Law Review to Redefine Murder

合集下载

里格斯诉帕尔默案

一个解释原则。立法者并不总能精确地表达 the making, proof, and effect of wills and
他们的目的，而是有时会超出，有时又受到 the devolution of property, if literally
限制，为此，就需要法官从可能或合理的推 construed, and if their force and effect
余大部分遗产由其孙子——即该案的被告埃 and testament, in which he gave small
尔默〃帕尔默继承，他的天赋超过两个女儿， legacies to his two daughters, Mrs. Riggs
被告埃尔默〃帕尔默由其母亲苏珊〃帕尔默 and Mrs. Preston, the plaintiffs in this
效力以及财产转移等遗嘱法的规定，把遗产 in his favor in the will, and, that he
转给谋杀者，这是千真万确的。制定遗嘱法 might prevent his grandfather from
就是为了让立遗, which he had
文义解释，在没有外力影响和左右的情况下， testator, Elmer lived with him as a member
如果事态按其自然进程发展，不被控制也没 of his family, and at his death was 16
有改变，那么，根据调整遗嘱订立、证明、 years old. He knew of the provisions made
世。被告埃尔默自订立遗嘱时起，一直作为 considerable personal property. He was a

死刑是否应该废除【英文研究报告】

It centers around the issue of death penalty,shows different kinds of excusion in different times and countries and discuss whether death penalty should be abolished or not. Should The Death Penalty Be ABOLISHED or RETAINED?ByYan ChunshuangDeng MingdaDong QiushiLvChadeYu YangClass0907301School ScienceHarbin Institude of TechnologyMay 23rd,2010AbstractThe People's Republic of China is the world's executions than any other country, during which inevitably will bring a lot of injustice, and all of us want to see the second "Dou E", so we wrote this paper is intended to cause national attention to the State in punishing serious criminals could take better and more effective measures, not just a simple implementation of the death penalty, so as to reduce damage caused by the death penalty to the families and also to the prisoners a chance of rehabilitation, unnecessary under certain circumstances to reduce further crime. We had 50 different professional questionnaires, accordingly, we should abolish the death penalty that does not depend on human will, different backgrounds should be a different decision, we need to continuously improve laws, to avoid the occurrence of injustice, which requires our courts to sentence the death penalty is more prudent and cautious. Key wordsthe death penaltyinjusticebackgroundprisonersabolishIntroduction①The death penalty, also known as capital punishment, executions, the world's most ancient one sentence, that executioner based on the legal powers to end the life of a prisoner. Deprived of life suffer the penalty of this approach are usually the offenders who commit serious crimes in the local. Although this "serious crime" is defined often controversial, but retain the death penalty in the current state of, in general, "intentional killing" of prisoners sentenced to death must be one of the major reasons.As early as the beginning of civilization have the death penalty, but so far the majority of countries have abolished the death penalty. Still retain the death penalty are China, the United States, Japan, Singapore and other 75 countries, developed countries, only the United States and Japan still retain the death penalty. At present, most European countries (only exception of Belarus) have abolished the death penalty, on the one hand is based on the religious background of these countries, according to "the Old Testament • Creation", the human committed unpardonable crimes several times, but have received God amnesty, hope people can change their minds, so the human can not jeopardize the creation of theFather's authority over life and death, God gave man pleaded guilty in return for the chance to turn over; the other is based on democracy, rule of law, humanitarian development.Sentenced to death are known as "death" or "Condemned." Death usually before execution, will be sent to a specific cell for solitary confinement. On the one hand, the judiciary recognized the need for the death penalty, and to make preparations for the execution; the other hand, can allow death to have a final opportunity to appeal. According to Amnesty International's statistics and other information:88 States and Bermuda, Hong Kong, Macau, Niue, Turks and Caicos Islands and other areas are not the death penalty for any crime.10 countries and COK only for exceptional crimes have the death penalty, no death penalty for ordinary crimes.24 countries have the death penalty for ordinary crimes and 10 years, has not executed any person, or if the death penalty does not make international commitments (such as Russia).75 States and China Taiwan have the death penalty for ordinary crimes.According to other statistics:The world's 99 countries and territories retain the death penalty mainly shooting, hanging, beheading, electrocution, gas, stoning, injected with 86 countries executed by hanging in 77 countries only ChinaPeople's Republic and the United States the death penalty by injection.( fromBaidu Encyclopedia )ParticipantsDeng Mingda, Dong Qiushi, LvChade, Yan Chunshuang, Yu Yang Instrument:Questionnaire SurveyRelated information②NieShubin miscarriage of justice the murderers to death for the former prefer to give the deceased Xi YuanAt 6:38 p.m. on May 10, 2010 China Network Southern Weekend reporter Zhao Ling from the bottom of Hebei After 2 years and has been without Kuxun of NieShubin case judgments in April this year appeared suddenly mysterious. -The so-called "murderers" Wang Shu-Jin in the first instance, sentenced to death this year, after April the High Court to appeal to the Hebei reason is not Procuratorate v. the rape of a crime health murder, resulting in innocent people (NieShubin) wronged. Although the High Court of Hebei has beeninadmissible, but the mother said, according to Nie, the Supreme Court has accepted their complaint before the country's HebeiNieShubin was sensational case, after two years of silence, in the past few months to get a breakthrough.Two years, Nie mother many times for his son's case to the Hebei Province Supreme Court appeal could not provide the trial verdict were to reject it. However, 4,5 months of this year, a mysterious courier way people were sent the NieShubin's case a second instance verdict to appeal the case to remove the biggest obstacle.At the same time, more drama ensued. Also in April this year, the first trial sentenced to death Hebei Wang Shu-Jin High Court to appeal on the grounds it is not Procuratorate v. health one of its rape murder crimes, resulting in innocent NieShubin wronged. Wang Shu-payment is to know your escape death, but would like to book their evil Adds one life, and not make good scapegoat. These dramatic changes, so that once law experts believe the case has been Department desperate NieShubin, suddenly saw the chance of survival.Lawyer's core view that the NIE was convicted simply based on his own confession, there is no direct evidence of NieShubin indeed raped and murdered a Hong. Accordance with Article 35 of Criminal Procedure Law provides: "Only confession of the accused, no other evidence can not be found guilty and sentenced." Others state that "circumstantialevidence only in the form a complete chain of evidence, and exclusion of other all possibilities of the situation, before a conviction." Questionnaire1.Do you think the death penalty should be abolished? ( )A.Yes, I do, because__________①He should be responsible for murder ②Can be a deterrent to crime③Have a deterrent effect ④Should be given severe punishment forserious criminals to ⑤Not enough to appease the resentment of not to killB.No, I don’t think so, because__________①Too cruel, inhuman ②Against the people-oriented ③Violated the humanrights of prisoners ④Should give a chance of rehabilitation ⑤In a particular case will lead to escalation of crime2.Do you think there is somebody that can’t be saved forever? ( )A. NoB. Yes3.If you are still at large death row, you will choose to surrender? ( )A. YesB. No4.If you are about to be executed at the terminal stage can only do onething, what will you do?____________________________________________________ _______________5.Do you think what should be given the family of the death penalty toinjustice compensation? ( )A.Economic compensationB.Related leading public apologyC.Could not be compensated in any caseData collection:Question 1:The deathpenalty shouldbe retainedThe deathpenalty shouldbe abolished Question 2：NoYesQuestion 3：YES NO Question 4：05101520Question 4Prison Break Family Gatherings Entrusted funeral Recall A meal Watching the Sea Doing good Suicide Around the World Wait death MurderRepentQuestion 5：EconomiccompensationRelated leadingpublic apologyCould not becompensated in anycaseAnalasis and Findings:Question 1:There are many ideas about whether death sentence should be canceled. Most people think that the death sentence should be kept. Because it has deterrence to the crime, which makes people fear. Then they will not correct a crime recklessly. Among them, part people think that a life for a life is very regular for a murder. They loathe the offender, even they feel offender which commit big error should be given serious punish. Or people won’t calm down the indignation. Only in this way can people calm down the inner indignation.The rest people think the death sentence should be canceled. Theythink we should give offenders a chance to correct their errors. What’s more, we always emphasize to make people fundamental. The death sentence is going against the view. Through investigate condensed questionnaire. We can summaries that most people have no sympathy with prisoner easily. They detest the offender and think it is offender that wrecks others’ happiness. If the death sentence is canceled, then the society will lose the order. More people may be killed.Question 2:There are 58 percent of people think that there are some people in the world that can’t be saved. This choice is more than the other. The goal of the capital punishment is to punish the people that can’t be saved to warn the people, in another world, to save another group of people who is at the edge of crime. Of cause the people who can’t be save should be punished even to death. But 42 percent of people point out that everybody can be saved if we pay out heart, and it’s need time to lead them to right road.Question 3:If you are an escaped criminal, whether you will go to surrender yourse lf? About 50 percent of people choose “Yes”, the rest choose “No”.I think the select have relation to one’s courage, values and outlook on life.If the person is upright and bighearted, he will go to voluntarily surrender yourself. Because he must be responsible for his action, on the contrary, if the person is of dreadful appearance, he has no willing to hear to hear his duty.Question 4③：This is an interesting imagine. And from the result we can see what people are thinking when they are going to die. 42 percent of people choose to enjoy sometime with their family. They want to see their family last time. Maybe they say thank you or sorry to them. Maybe instead of doing this, just sit beside them and have dinner like before. So many people’s choice tells us that our family is the most important in our life. And even the most violent culprit has the fundamental love. The second choice is to escape or even kill the others. This thought can be comprehended. Manage to be alive is the appetence of every animal certainly human beings. But if the death penalty is going to be carried out reality, there are no questions that other more crime will come up. Besides them there are also some people who choose to enjoy the remaining life. Of example to eat a big dinner which has many things they haven’t eat before, having a travel of the whole world, enjoying the memory. By all appearances this group of people have accept their coming death. Even some choose to kill themselves. They don’t want to die under the gun. Only 8 percent of people choose to regret. We shouldthink the death really come to our goal.Question 5：As long as the death punishment is exist. The grievance is there. 70 percent of people think that if the death is wrong, nothing can do to compensate their family. The life has been gone forever. No matter how wise dome the judge is, he can’t insure that he can be always right. Maybe the cost of a small error is a life, which will be our most sorrow. ConclusionDeath is the punishment of criminals and bound people in, so people under the fear of the death penalty,not dare to make some moral violations. However, this had to cause us to reflect on human nature. Is it only because of the strong constraints, the development of human society can be stable? what a role dose the code of ethics in human society have played?The death penalty has been with mankind for thousands of years, as a penalty, both as a punishment for serious crimes, but also a constraint on human nature. As for whether the death penalty should be canceled, does not depend on people's will, but the background should be decided according to different. Although at this time, calls for human rights increase all the time, we have seen, some criminals are increasinglyrampant. If the day that the death penalty was abolished really come, then some people will become more unscrupulous. Of course, this relates to the penalty of life, we also need to constantly improve our laws, not to put any innocent person to death execution ground. Of course, if one day the death penalty has no longer necessary, it will be a new chapter of the history of human civilization.Reference①百度百科·死刑：/view/22571.htm?fr=ala0_1_1②南方周末，认真对待一名死刑犯的建议：/content/27644③搜狐精华区百家讲坛：/read_elite.php?b=zz0156&a=5869582④《死刑制度史History of the death penalty》ISBN：7503687839,2008-09,Law Press。

美国陪审团的一致裁决原则

美国陪审团的一致裁决原则：历史与当下关键词: 美国，陪审团，一致裁决原则内容提要: 陪审团的一致裁决原则起源于14世纪的英国，作为一项普通法的传统，它在美国确立后经历了一个联邦强制适用与各州选择适用并存这一局面被明确和强化的过程。

虽然饱受质疑，但是从一致裁决原则对陪审团司法工具价值和政治民主价值的发挥及对审判成本控制的影响这三个角度出发综合考虑，其在一定时间内还将继续存在下去。

“你为什么会认为他无罪？”“虽然你们11个都认为他有罪，但我想先和你们好好谈谈，否则我很难说服自己举手认同你们的观点，送这个男孩去死。

”[1]作为美国司法体系的核心组成部分，陪审团制度曾为其赢得了广泛的赞[2]。

陪审团审理案件时，在就相关情况进行充分的“秘密评议”[3]后，无论要做出有罪还是无罪裁决，均需首先在其内部达成一致意见，否则会导致无效审判（mistrial）的出现（此时陪审团相应地被称作“悬置陪审团”（hung ju-ry）—这就是美国陪审团的一致裁决原则[4]。

这项原则起源于英国，作为普通法的传统为美国所接受后，长期以来被视为一项“神圣不可侵犯的”[5]、“统治性的规则”[6]，并作为陪审团制度的“基石”[7]、裁决规则的“底线”[8]在美国联邦法院系统和州法院系统被严格遵行。

然而，随着一系列具有争议的陪审团裁决的出现[9]，美国民众对陪审团审判“不准确、不公正”的印象日益滋生，对其进行根本性改革的呼声也越来越高[10]。

在这种整体性的不满之中，指向一致裁决原则的自然也占有相当大的比重。

有学者认为这是一个“过时的传统”[11]，甚至认为它所带来的危害正是现在陪审团面临的“最严重的问题之一”[12]。

与民众的呼声和学界的议论相伴，在司法实践中，这一原则也已有所松动。

虽然在联邦层面，依然继续严格要求使用一致裁决，但是在各州，情况则发生了变化。

就刑事案件而言，路易斯安那州和俄勒冈州已经在州宪法中明确规定，除死刑案件外，其他案件允许非一致裁决。

美国法律中的谋杀罪 Murders in American Law

Murder (United States law)From Wikipedia, the free encyclopediaJump to: navigation, searchIn the United States, the principle of dual sovereignty applies to homicide, also known as murder, as to other crimes. If murder is committed within the borders of a state, that state has jurisdiction. Similarly, if the crime is committed in the District of Columbia (otherwise known as Washington, D.C.), the D.C Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction.[1] If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include naval or U.S.-flagged merchant vessels in international waters and U.S. military bases worldwide. In addition, murder by a member of the United States military anywhere in the world is a violation of Article 118 of the Uniform Code of Military Justice and can result in a servicemember suspected of murder being tried by a general court-martial. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.[2] In the United States there is no statute of limitations on the crime of murder.Modern codifications tend to create a genus of offenses, known collectively as homicide, of which murder is the most serious species, followed by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all. Because there are 53 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.Under U.S. federal law, murder is the unlawful killing of a human being with malice aforethought.[3] Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Life sentencing for murder in the United States has a mean of 349 months (29 years one month) and a median of 480 months (40 years).[4] However, some states' sentencings contemplate a full life's confinement, whence the sentence of confinement is not deemed fulfilled while the convicted person lives; and the only way to fulfill the sentence (and thereby obtain release from confinement) is by the individual's death. These sentences are termed natural life and/or life without the possibility of parole. Additionally, life without the possibility of parole can be defined under special circumstances for example in the course of a robbery or additional crimes. (People v. Horn) Court of Appeals of California, Fourth District, Division OneContents[hide]∙ 1 Degrees of murder in the United States∙ 2 Punishment for murdero 2.1 Federalo 2.2 Militaryo 2.3 By states∙ 3 Fetal homicide in the United States∙ 4 Murder Sentencing Guidelines in the United Stateso 4.1 Arizonao 4.2 Floridao 4.3 Hawaiio 4.4 Louisianao 4.5 Michigano 4.6 Missourio 4.7 Nevadao 4.8 Washington∙ 5 References[edit] Degrees of murder in the United StatesStates have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.∙First degree murder is any murder that is willful and premeditated.Felony murder is typically first degree.[5][6]∙Second degree murder is a murder that is not premeditated or planned in advance.[7]∙Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "causea reasonable person to become emotionally or mentally disturbed."Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[8]∙Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntarymanslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is"unintentional," because the killer did not intend for a death to result from his intentional actions. If there is a presence ofintention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself. [9]The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.[10]Some states classify their murders differently. In Pennsylvania, California, and Massachusetts, first degree murder encompasses premeditated murders, second degree murder encompasses accomplice liability, and third degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances," such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture.[11] Under this system, second degree murder is any other premeditated murder.[12]Also the New York statutes recognize "murder for hire" as first degree murder. [13]Texas uses a similar schemeto New York, but refers to first-degree murder as "capital murder," a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter.[edit] Punishment for murder[edit] FederalOffense Mandatory sentencing[14]Second degree murder Imprisonment for life or any termSecond degree murder by an inmate, even escaped,serving a life sentenceLife imprisonmentFirst degree murder Death or life imprisonment[edit] MilitaryOffense Mandatory sentencing[15]Murder under UCMJ Article 118 Clause (2) or (3) Any legal punishment (other than death) as directed by the court-martialMurder under UCMJ Article118 Clause (1) or (4)Death or life imprisonment[edit] By statesMain article: List of punishments for murder in the United States [edit] Fetal homicide in the United States Main articles: Born alive rule and FeticideFetal homicide laws in the United States"Homicide" or "murder".Other crime against fetus.Depends on age of fetus.Assaulting mother.Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder; the child had to have breathed at least once to be a human being[16] Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail.When the Supreme Court greatly reduced laws prohibiting abortions in Roe v. Wade (1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases, Congress passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.[edit] Murder Sentencing Guidelines in the United States[edit] ArizonaIn Arizona, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if one is found guilty of murder 1, there is the possibility of receiving the death penalty.[17][edit] FloridaIn Florida, a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder. This offense is categorized as capital offense, if convicted the offender could possibly receive the death penalty in the State of Florida.[18][19][edit] HawaiiIn Hawaii, a person commits first degree murder when the crime involves one or more specific elements:∙Multiple victims killed∙ A law enforcement officer, judge, or prosecutor killed (in connection with their respective duties)∙ A witness in a criminal case killed (in connection with the person being a witness)∙Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer)∙Murder committed by an imprisoned personThe State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without the possibility of parole.[20][21][edit] LouisianaLouisiana states that homicide in the first degree is killing of a human being with intent. There are other specific guidelines like killing a police officer or firefighter is an automatic first degree charge or intent to kill more than one person is automatically a first degree charge. In the State of Louisiana you can receive life imprisonment or the death penalty.[22][edit] MichiganIn Michigan, a person is found guilty of first degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan the top penalty perpetrator can receive is life imprisonment, the punishment cannot be cruel and unusual.[23][edit] MissouriIn Missouri, "A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter."[24]Murder in the second degree occurs when (1) the defendant knowingly causes the death of another person or causes their death "with the purpose of causing serious physical injury" or (2) the perpetration, attempted perpetration, or immediate flight from a felony results in a person being killed.[25] Murder in the first degree is punishable by imprisonment for life without eligibility for release except by act of the governor, or by death if the defendant is old enough. Murder in the second degree is punishable by ten to thirty years imprisonment or a life sentence.[26][edit] NevadaIn Nevada, first degree murder is the unlawful killing of a human being with malice and aforethought, either expressed or implied. If a serial killer is found guilty with aggravating circumstances, for example killing someone with torture or killing a stranger with no apparent motive, then the State can seek the death penalty or a sentence of life without parole.[27][edit] WashingtonIn the state of Washington, a person is found guilty of first degree murder when there is a premeditated intent to cause the death of another person. Murder in the first degree is a class A felony in the state of Washington.[28] If a person is convicted of first degree murder, they will not receive anything lower than life imprisonment.[29] The offender can possibly get a charge of aggravated first degree murder if they commit first degree murder and have an aggravating circumstance, for example if they kill a police officer. In this case they can receive the death penalty.[30]。

law review规则

law review规则
Law Review是一类在美国法学院里由学生自主运行的学术期刊，按不同的法律领域，法学院里会有多个不同类型的Journal，例如在Cornell Law School，会有International Law Journal、Journal of Law and Public Policy等。

通常在Law Review发表的文章会表达某个法律领域的学者在特定法律问题上的观点，并由其提供相关法律建议。

在美国法学院里，Law Review的文章会被美国各层级法院作为Persuasive Authority 引用（没有法律效力但可为法官判案提供参考），从而对美国法律发展产生深远的影响。

正因为Law Review的文章在美国法律界具有重要的分量，法学教授Erwin N. Griswold曾在Harvard Law Review中写道：“正是因为其（Law Review）独特的优势和严格的评选标准，才得以让期刊发展壮大。

”。

Law Review的规则可能会因法学院和期刊的不同而有所差异，如果你想了解更详细的内容，可以补充相关信息后再次向我提问。

法律条例英文

法律条例英文【篇一：常用法律条文英文版本】常用法律条文英文版本|法律英语天网恢恢，疏而不漏。

2.an act is not a crime unless the law says it is one.法无明文规定者不为罪。

3.this contract is made of one original and two duplicate originals, all of which are of the same effect.本合同一式三份，具有同等效力。

4. the law does not concern itself about family trifles.法律难断家务事。

5.this document is legally binding.该文件具有法律约束力。

6. this law is in abeyance.此法暂缓执行。

7. this law has become a dead letter.此法已成为一纸空文。

8. this law will go into effect on the day of its promulgation.本法自公布之日起施行。

9 the court dismissed the action.法院驳回诉讼。

10. the court ordered the case to be retried.法院命令重审此案。

.11.giving the killer what he deserves.予杀人者以应得之罪。

12. hate the sin but not the sinner.可恨的是罪行而非罪人。

13.everyone has the right to freedom of expression.每个人都享有言论自由。

14. everyone is equal before the law.法律面前人人平等。

15. first in time, first in right.先在权利优先。

英美法上重罪谋杀罪原则的介绍与评析

英美法上重罪謀殺罪原則的介紹與評析大綱：壹、前言一、研究的緣起二、相關概念的說明（一）重罪（二）謀殺罪（三）重罪謀殺罪與重罪謀殺罪原則貳、英國重罪謀殺罪原則的產生與發展一、歷史上的起源二、理論基礎（一）污點理論（二）邪惡的心理論（三）違法肇因者原則三、近代的發展：由限制到廢除參、美國重罪謀殺罪原則的發展一、歷史發展過程的簡介二、主觀要件三、因果關係四、共犯問題肆、刑法基礎理論的建構與相關的批評一、移轉的犯意理論（一）移轉的犯意理論的介紹（二）罪刑均衡原則的檢驗（三）結論性的推定與正當程序條款二、嚴格責任理論（一）嚴格責任理論的介紹（二）嚴格責任的檢討（三）預防理論的檢驗伍、重罪謀殺罪原則的現狀一、限制性採用的模式介紹二、立法者列舉的重罪三、本質上危險的重罪四、事實上危險的重罪五、犯罪構成要件行為六、獨立的重罪原則七、近因理論陸、結論壹、前言一、研究的緣起結果加重犯（erfolgsqualifizierte Delikte）1在大陸法系國家的刑法學界是一個十分受到重視的問題，2而英美法上的重罪謀殺罪原則3（felony murder rule）長期以來也是一個爭論激烈而尚未妥善解決的1我國刑法學界的用法中有使用「結果加重犯」與「加重結果犯」。

由刑法第十七條所規定之「因犯罪致發生一定的結果，而有加重其刑之規定者」可知，本類型犯罪所強調的重點在：法律所規定的較重結果的發生是刑罰加重的事由。

由前述說明可知，「結果加重犯」用語比較能表達出本犯罪類型的特質，故本文選用之。

2以我國為例，最近一次的刑法修正增加了結果加重犯立法型態的比重。

請參見公共危險罪章之刑法第一百八十九條之二第二項、第一百九十條之一第三項與第一百九十一條之一第三項，以及妨害性自主罪章之第二百二十六條。

3雖然本文的題目為「英美法上的重罪謀殺罪原則」，但必須先說明的是，英國已經廢除重罪謀殺罪。

儘管歷來有許多反對的聲音，美國至今仍保留此一原則。

美国刑法中的重罪谋杀罪规则评析

美国刑法中的重罪谋杀罪规则评析【内容提要】重罪谋杀罪是英美刑法中比较特殊，并引起很多批评和质疑的罪名。

目前，美国大部分州的刑法仍保留有该罪名，但其适用范围和条件受到越来越多的限制，实际上被限于在实施重罪过程中故意或过失造成死亡结果的情形：由于该罪名的设置仍具有一些积极意义且限制了适用范围，尽管存在比较严厉的批评之声，但绝大多数州的刑法仍然保留了重罪谋杀罪规则，短期内没有被废除的迹象。

【关键词】重罪重罪谋杀罪美国刑法因果关系一、引言英美普通法和制定法都把杀人罪分为谋杀（murder）和非预谋杀人（manslaughter）。

英美普通法关于谋杀罪的定义是：“有预谋（aforethought）恶意（malice）的非法终止他人生命的行为。

”现在，普通法关于谋杀罪的定义中仍然保留“预谋恶意”一词，但它所包括的内容已经远远超出了其字面的含义。

制定法中的谋杀罪概念则不一定包括“预先谋划”这个要素。

美国《模范刑法典》中有关杀人罪的规定也已经没有使用“恶意”的表述[1]。

在美国各州，谋杀罪所要求的主观要件中的恶意或预谋恶意的含义已经超出他们的字面意义与日常语言中的意义，而是包括以下所述的4种状态：（1）有意的杀人；（2）有意地对他人身体造成严重伤害。

在大部分州，谋杀罪的主观心态并不要求是有意地杀人，有意地对他人身体造成严重伤害也满足谋杀罪的主观方面的要求；（3）在认识发生死亡结果的可能性之下，执意从事风险性行为或者轻率地漠视生命的价值，即具有“邪恶的心”（depraved heart）。

此种有意识的忽视心态足以显现出行为人对他人生命所形成的风险的极度轻率。

几乎所有的州都认为行为人对在这种心态下实施的行为应负谋杀罪的责任，构成“漠视生命价值的谋杀罪”；（4）在故意犯重罪既遂或未遂过程中发生死亡的结果，即构成所谓的重罪谋杀罪[2]。

按照早期普通法，所谓“重罪谋杀罪”是指凡在实行或着手实行重罪过程中造成故意或非故意死亡的情形。

法律英语之犯罪

法律英语之犯罪法律英语之犯罪导语：怎样用英语去表达犯罪的相关问题?下面是YJBYS店铺整理的法律英语之犯罪，欢迎参考!Offense 犯罪1.A crime is a behavior within the definition of the provisions of the criminal law and should be subject to criminal penalty.犯罪是刑法规定范畴的应承担刑事责任的行为。

2.A crime is the behavior that is harmful to the society and should be punished with criminal penalty.犯罪是具有社会危害性的.行为，应当受到刑法处罚。

3.A sin takes in everything done, said and willed against right reason.罪包含所有违背正确理性的行为、言词和意志。

4.A witness's credibility noticeably diminishes as the enormity of the crime or the unlikeliness of its circumstances increase.罪行越严重，情节越难以置信，证据的尺度应越严格。

5.An act does not make a person guilty of a crime unless the mind is also guilty.没有主观过错的行为不会令行为人有罪。

6.An intoxicated person who commits a crime shall bear criminal responsibility.醉酒者犯罪应负刑事责任。

7.By selling alcohol to minors, the shop is deliberately flouting the law.向未成年人出售烈酒，是商店故意犯罪。

美国刑事诉讼法规定英文版

美国刑事诉讼法规定英文版In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law …在一切刑事訴訟中，被告應享受下列之權利：發生罪案之州或區域之公正陪審團予以迅速之公開審判，其區域當以法律先確定之；Sheppard v. Maxwell, 384 U.S. 333 (1966), was a United States Supreme Court case that examined the rights of freedom of the press （新聞自由）as outlined in the 1st Amendment when weighed against a defendant…s right to a fair trial （受公平審判權）as required by the 6th Amendment.After suffering a trial court conviction（定罪）of second-degree murder（二級謀殺）for the bludgeoning （棍棒毆打的）death of his pregnant（懷孕的）wife, Sam Sheppard challenged the verdict（陪審團裁定）as the product of an unfair trial（不公正審判）.Sheppard, who maintained his innocence（無辜）of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial（有偏見的）publicity（公開宣揚）that attended（出席、伴隨）his prosecution（起訴）.陪審團宣告無罪Once acquitted（宣告無罪）, a defendant may not be retried （重新審判）for the same offense（同一犯罪行為）: “A verdict （陪審團裁定）of acquittal（宣告無罪）, although not followed by any judgment（法院判決）, is a bar to a subsequent prosecution for the same offense.“ Acquittal by a jury is generally final and cannot be appealed（上訴）by the prosecution（檢方）.法院自己判無罪An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution（檢方）. A trial judge may normally enter an acquittal if he deems the evidence insufficient for conviction（不足以定罪）. If the judge makes this ruling before the jury reaches its verdict, the judge…s determination is final. If, however, the judge overrules（推翻）a conviction by the jury, the prosecution may appeal to have the conviction reinstated（恢復）證據不足撤銷定罪If a defendant appeals a conviction and is successful in having it overturned（推翻）, they are subject to retrial（接受重審）.An exception arises if the verdict is overturned on the grounds of evidentiary insufficiency（證據不足）, rather than on the grounds of procedural faults（程序錯誤）.不同罪名Another exception arises in cases of conviction for lesser offenses（較輕罪名）. If a defendant charged with murder in the first degree（一級謀殺）is convicted for murder in the second degree, and later the jury…s conviction is overturned on procedural grounds, the defendant may be retried for second degree but not firstdegree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly（暗示）acquitted them of first degree murder.同一犯罪De fendants may not more than once be placed in jeopardy for the “same offense”（同一犯罪行為）. Sometimes, however, the same conduct may violate different statutes. The defendant had first been convicted of operating an automobile without theowner…s consent, and l ater of stealing（偷竊）the same automobile. The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense. Therefore, it overturned the second conviction.審判無效mistrialMistrials（審判無效）are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.Furthermore, if a jury cannot reach a verdict（陪審團無法達成裁定）, the judge may declare a mistrial and order a retrial. When the defendant moves for（提議）a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion.雙重主權The clause, it has been held, does not prevent separate trials by different governments, and the state and federal governments are considered “separate sovereigns”（不同主權）. Therefore, one may be prosecuted for a crime in a state court, and prosecuted for the same crime in another state, a foreign country, or (most commonly) in a federal court.球隊隊員強暴啦啦隊員In March 2006 Crystal Gail Mangum, an African American student at North Carolina Central University who worked as a stripper（脫衣舞女）,dancer and escort（儀隊）, falsely accused three white Duke University students, members of the Duke Blue Devils men…s lacrosse（曲棍球）team, of raping her at a party held at the house of two team's captains in Durham, NorthCarolina on March 13, 2006.DNA檢測Shortly after the party, the prosecution ordered 46 of the 47 team members to provide DNA samples.On Monday, April 10, 2006, it was revealed that DNA testing had failed to connect any of the 46 tested members of the Duke University men's lacrosse team.照片指認問題During the photo identifications（照片指認）, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity.this was essentially a “multiple-choice test（複選題）in which there were no wrong answers",… "[t]he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.' U.S. Department of Justice guidelines suggest to include at least five non-suspectfiller photos for each suspect included撤回起訴On April 11, 2007, North Carolina Attorney General Roy Cooper dropped（撤回）all charges and declared the three players innocent（無辜）. Cooper stated that the charged players –Reade Seligmann, Collin Finnerty, and David Evans –were victims of a “tragic rush to accuse.”（急於指控之悲劇）檢察官被除名That June, Nifong was disbarred for “dishonesty（不誠實）, fraud（詐欺）, deceit （欺騙）and misrepresentation（不實陳述）”, making Nifong the first prosecutor in North Carolina history to lose his law license（證照）based on actions in a case. Nifong was found guilty of criminal contempt（藐視）and servedone day in jail. Mangum never faced any charges for her false accusations as Cooper declined to prosecute her.法律倫理“Legal ethics” （法律倫理）in the United States is generally understood to primarily apply to lawyers, while codes of professional responsibility（專門職業人員責任）also apply in a derivative sense (indirectly) to non-lawyers who work with lawyers, such as paralegals（律師助理、法務）or private investigators（私人調查員）.美國律師公會職業行為規則The American Bar Association （美國律師公會）has promulgated（公布）the Model Rules of Professional Conduct （職業行為模範規則）which, while formally only a recommendation by a private body, have been influential in many jurisdictions.各州州法自行規定律師執業守則In the United States, the practice of law is regulated by the governments of the individual states and territories（領域）.Each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems.各州懲戒權Every town in the United States has a regulatory（管制性）body (usually called a state bar association) that polices（維持）lawyer conduct. When lawyers are licensed （被許可）to practice(職業) in a state, those lawyers subject themselves to this authority. Overall responsibility often lies with the highest court in a state (such as state supreme court).懲戒Lawyers who fail to comply with（遵守）local rules of ethicsmay be subjected to discipline（懲戒）ranging from private (non-public) reprimand（訓斥）to disbarment （取消資格）.。

介绍刑法英文作文

介绍刑法英文作文Criminal law is a set of rules and regulations that define certain actions as crimes and provide punishment for those who commit them. It serves as a deterrent to prevent people from engaging in unlawful behavior and as a means of protecting the public from harm.The principles of criminal law are based on the idea that individuals should be held accountable for their actions and that punishment should be proportionate to the harm caused. It also includes the concept of due process, which ensures that individuals accused of crimes are given a fair trial and the opportunity to defend themselves.Criminal law covers a wide range of offenses, from minor infractions such as traffic violations to serious crimes like murder and robbery. It also encompasses white-collar crimes, such as fraud and embezzlement, as well as offenses related to drugs, weapons, and organized crime.The enforcement of criminal law is the responsibilityof law enforcement agencies, prosecutors, and the judiciary. Police officers investigate crimes, gather evidence, and make arrests, while prosecutors present the case in court and seek to prove the defendant's guilt. Judges and juries then determine the outcome of the trial and impose sentences on those who are found guilty.The purpose of criminal law is not only to punish offenders but also to rehabilitate them and protect society from future harm. This may involve imposing fines, community service, probation, or imprisonment, as well as providing access to programs aimed at addressing the underlying causes of criminal behavior.In addition to the criminal justice system, criminallaw also includes provisions for victims' rights, such as the right to restitution and the right to be informed and heard throughout the legal process. These rights are intended to ensure that victims are treated with dignityand respect and that they have a voice in the resolution of the case.Overall, criminal law plays a crucial role in maintaining social order and promoting justice in society. It provides a framework for addressing wrongdoing, holding individuals accountable for their actions, and protecting the rights and safety of the public.。

关于谋杀案的英语作文

关于谋杀案的英语作文英文回答：In the realm of criminal justice, the investigation and prosecution of murder cases are paramount in upholding the rule of law and ensuring the protection of society. The intricacies of murder investigations often involve a complex interplay of forensic evidence, witness testimony, and legal procedures, making them both fascinating and challenging for law enforcement and the judicial system.One of the most crucial aspects of murderinvestigations is the collection and analysis of physical evidence. Forensic experts meticulously examine the crime scene, searching for clues such as fingerprints, DNA, blood spatter, and any other trace evidence that may link the suspect to the crime. These pieces of evidence can provide valuable insights into the sequence of events and potentially identify the perpetrator.Witness testimony also plays a significant role in murder investigations. Eyewitnesses can provide firsthand accounts of the incident, offering crucial informationabout the suspect's appearance, behavior, and any other relevant details. However, the reliability of eyewitness testimony can vary, and investigators must carefully assess the credibility of witnesses to ensure the accuracy oftheir accounts.Beyond the collection of evidence, the investigation of murder cases often involves extensive interviews with suspects and witnesses. Detectives interrogate suspects to gather their statements, assess their alibis, and searchfor inconsistencies in their accounts. Witnesses are also interviewed to corroborate or challenge the suspect's statements and provide additional information about the crime.Once sufficient evidence has been gathered, prosecutors work to build a strong case against the suspect. They present the evidence to a grand jury to obtain an indictment, which formally charges the suspect with a crime.The case then proceeds to trial, where prosecutors must prove the suspect's guilt beyond a reasonable doubt.Murder trials are often complex and emotionally charged, with both the prosecution and defense presenting their evidence and arguments before a jury or judge. The jury or judge is responsible for determining the defendant's guiltor innocence based on the evidence presented.If convicted of murder, the defendant faces severe penalties, including imprisonment or even the death penalty in some jurisdictions. The sentencing phase of the trial allows the court to consider mitigating and aggravating factors that may influence the severity of the sentence.中文回答：谋杀案调查和起诉是刑事司法领域最重要的内容，旨在维护法治并确保社会的安全。

美国著名八大刑事案件

美国著名八大刑事案件第一篇：美国著名八大刑事案件美国历史上影响最大的八个刑事裁决一、“马普诉俄亥俄州”案（Mapp v.Ohio，1961）：排除非法搜查取得的证据克利夫兰（Cleveland）的警察在没有搜查许可证的情况下查抄了多瑞.马普（Dollree Mapp）的家并发现淫秽材料，虽然《第四条修正案》（Fourth Amendment）和《第十四条修正案》（Fourteenth Amendment）的“适当法律程序条款”保护她不受不适当执法程序之害。

最高法院推翻了对多瑞.马普的判罪，认为“证据排除规则”（exclusionary rule）适用于州法院审理的公民，因为除非在这种非法搜查中取得的证据被排除，谴责非法搜查是毫无意义的。

二、“吉迪恩诉温赖特”案（Gideon v.Wainwright，1963）：重罪案件必须有律师帮助佛罗里达州（Florida）的克拉伦斯.吉迪恩（Clarence Gideon）被控闯入台球房并取走售货机里的钱。

在该州这被视为重罪。

审讯时，吉迪恩由于无力聘请律师而请求法庭为他指定一名。

但法庭拒不提供，指出佛罗里达州的法律规定只是可能被判处极刑的案件方允许获得律师协助。

吉迪恩出庭受审并竭尽全力为自己辩护，但仍被证明有罪并判处有期徒刑5年。

他向最高法院上诉，宣称依据《第十四条修正案》他所享有的请律师协助的权利被侵犯。

最高法院推翻了裁决，并允许重新审理。

这次在律师协助下，他被证明无罪。

三、“高尔特”案（In Re Gault，1967）：应向未成年人提供辩护律师亚利桑那州（Arizona）15岁的少年杰拉尔德.高尔特（Gerald Gault）因打内容下流电话被控有罪后判处有期徒刑6年。

该案引人注目不仅因为量刑严重（犯有同样罪行的成年人充其量也只会判50美元罚款或两个月监禁），还因为高尔特未成年而不得享有成人刑事被告所有的正当法律程序（due process）。

如果他是成年人，他本应有权获得辩护律师，并有机会面对控告他的人。

介绍刑法的英文作文

介绍刑法的英文作文Criminal law, also known as penal law, is the body of law that relates to crime. It regulates social conduct and prescribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws.Criminal law is different from civil law, which deals with disputes between individuals and/or organizations. Criminal law deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual.The purpose of criminal law is to protect society by maintaining order and to protect individuals and property. Criminal law also seeks to deter individuals from committing crimes, and to provide punishments for those who do so.Criminal law covers a wide range of offenses, from minor infractions such as traffic violations or petty theft to serious crimes like assault, robbery, and murder. The law also encompasses criminal procedures, evidence, and the rights of the accused.The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. This system includes law enforcement, the courts, and the correctional system. It is designed to maintain social order and to enforce the laws of the land.。

司法审查的英文作文题目

司法审查的英文作文题目下载温馨提示:该文档是我店铺精心编制而成，希望大家下载以后，能够帮助大家解决实际的问题。

文档下载后可定制随意修改，请根据实际需要进行相应的调整和使用，谢谢!并且，本店铺为大家提供各种各样类型的实用资料，如教育随笔、日记赏析、句子摘抄、古诗大全、经典美文、话题作文、工作总结、词语解析、文案摘录、其他资料等等，如想了解不同资料格式和写法，敬请关注!Download tips: This document is carefully compiled by theeditor. I hope that after you download them,they can help yousolve practical problems. The document can be customized andmodified after downloading,please adjust and use it according toactual needs, thank you!In addition, our shop provides you with various types ofpractical materials,such as educational essays, diaryappreciation,sentence excerpts,ancient poems,classic articles,topic composition,work summary,word parsing,copyexcerpts,other materials and so on,want to know different data formats andwriting methods,please pay attention!Judicial review is a crucial aspect of the legal system. It allows for the examination of the constitutionality of laws and government actions. This process ensures that the government is held accountable and that the rights of individuals are protected.One of the key benefits of judicial review is that it serves as a check on the power of the legislative and executive branches of government. This helps to prevent the abuse of power and ensures that laws and actions are inline with the principles of the constitution.In addition, judicial review allows for the protectionof individual rights and liberties. It provides a mechanism for individuals to challenge laws and government actionsthat may infringe upon their rights, ensuring that justiceis upheld and that the rule of law is maintained.Furthermore, judicial review promotes the stability andconsistency of the legal system. By examining the constitutionality of laws and actions, it helps to ensure that the legal framework remains coherent and thatdecisions are made in accordance with established legal principles.However, judicial review is not without its criticisms. Some argue that it can lead to judicial activism, where judges may overstep their authority and make decisionsbased on personal beliefs rather than the law. This raises concerns about the balance of power between the branches of government.Despite these criticisms, judicial review remains an essential component of the legal system. It plays a vital role in upholding the principles of justice, accountability, and the rule of law, and it serves as a safeguard against the abuse of power.。

法律实用英语及翻译：陪审团作出了无罪裁定

法律实用英语及翻译：陪审团作出了无罪裁定 A：What the result of the jury?
陪审团的结果是什么？
B：The jury brought in a verdict of not guilty.
陪审团作出了无罪裁定。

The judge brought in a verdict of guilty.
法官作出了有罪裁定。

The headmaster brought in a verdict of open-book exam.
校长作出了开卷考试的决定。

I brought in a verdict of importance.
我作出了一个重大决定。

延伸阅读：
A：The jury was unable to reach a unanimous decision.
陪审团未能达成意见一致的裁决。

B：The decision is so difficult.
裁决这么困难。

The jury was unable to conclude a unanimous decision.
陪审团未能达成意见一致的裁决。

The jury was unable to enter into a unanimous decision.陪审团未能达成意见一致的裁决。

They were unable to reach an agreement.他们没能达成一致。

口译单词law and crime

他被判死刑deathpenaltydeathsentenceilih死刑capitalpunishment死刑capitalprisoner死刑犯lifesentencelifeimprisonment无期徒刑sentencesomebodyto10yearsimprisonment判10年civildeath剥夺政治权利deprivesomebodyofhispoliticalright剥夺政治权利lowercourt初级法院intermediatecourt中级法院supremecourt高级法院jd法官judge法官lawyerattorneycounsellor律师lawfirmslawoffice律师事务所consulfee律师费plaintiff原告defendant被告accusesomebodyofsomething控告bringasuitagainstsomebody控告prosecutor控方律师lawsuit诉讼civillawsuits民事案criminallawsuit刑事案civillaw民法criminallaw刑法submitacasetothecourt起诉defendacaseincourtaccused辩护pleadforthejury陪审团pronounceasentencepronounceajudgment宣判appealtothehighercourt上诉changetheoriginalsentence改判upholdtheoriginaljudgment坚持原判upholdtheoriginaljudgment坚持原判winalawsuit胜诉losealawsuit败诉successfulparty胜方defeatedlosingparty败方intentionaloffense故意犯罪involuntaryoffense过失犯罪crimerate犯罪率attemptedcrime犯罪未遂attemptedsuicide自杀未遂attemptedmurder谋杀未遂probation缓刑试用期pyouwillbeonprobationforthefirst3monthsofyournewjobparole假释parolee获假释者hewasreleasedonparoletoattendhisdanse 过失犯罪 crime rate 犯罪率 attempted crime 犯罪未遂 attempted suicide 自杀未遂 attempted murder 谋杀未遂 probation 缓刑，试用期 You will be on probation for the first 3 months of your new job. parole 假释 parolee 获假释者 He was released on parole to attend his daughter’s wedding.

刑法英语作文

刑法英语作文Criminal law also known as penal law is the body of law that defines crimes regulates the imposition of penalties and establishes the procedures for the investigation prosecution and trial of criminal offenses. Here is an essay on the topic of criminal law in EnglishTitle The Importance of Criminal Law in SocietyIntroductionCriminal law is a crucial component of any legal system. It serves to protect society by defining and punishing actions that are considered harmful to the community. This essay will explore the importance of criminal law its functions and the role it plays in maintaining order and justice.Body1. Definition of Criminal LawCriminal law encompasses a wide range of offenses from minor infractions to serious crimes such as murder and theft. It is designed to deter individuals from engaging in criminal behavior and to ensure that those who do commit crimes are held accountable for their actions.2. Functions of Criminal Lawa. Deterrence One of the primary functions of criminal law is to deter individuals from committing crimes. The threat of punishment serves as a powerful incentive for people to abide by the law.b. Retribution Criminal law also provides a means of retribution for victims of crime. It allows society to express its disapproval of criminal behavior and to impose penalties that are proportionate to the severity of the offense.c. Rehabilitation In some cases criminal law aims to rehabilitate offenders by providing them with opportunities for education counseling and other forms of support to help them reintegrate into society.d. Restitution Criminal law can also require offenders to make restitution to their victims compensating them for any harm or loss they have suffered as a result of the crime.3. The Role of Criminal Law in Societya. Protection of Citizens Criminal law plays a vital role in protecting the rights and safetyof citizens. By defining and punishing criminal behavior it helps to create a secure environment in which people can live and work.b. Preservation of Social Order Criminal law helps to maintain social order by establishing norms and values that are considered acceptable within a society. It provides a framework for resolving conflicts and disputes in a peaceful and lawful manner.c. Promotion of Justice Criminal law is essential for the promotion of justice. It ensures that offenders are fairly tried and punished according to the severity of their crimes while also protecting the rights of the accused.4. Challenges in Criminal Lawa. Balancing Punishment and Rehabilitation One of the challenges in criminal law is finding the right balance between punishment and rehabilitation. While it is important to hold offenders accountable it is also necessary to consider their potential for reform and reintegration into society.b. Ensuring Fairness Another challenge is ensuring that the criminal justice system is fair and impartial. This involves addressing issues such as racial bias socioeconomic disparities and the rights of the accused.ConclusionCriminal law is an essential aspect of any society serving to protect its citizens preserve social order and promote justice. While there are challenges in balancing punishment with rehabilitation and ensuring fairness the importance of criminal law in maintaining a safe and just society cannot be overstated. By understanding and addressing these challenges we can work towards a more equitable and effective criminal justice system.。

法律专业青少年犯罪外文翻译文献编辑

文献信息文献标题：Poverty and delinquency: A qualitative study on selected juvenile offenders in Malaysia（贫穷与犯罪：对马来西亚部分青少年犯的定性研究）文献作者：Tai Soo Shong，Siti Hajar Abu Bakar，M Rezaul Islam文献出处：《International Social Work》,2018:1-15.字数统计：英文3110单词，16842字符；中文5223汉字外文文献Poverty and delinquency: A qualitative study on selectedjuvenile offenders in MalaysiaAbstract This qualitative case study explored the voices of juvenile offenders in Malaysia who were plagued with poverty, and brought to light their plight. The purpose of this study was to examine the effects of poverty on the delinquent character and behavioural development of the children on three major crime-enhancing themes – miserable family conditions, school failure and association with deviant peers – to get a broader view of how poverty could influence their life trajectory. The purposive maximum variation sampling method was used in the selection of six young offenders between the ages of 13 and 17 years from Sekolah Tunas Bakti Sungai Besi, Kuala Lumpur, Malaysia. A multiple data collection method that included observation, in-depth case study and document analysis was used for data collection. Results showed that three major crime-enhancing themes due to poverty were strongly related to children’s delinquent character and behavioural development. The knowledge gained from this study will further contribute to understanding the real-life experiences of juvenile offenders, particularly those who are experiencing extreme deprivation, and it is hoped that the insight gained could help in the prevention and control of juvenile delinquent behaviour in Malaysia.Keywords: Delinquency, deviant peers, juvenile offenders, Malaysia, miserable family conditions, poverty, school failureIntroductionThe developmental risks associated with poverty and economic disadvantage have been well documented, but the processes that account for the relations between poverty and children’s development have not been thoroughly explored (Bradley and Corwyn, 2002; McLoyd, 1998; National Institute of Child Health and Human Development Early Child Care Research Network, 2005). Socio-economic status has always been used as a means to provide an explanation for juvenile delinquent behaviour (Bjerk, 2007; Leiber et al., 2009). The literature has shown that poverty and low socio-economic status in childhood are powerful risk factors that have always been associated with substance abuse, crime and delinquency (Bjerk, 2007; D’Onofrio et al., 2009; Galloway and Skardhamar, 2010). In general, one cannot deny the fact that lack of financial resources is one of the greatest reasons why some people turn to illegal means for the sake of survival. Economic hardship often results in spiritual, emotional and material deprivation, all of which could exacerbate antisocial behaviour among children.Agnew et al. (2008) argued that the relationship between economic problems and delinquency is nonlinear, such that only the experience of economic problems is associated with higher delinquency. They found that the relationship between socio-economic status and economic problems is only moderate in size. The fact that the rich get richer and the poor get prison (Reiman and Leighton, 2013) does have its repercussions, as one cannot deny the painful truth that the moment a child is born into a poor family, he or she may have to face a bleak future. In the process of struggling for existence some may thrive well, but many of them will end up being victims of fate and circumstances. One cannot deny the fact that risk factors leading to later damage occur more frequently among children in families that are poor, and still more frequently among families that are persistently poor and live in areas of concentrated poverty (Schorr and Schorr, 1989: 29). Needless to say, children aremore likely to fare badly in life if their parents have a low education level, and/or low occupational status, or are unemployed. However, it should be noted that poverty is not restricted to one dimension, for example income, but it manifests itself in all domains of life, such as housing, education, health (Deleeck and Van den Bosch, 1992: 3) and one’s daily activities.Literature reviewThis study underpins three main concepts: poverty, delinquency and juvenile offenders. Poverty transcends the traditional definition of a shortfall in income levels. In other words, income levels are not the only determinant of poverty. Poverty is a multidimensional concept (Akindola, 2009). Peter Townsend, a leading authority on UK poverty, defines poverty as when someone’s ‘resources are so seriously below those commanded by the average individual or family that they are, in effect, excluded from ordinary living patterns, customs and activities’ (Seymour, 2009: 15). According to Booth (cited in Fried and Elman, 1971), the ‘poor’ are those whose means may be adequate, but are barely sufficient for a decent independent life; the ‘very poor’ are those whose means are insufficient for this according to the usual standard of life in this country. Delinquency is an act or conduct of a juvenile that is socially undesirable. Juvenile delinquency generally means the failure of children to meet certain obligations expected of them by society. The blame can be placed on factors ranging from a child’s embryonic development to dysfunctional families, dilapidated schools, abject poverty, peer relations, low self-control or any combination of these and other issues (Joshi, 2013). Juvenile delinquent behaviour refers to the behaviour committed by someone below 18 years of age that violates criminal law (Houston and Barton, 2005). These delinquent behaviours can range from less severe behaviours such as abusing the school rules, absenteeism, school truancy, cigarette smoking and vandalism to more severe crimes such as stealing, robbery, substance abuse, rape and weapon possession (Choon et al., 2013). Based on the law in Malaysia, the term juvenile delinquent refers to a young person who has committed a criminal offence and has been given a court order (Maznah, 2007). TheMalaysian Ministry of Education states that delinquency in school includes violation of both the Penal Code and the school norms. In Malaysia, two forms of status offences are recognizable, namely, being beyond the control of parents and being exposed to moral danger (Hussin, 2007). According to the Prison Act 1995, a juvenile or a young offender is defined as ‘a prisoner who is under the age of 21 years’ (Kassim, 2006). Students may be punished by the school authorities for behavioural misconduct such as vandalism, fighting, smoking and truancy, as well as for minor misbehaviour including disrespect to others, impoliteness, inappropriate or messy school attire or appearance, and bringing to school items that are banned, such as mobile phones (Choon et al., 2013).Since poverty can lead to various kinds of delinquent activities, one cannot deny the fact that it is directly related to juvenile delinquency (Prochnow and Defronzo, 1997) as it not only leads to stressful living conditions, but also creates situations that are conducive to antisocial activities. Earlier studies of the relationship between socio-economic status and juvenile delinquency have shown that it is mostly a low social class problem. Defined as ‘an act by a juvenile under the age of 18 that if committed by an adult would constitute a crime, a disorderly person offense, a petty disorderly person offense, or a violation of any other penal statute, ordinance or regulation’ (New Jersey Judiciary, 2012), delinquency is inextricably related to poverty in the four primary settings affecting child development, namely, family, school, peer groups and communities.Previous studies have shown that children who live in persistent or chronic poverty have less favourable cognitive and social development and poorer physical and mental health than those who live in transitory poverty (Costello et al., 2003; McLeod and Nonnemaker, 2000). Many studies have shown that poverty-related stress can have serious repercussions on a child’s upbringing and development due to lack of family integration as consequences of inevitable life circumstances such as anxiety, depression, discrimination and hostility (Wadsworth et al., 2008). ‘Family stress caused by problems with the fulfilment of the family economic function, affects the way parents fulfil their parental role’ (Banovcinova et al., 2014), which clearlyexplains the reason why parents who encounter serious financial constraints tend to have delinquent children. Parents who feel emotionally insecure themselves often have difficulty coping with the many responsibilities of parenthood, and this is clearly manifested in the way in which they bring up their children. Family conflict, increased irritability, poor supervision, harsh discipline and erratic punishment are but some of the more common occurrences in families threatened with financial crisis (Guajardo et al., 2009). This clearly explains why children who come from poor families are more likely to drop out of school, associate with deviant peers and participate in antisocial activities.Given the negative impact of poverty on children, this study intended to investigate the consequences of poverty and how it affects the behavioural and character development of children. Since most studies in this field conducted by local researchers are quantitative by nature – that is, they have the tendency to emphasize the statistical relationships between poverty and delinquency – a more in-depth analysis through the actual worldviews of the juvenile offenders pertaining to this chronic social phenomenon is necessary, and we aimed to fill this gap in the present study via a holistic qualitative approach as this could provide for a deeper insight into their real-life experiences.Research objective and methodologyResearch objectiveThe purpose of this study was to examine the effects of poverty on the character and behavioural development of the Malaysian children. This study explored these effects on three major crimeenhancing themes that were strongly related to poverty, namely, miserable family conditions, school failure and association with deviant peers.MethodologyResearch approach and research method. The research approach was qualitative. This approach enabled us to gain a deeper insight into the phenomenon under investigation based on the experiences of the juvenile offenders in a natural setting. Italso provided a more thorough understanding of the phenomenon under investigation, hence getting the voices of the juvenile offenders heard. Here, we wanted to understand the effects of poverty on the character and behavioural development of the children while they are experiencing difficult family conditions, failing at school and associating with deviant peers. This study followed a case study method, where the cases were multiple in nature. Our main objectives for using this method were the contradictory behaviours, beliefs, opinions, emotions and relationships of individuals (Mack et al., 2005), which contribute greatly to a better understanding of the phenomenon under investigation.Sampling and respondents’ profiles. A purposeful maximum sampling was used for the selection of participants to generate a rich and descriptive picture of their lived experiences for this study. Six participants (four Malay boys, one Chinese boy and one Indian boy) between the ages of 13 and 17 years from Sekolah Tunas Bakti Sungai Besi, Kuala Lumpur, Malaysia, were selected from a population of 99 juvenile offenders, who were incarcerated in a juvenile prison in Malaysia. This method of sampling was used for the purpose of heterogeneity so as to create a more diverse picture of the phenomenon under investigation.Data collection methods and instruments.This study used multiple qualitative data collection methods such as observation, in-depth case interview and document analysis. An unstructured guideline was developed for in-depth case study of the children. Two separate sets of checklists were prepared for observation and documentation survey. The in-depth case interviews with the children were conducted in an informal conversational manner in a quiet room in the institution/school. An audio tape recorder was used to record all information and then transcribed verbatim in full length so as to capture every word (including pauses and repetitions) that came from the mouths of the participants. Notes and reflection were also jotted down during the interviews for the purposes of accuracy and transcription. For those interviews that are originally conducted in Bahasa or Chinese, every attempt was made by the researchers to translate them into English without losing their originality. This study recorded children’s behaviours using observation guidelines. This study used ‘Web ofScience’ and ‘Scopus’ search engines for literature reviews that included journal articles, books and conference proceedings.DiscussionThis qualitative case study reported six young offenders’ (between the ages of 13 and 17 years) delinquent character and behavioural development with a broad view of how poverty could influence their life trajectory in Malaysia. This study used three major crime-enhancing themes that were strongly related to poverty: miserable family conditions, school failure and association with deviant peers. According to the experiences of six young people, the study found that difficult family conditions, school failure and association with deviant peers due to the poverty of their families were strongly related to the development of their delinquent behaviours.First, our study showed that the difficult family conditions created various forms of deprivation in the families. Due to the parents’ low qualifications and skills, they did not have good jobs and were sometimes jobless. All six participants in our study mentioned that they could not fulfil their needs during their school time, and as a result they were involved in stealing. Our study findings were similar to a couple of studies such as those by Burrell and Roosa (2008) and Clarke-Stewart et al. (2000). If poverty can have such drastic effects on poor children from intact families, then it is most likely that children from poverty-stricken single mother families are more likely to fare worse in life (Burrell and Roosa, 2008). In actual fact, it is not just the divorce itself but rather the mother’s education level and income that affect the well-being of the children after a divorce (Clarke-Stewart et al., 2000). This is because many single mothers lack necessary qualifications and skills, thus rendering it difficult for them to secure proper employment. A couple of studies also found that maternal job loss can have serious repercussions on children’s behaviour (Hill et al., 2011; Kalil and Wightman, 2011) particularly in single mother families.Second, our study showed that children’s failure at school was directly related to their parents’ poverty. Our study established a link between children’s lower test scores and dropout with poverty. We found that the dropout children looked for workin order to help their parents and to fulfil their individual needs. The stress of poverty jeopardized children’s educational attainment since many poor parents did not place any importance on their children’s academic performance due to the lack of time spent monitoring them, nor could they afford to pay for their tuition fees and revision books. In actual fact, some of these poor parents were only too glad that their children had stopped attending school and were helping to support the family. Socio-economic factors are therefore related indirectly to children’s academic achievement through parents’ beliefs and behaviours (Davis-Kean, 2005). Studies have shown that constant parental monitoring and assistance with homework greatly enhance their children’s academic achievement (Lowe and Dotterer, 2013; Patall et al., 2008; Van Voorhis, 2011), but the opposite seems to be true for children who lack guidance in their studies.Third, this study proved that poverty pushed the children to associate with their delinquent peers. This is because poorer children limited their peer groups to similar socio-economic classes. Our study showed that children were involved in some criminal activities such as stealing, robbery and burglary in order to fulfil their individual needs. However, bad group association was seen as a fundamental factor in youth crime since juveniles who ventured into crime were not entirely alone but were members of various peer groups. According to the World Youth Report (2003), the statistical data in many countries showed that delinquency was largely a group phenomenon and that between two-thirds and three-quarters of all juvenile crimes occurred in groups. These peer groups are well known for their high levels of social cohesiveness, hierarchical organization and a certain code of behaviour based on the rejection of adult values and experience. In these peer groups, influences often take place through face-to-face interactions by way of a number of ‘proximal processes’ (Bronfenbrenner and Morris, 1998). Through peer associations, a child may be encouraged to skip classes, play truant from school, visit cyber cafes, smoke, take drugs or participate in illegal activities. Deviant behaviour is not uncommon to many of these peer groups and may even have an important role to play in some of these groups as a means of survival. When poor children cum school failures get together,there is a great likelihood that they may resort to some kind of criminal activities such as burglary, theft or robbery in order to make money to buy the things that their parents cannot afford to give them.ConclusionDespite a number of limitations such as a small number of sampled children, narrow focus and lack of generalizability, the study gave a snapshot of the factors of poverty that exacerbated children’s delinquent behaviours. Poverty can lead to severe financial constraints, family stress and hardship, strained parent–child relationships, family conflict, parental divorce, school failure and association with bad company (Kalil and Wightman, 2011; Oreopoulos et al., 2008), all of which can have adverse effects on the children. These factors are clearly exhibited in the lives of our respondents. Given these crime-enhancing factors, any child can easily be tempted to commit a crime. Our respondents are only ordinary young people who are trying to live up to the expectations of their peers. Since they cannot do so through legitimate means, they have to resort to illegitimate ways to fulfil their dreams.Whenever juveniles commit an offence, people ask ‘What’s wrong with our society?’, ‘Who is to blame?’. Although previous researchers have looked into the effects of poverty on juvenile delinquency, they have failed to look into the fact that poor parents not only lack proper parenting skills, but they are also less concerned with their children’s well-being and academic performance due to their inability to cope with life’s demands. As such, they have contributed a great deal towards their children’s misery, failure at school and delinquent pathways.In order to prevent juvenile delinquent behaviour, the impact of poverty-related factors must be counteracted in some way. This study could enable policy-makers to rethink the present economic situations of the poverty-stricken Malaysian families and come up with plans to tackle the issue. Since poor parenting can have serious repercussions on the children, they should be sent for parenting skill courses so as to improve their ways of managing their children. Schools should be also play a role in the prevention of crime and delinquency through intervention programmes such asextracurricular activities, in order to keep the children busy with meaningful activities at school and protect them from the negative effects of outside influences.中文译文贫穷与犯罪：对马来西亚部分青少年犯的定性研究摘要这项定性案例研究探讨了马来西亚青少年犯饱受贫穷之苦的声音，并揭示了他们的困境。