何家弘《法律英语》第四版第二十一课主要内容.docx

Lesson Twenty One

CRIMINAL PROCEDURE

●The key to an accusatorial process of proof is that the party making the

accusation of wrongdoing bears the burden of proving that the accusation is true.

●对抗制证明程序的关键在于由对罪行提出指控的一方承担证明其指控真实

性的责任。

●The jurors may not assume, simply because the accuser represents the state, that

his allegations are true. The prosecutor, as the accuser, must persuade the jurors, by reference only to evidence produced before them, that the allegations in the charging instrument are accurate.

●陪审团员不会只因为控诉方代表国家而相信其指控。作为控诉方，检察官必

须要通过呈现证据来说服陪审员在指控文件中的指控是真实的。

●This burden of persuading the jury is described legally as the “burden of proof”.

●这种说服陪审团的责任在法律上叫做证明责任。

●Placement of the burden of proof on the prosecution means that the defendant

need not establish his innocence; it is the prosecutor that must establish his guilt.

●由控诉方承担证明责任意味着被告人无需证明他是清白的，而是由检察官来

证明被告有罪。

●The defendant can simply sit back, produce no evidence whatsoever, and be

assured of his acquittal if the prosecutor has not produced sufficient evidence to convince the jury that the defendant committed the crime.

●被告人只需要坐着，不需提交任何证据，并获得如下保证：如果检察官提交

的证据不足以证明被告人有罪，则被告人会被宣判无罪。

●The prosecutor’s evidence must be so convincing as to meet another basic

standard of the criminal justice process—that the proof establishes guilt beyond a reasonable doubt. Ø检察官提交的证据必须要有说服力并且要满足刑事司法程序的另一个基本标准，即犯罪证明要超出合理的怀疑。That standard makes the state’s burden of proof a particularly heavy one.

●这个标准加重了国家的证明责任。

●It is simply because the state is the initiating party. In an adversary system,

someone must bear the burden of persuasion, and it is logical to assign that burden to the person asking the court to take action.

●这只是因为国家是诉讼法发起方。在对抗制中，必须由某人来承担证明责任，

而通常都会将这个责任交给向法庭提起诉讼的一方。

●我们的制度所确立的基本价值观就是：

●it is far worse to convict an innocent person than to let a guilty man go free

●使一个无辜的人入罪远远要比让一个有罪的人逍遥法外要坏的多。

●it is better that ten guilty persons escape than one innocent suffer

●让10个有罪的人逃脱要比使一个无辜的人受罪好得多

● A system that views the protection of the innocent as its highest goal is invariably

led to place the burden of proof on the state。

●一个把保护无辜的人的清白看作是其最高目标的制度毫无疑问地会使其国

家承担证明责任。

●If he were forced to carry the burden of proof, all uncertainties as to proof would

be resolved against him.

●如果硬要被告承担证明责任，那么证明过程中的所有不确定因素最后都会不

利于他。

●By placing the burden on the prosecution, the adversary system permits

conviction only where the jurors are affirmatively convinced of defendant’s guilt by the prosecution’s positive showing.

●通过由检察官承担证明责任，对抗制规定了只有在检察官主动向陪审员准确

地证明被告人有罪的情况下才能宣告被告有罪。

●Is quite separate from the burden of proof

●与证明责任不相同

●he obligation of initially introducing evidence

●最先展示证据的义务

●Thus, the prosecution has the obligation of initially presenting evidence on each

element of the crime as well as persuading the jury that those elements existed.

●因此，检控方负有义务先针对每个犯罪构成要件呈示证据以及说服陪审团相

信这些要件的真实性。

●The theft of property at over 100 dollars

●盗窃财物达100美元以上

●The prosecution must first introduce evidence showing that the stolen item was

worth more than 100 dollars.

●检控方一开始须呈示证据证明被告盗窃的物品价值达100美元以上。

●The prosecution cannot sit back and claim that, since the defense has not

introduced any evidence suggesting that the item is worth less than 100 dollars, it must obviously be worth more than 100 dollars.