首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
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
admin
2011-05-29
83
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.
We can infer that American lawyers ______.
选项
A、do not attempt to familiarize themselves with cases
B、prepare the cases themselves
C、tend to be more passionately involved in their eases
D、tend to approach cases dispassionately
答案
C
解析
从文章的倒数第二段的最后两句话,我们可以推断出与英国的律师不同,美国律师更了解案情;换言之,他们对案件更热衷一些,所以此题答案应当为C。
转载请注明原文地址:https://kaotiyun.com/show/DC6O777K
0
考博英语
相关试题推荐
Readthearticlebelowaboutcomputerindustry.Foreachquestion(23-28)ontheoppositepage,choosethecorrectanswer.Markon
Readthearticlebelowaboutrelationshipwithcustomers.Foreachquestion(23-28)ontheoppositepage,choosethecorrectanswe
Readthearticlebelowaboutrelationshipwithcustomers.Foreachquestion(23-28)ontheoppositepage,choosethecorrectanswe
Lookatthechartbelow.Itshowstheproduction,salesandrejectionofproductsineightcompanies(A-H)ofagivenmonth.Whi
Lookatthechartbelow.Itshowsthesharepriceofeightcompaniesintwoweeks.Whichcompanydoeseachsentence(11-15)desc
Lookatthechartbelow.Itshowstheincome,totalexpenditureandadvertisingcostsofacompanyineightweeks.Whichweekdo
RussianwomenhadtowearprotectivemasksastheywalkedinMoscow,whichwas______byaheavysmogyesterday.
HeremindedmeofwhatIshould______haveforgotten.
Contradictorytopopularbelief,recentsurveysshowthatbesideshousewives,manycollegestudentsarealso______tosoapoper
Earthquakes66.AttwominutestonooninSeptember1of1923,thegreatclockinTokyostopped.67.TokyoBayShookasifh
随机试题
肾交感神经节后纤维释放的去甲肾上腺素可调节
代谢性碱中毒的代偿中,哪项是恰当的
腺体鳞状上皮化生后发生恶性变,所形成的恶性瘤称为
最适于地面消毒皮肤
上市公司及其控股股东或实际控制人最近36个月内存在未履行向投资者作出的公开承诺的行为,不得公开发行证券。()
定势是一种消极的心理活动准备状态。()
外交家考虑问题显然不如法学家那么___________,也不如经济学家那样“___________”,能否就某一议题达成共识完全取决于国内政治力量的妥协和谈判桌上的临场发挥。至于最后谈判文本对本国福利的影响以及如何从法律上得以保证文本的执行,外交家们保留了
简述新闻本源和来源的区别。(中南财经政法大学,2008年)
Ibecameinterestedinwritingatanearlyage.Sowhenmyfourth-gradeteachertoldmeabouta【C1】________writer’sconference
Jason:Hi,Jane.Doyouhaveanychange?Ihavetomakeacallonthepayphone.Jane:______
最新回复
(
0
)