ChaseDream
搜索
返回列表 发新帖
查看: 3598|回复: 3
打印 上一主题 下一主题

大全-D-5, 大全-D-6

[复制链接]
楼主
发表于 2004-11-17 12:32:00 | 只看该作者

大全-D-5, 大全-D-6

Although its purpose is laudable, the exclusionary rule, which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts. Even when the rights violation was a minor or purely technical one, turning on a detail of procedure rather than on the abrogation of some fundamental liberty, and even when it has been clear that the police officers were acting in good faith, the evidence obtained has been considered tainted under this rule and may not even by introduced. In consequence, defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again.


5.     The author of the passage above assumes all of the following EXCEPT:


(A) The constitutional rights of criminal defendants should be protected.


(B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles.


(C) The number of cases whose outcome has been affected by the exclusionary rule is significant.


(D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses.B


(E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.


6.     It can be inferred from the passage that the author would most likely endorse which of the following proposals?


(A) Change of the exclusionary rule to admit evidence obtained by police officers acting in good faith


(B) A constitutional amendment curtailing some of the protections traditionally afforded those accused of a crime


(C) A statute limiting the application of the exclusionary rule to cases involving minor criminal offenses


(D) Change of the exclusionary rule to allow any evidence, no matter how obtained, to be introduced in courtA


(E) A constitutional amendment allowing police officers to obtain vital evidence by any means necessary when in pursuit of a known criminal



说实话,单词认识,原文看了几遍,没看懂,自然没法做题目.


请大侠们帮忙精确翻译一下,谢谢。


[此贴子已经被作者于2004-11-19 15:05:16编辑过]
沙发
发表于 2004-11-17 13:53:00 | 只看该作者

非侠也,班门弄斧而已,请参考指正。谢谢!

虽然排斥规则其目的是可称道的,但是这一规则禁止法庭考虑已查到的侵害被告人基本权利的证据,往往不恰当地阻挠了执法的努力。甚至有时权利侵害是微不足道的,或纯粹是技术性问题,只是按规定细节,例行公事,而非取消被告的基本权利;甚至有时很明显警官忠诚执法,但根据这一规则,他们获取的证据不足为信或不可采用。最后结果就是,真正犯罪的被告人在被释放后,还会偷盗抢掠。

兰色部分应是结论,剩余部分是补充说明。下面这句我没有把握,the evidence obtained has been considered tainted under this rule and may not even by introduced. 要请大侠们确认一下。

板凳
 楼主| 发表于 2004-11-18 20:42:00 | 只看该作者
谢谢,大意已经明了了。
地板
发表于 2011-9-12 08:46:42 | 只看该作者
the evidence obtained has been considered tainted under this rule and may not even by introduced----取得的证据已经被认为是尊重了被告人的权利,但是也没能提供到法庭上发挥作用,说到底就是无法公开提供有利证据到法庭证明被告有罪,可能也符合西方人认为的在没有可信证据之前,嫌疑人被认为是清白的。
您需要登录后才可以回帖 登录 | 立即注册

Mark一下! 看一下! 顶楼主! 感谢分享! 快速回复:

手机版|ChaseDream|GMT+8, 2024-12-1 03:15
京公网安备11010202008513号 京ICP证101109号 京ICP备12012021号

ChaseDream 论坛

© 2003-2023 ChaseDream.com. All Rights Reserved.

返回顶部