a judge to release a jailed person on low bail—or waive bail altogether? These are among the hundreds of practical questions the book addresses. 1. Who Can Benefit From This Book? Many people can benefit from the information in this book: If you are accused of a crime. If you are facing criminal charges, you should become very familiar with the information in this book, even if you have a lawyer. Your case belongs to you, not to your lawyer, and you will want to be savvy enough about what's going on to intelligently participate in important decisions that are likely to affect its outcome. The more you know, the more likely it is that you will receive high quality legal services, because you will be in a position to insist that they be provided to you. Defendants' family members and friends. If someone close to you faces criminal charges, you'll want to know what is happening and how you can be of help. Does it matter whether you are there in the courtroom when your friend or relative is arraigned? What factors should you consider if you are asked to post bail or sign a bail application for someone else? How should you respond if asked for your opinion by your friend or relative on whether he or she should plead guilty or ask for a jury trial? What types of support or counseling can you properly offer a friend or relative throughout his or her criminal case? Knowing the answers to these and many other questions will make you a better helper. Crime victims. Until recent years, crime victims were largely shut out of the criminal justice process. Now victims often play more active roles, for example, by addressing the judge at the time a defendant is sentenced. Thus, if you are a victim, you too will want to understand how the process works and where in the process you can expect to have an impact on how the case is prosecuted. Concerned citizens. Have you ever watched a trial on TV and wanted to know what all the mumbo-jumbo is about? Complained about the costs associated with crime? Been called for jury duty? Whatever prompts your interest, the criminal justice system belongs to you. You have a right to know how it works. The information in this book tells you what you never learned in high school civics. 本节常用法律术语： 1、 criminal justice system 刑事司法系统 2. Is This Book a Step-by-Step Guide to Self-Representation in Criminal Cases? No. The book is in no way intended as a detailed guide to self-representation. It is, however, intended to empower criminal defendants by helping them understand every phase of the criminal justice process and what types of defenses and strategies are available to them. Except for those who are charged with very minor offenses, defendants almost always will benefit from the advice and counsel of attorneys knowledgeable about the law and the ins and outs of the court where the case will be heard. The basic reasons why self-representation is usually not advisable in criminal cases include: · In criminal cases, defendants are up against the power and resources of the government. Individual defendants are no match for the police officers and prosecutors who work in the system every day. · The stakes are often high in criminal cases. A conviction may entail a stiff fine, imprisonment, loss of employment and other penalties, such as deportation （of a noncitizen） and the loss of the right to vote and possess a firearm. · Judges, prosecutors and jurors are likely to be prejudiced against self-representing defendants. Such defendants are likely to be seen as guilty ''head cases'' who are adding to their sins by trying to disrupt the judicial system. · Laws and court practices, the knowledge of which is required for a successful outcome, often are "hidden" in appellate court rulings and unwritten policies which cannot easily be researched. While the information in the book will no doubt assist those defendants who choose self-representation, the authors assume that those facing criminal charges for which jail or prison is a possibility are represented by an attorney, either privately retained or appointed at government expense. 本节常用法律术语： 1、 minor offenses 轻罪 本期的问题： 答案： |
