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
考研
Even if we could make it impossible for people to commit crimes, should we? Or would doing so improperly deprive people of their
Even if we could make it impossible for people to commit crimes, should we? Or would doing so improperly deprive people of their
admin
2014-09-05
56
问题
Even if we could make it impossible for people to commit crimes, should we? Or would doing so improperly deprive people of their freedom?
This may sound like a fanciful concern, but it is an increasingly real one. The new federal transportation bill, for example, authorized funding for a program that seeks to prevent the crime of drunken driving not by raising public consciousness or issuing stiffer punishments — but by making the crime practically impossible to commit.【C1】______
The Dadss program is part of a trend toward what I call the " perfect prevention" of crime; depriving people of the choice to commit an offense in the first place. The federal government’s Intelligent Transportation Systems program, which is creating technology to share data among vehicles and road infrastructure like traffic lights, could make it impossible for a driver to speed or run a red light.【C2】______
Such technologies force us to reconcile two important interests. On one hand is society’s desire for safety and security. On the other hand is the individual’s right to act freely. Conventional crime prevention balances these interests by allowing individuals the freedom to commit crime, but punishing them if they do.
The perfect prevention of crime asks us to consider exactly how far individual freedom extends. Does freedom include a "right" to drive drunk, for instance? It is hard to imagine that it does.【C3】______
For most familiar crimes(murder, robbery, rape, arson), the law requires that the actor have some guilty state of mind, whether it is intent, recklessness or negligence.【C4】______
In such cases, using technology to prevent the crime entirely would not unduly burden individual freedom; it would simply be effective enforcement of the statute. Because there is no mental state required to be guilty of the offense, the government could require, for instance, that drug manufacturers apply a special tamper-proof coating to all pills, thus making the sale of tainted drugs practically impossible, without intruding on the thoughts of any future seller.
But because the government must not intrude on people’s thoughts, perfect prevention is a bad fit for most offenses.【C5】______Even if this could be known, perhaps with the help of some sort of neurological scan, collecting such knowledge would violate an individual’s freedom of thought.
Perfect prevention is a politically attractive approach to crime prevention, and for strict-liability crimes it is permissible and may be good policy if implemented properly. But for most offenses, the threat to individual freedom is too great to justify this approach. This is not because people have a right to commit crimes; they do not. Rather, perfect prevention threatens our right to be free in our thoughts, even when those thoughts turn to crime.
[A]But there is a category of crimes that are forbidden regardless of the actor’s state of mind; so-called strict-liability offenses. One example is the sale of tainted drugs. Another is drunken driving.
[B]The Dadss program, despite its effectiveness in preventing drunk driving, is criticized as a violation of human rights because it monitors drivers’ behavior and controls individual’s free will.
[C]And the Digital Millennium Copyright Act of 1998 has already criminalized the development of technologies that can be used to avoid copyright restrictions, making it effectively impossible for most people to illegally share certain copyrighted materials, including video games.
[D]If the actor doesn’t have the guilty state of mind, and he commits crime involuntarily, in this case, the actor will be convicted as innocent.
[E]Perfect prevention of a crime like murder would require the ability to know what a person was thinking in order to determine whether he possessed the relevant culpable mental state.
[F]The program, the Driver Alcohol Detection System for Safety(Dadss), is developing invehicle technology that automatically checks a driver’s blood-alcohol level and, if that level is above the legal limit, prevents the car from starting.
[G]But what if the government were to add a drug to the water supply that suppressed antisocial urges and thereby reduced the murder rate? This would seem like an obvious violation of our freedom. We need a clear method of distinguishing such cases.
【C3】
选项
答案
G
解析
文章第五段作者正面提出了“犯罪完全阻止”概念中隐含的问题,也就是阻止犯罪和侵犯个人权力之间的矛盾。到底一个人的个人权利的界限在哪里?个人有行事自由,但是能否说一个人也有酒驾的自由呢?显然这是不可能的。横线处应该对这个问题展开进一步探讨。如果为了控制犯罪,而对个人行为施加种种限制,又是否合法呢?例如,为了降低社会犯罪率,政府是否能够在人们的饮用水中添加某种抑制反社会冲动的药物呢?这样做,虽然能够保证犯罪率的下降,但是无疑会侵犯个人权利。对于这样模棱两可的法律概念问题,我们需要清晰的界定。横线处填[G],符合作者行文逻辑。
转载请注明原文地址:https://kaotiyun.com/show/kPK4777K
0
考研英语一
相关试题推荐
Studythefollowingdrawingcarefullyandwriteanessayinwhichyoushould1)describethedrawing,2)analyzetheaimofthe
Studythefollowingdrawingcarefullyandwriteanessayinwhichyoushould1)describethedrawing,2)analyzethepurposeof
YouareLiMing,recentlyyoureceivedaletterfrominternationalschoolDavidCook,toinviteyougivealecturetohisstuden
Attemptstounderstandtherelationshipbetweensocialbehaviorandhealthhavetheirorigininhistory.Dubos(1969)suggested
Accordingtothetext,thepublicresponsetoMr.Philips’claimisMrPhillips’thoughtismadeunconvincingby
IsittruethattheAmericanintellectualisrejectedandconsideredofnoaccountinhissociety?Iamgoingtosuggestthatit
Foralongtime,researchershavetriedtonaildownjustwhatshapesus—orwhat,atleast,shapesusmost.Andovertheyears,
EuropeansandAmericansalikehavecertainromanticnotionsaboutSweden.Weimagineitasalandofliberal-mindedpeoplelivin
Ithasbeenjustlysaidthatwhile"wespeakwithourvocalorganswe【B1】______withourwholebodies."Allofuscommunicatew
随机试题
Manyayoungscientist____________engagedintheresearchwork.
单侧唇裂整复术的较颌适的年龄在3~6个月;目前,多主张在18个月左右行腭裂整复术;牙槽突裂的手术治疗在9~11岁行自体骨移植。
慢性支气管炎所致慢性肺气肿多为
根据《质量管理体系基础与术语》(GB/T19000—2008/ISO9000:2005),建设工程质量控制的定义是()。
企业集团内母公司向子公司的高管人员授予以其本身权益工具结算的股份期权,接受服务企业没有结算义务,接受服务企业应当将该股份支付交易作为权益结算的股份支付进行会计处理。()
车轮:汽车:运输
建立治安防范制度,通过治安信息的收集与分析,不断提高对治安危害的预见性,加强超前控制。()
有人说“大学生村官是飞鸽牌,不是永久牌,不利于农村发展的持续性”。简要评述这一观点。
设曲线y=ax2与y=lnx相切,两曲线及x轴所围图形为D求D绕y轴旋转一周所得旋转体的体积V
(清华大学2008年试题)ThechangesingloballyaveragedtemperaturethathaveoccurredattheEarth’ssurfaceoverthepastcenturya
最新回复
(
0
)