法律英语导读.docx

1、法律英语导读法律英语导读(1)Section I: How Can This Book Help You?Just about everyone is touched in some way by our criminal justice system. You, a relative or a friend may be arrested and charged with a crime. Or perhaps youve been the victim of one. Maybe youre a teacher, social worker or counselor who needs c

2、lear answers to pressing questions so you can help others understand how the criminal justice system works. This book is for all of you, and for anyone else who wants to understand a little more about such gripping modern-day dramas as the O.J. Simpson, Menendez brothers and Timothy McVeigh trials.T

3、he book uses an easy-to-understand question-and-answer format to explain the criminal justice system, inside and outside the courtroom. When can a police officer make an arrest? Is it a good idea to talk to the police? Who decides whether to charge someone with a crime, and what crime to charge? Is

4、self-representation ever a good idea in criminal cases? Should defendants conceal their guilt from their attorneys? What factors might convince a judge to release a jailed person on low bailor waive bail altogether? These are among the hundreds of practical questions the book addresses.1. Who Can Be

5、nefit From This Book?Many people can benefit from the information in this book:If you are accused of a crime. If you are facing criminal charges, you should become very familiar with the information in this book, even if you have a lawyer. Your case belongs to you, not to your lawyer, and you will w

6、ant to be savvy enough about whats going on to intelligently participate in important decisions that are likely to affect its outcome. The more you know, the more likely it is that you will receive high quality legal services, because you will be in a position to insist that they be provided to you.

7、Defendants family members and friends. If someone close to you faces criminal charges, youll want to know what is happening and how you can be of help. Does it matter whether you are there in the courtroom when your friend or relative is arraigned? What factors should you consider if you are asked t

8、o post bail or sign a bail application for someone else? How should you respond if asked for your opinion by your friend or relative on whether he or she should plead guilty or ask for a jury trial? What types of support or counseling can you properly offer a friend or relative throughout his or her

9、 criminal case? Knowing the answers to these and many other questions will make you a better helper.Crime victims. Until recent years, crime victims were largely shut out of the criminal justice process. Now victims often play more active roles, for example, by addressing the judge at the time a def

10、endant is sentenced. Thus, if you are a victim, you too will want to understand how the process works and where in the process you can expect to have an impact on how the case is prosecuted.Concerned citizens. Have you ever watched a trial on TV and wanted to know what all the mumbo-jumbo is about?

11、Complained about the costs associated with crime? Been called for jury duty? Whatever prompts your interest, the criminal justice system belongs to you. You have a right to know how it works. The information in this book tells you what you never learned in high school civics.本节常用法律术语：1、 criminal jus

12、tice system 刑事司法系统2、 arrest vt. n逮捕3、 charge with 控告4、 crime n.犯罪, 犯罪行为5、 victim n.受害人, 受害者6、 counselor n.顾问, 法律顾问7、 trial n 审讯, 审判8、 courtroom n.法庭, 审判室9、 police officer n.警官, 警员10、 self-representation 自己辩护，自我辩护11、 defendant n.被告12、 attorney 简明英汉词典 n.<美>律师, （业务或法律事务上的）代理人13、 judge n.法官, 审判员,

13、裁判员14、 bail n.保释, 保证金, 保证人15、 lawyer n.律师16、 legal adj.法律的, 法定的, 合法17、 arraign vt.提审, 传讯, 责难18、 plead guilty 服罪，认罪19、 jury trial 陪审团审判20、 prosecute 起诉2. Is This Book a Step-by-Step Guide to Self-Representation in Criminal Cases?No. The book is in no way intended as a detailed guide to self-represent

14、ation. It is, however, intended to empower criminal defendants by helping them understand every phase of the criminal justice process and what types of defenses and strategies are available to them.Except for those who are charged with very minor offenses, defendants almost always will benefit from

15、the advice and counsel of attorneys knowledgeable about the law and the ins and outs of the court where the case will be heard. The basic reasons why self-representation is usually not advisable in criminal cases include: In criminal cases, defendants are up against the power and resources of the go

16、vernment. Individual defendants are no match for the police officers and prosecutors who work in the system every day. The stakes are often high in criminal cases. A conviction may entail a stiff fine, imprisonment, loss of employment and other penalties, such as deportation （of a noncitizen） and th

17、e loss of the right to vote and possess a firearm. Judges, prosecutors and jurors are likely to be prejudiced against self-representing defendants. Such defendants are likely to be seen as guilty head cases who are adding to their sins by trying to disrupt the judicial system. Laws and court practic

18、es, the knowledge of which is required for a successful outcome, often are hidden in appellate court rulings and unwritten policies which cannot easily be researched.While the information in the book will no doubt assist those defendants who choose self-representation, the authors assume that those

19、facing criminal charges for which jail or prison is a possibility are represented by an attorney, either privately retained or appointed at government expense.本节常用法律术语：1、 minor offenses 轻罪2、 prosecutor n.检察官3、 conviction n宣告有罪4、 fine 罚金5、 imprisonment监禁6、 deportation n 遣返，驱逐出境7、 right to vote 投票权8、

20、firearm n.枪支9、 juror n.陪审员10、 appellate court上诉法院11、 retain雇用，付费雇用（例如律师）本期的问题：1. mumbo-jumbo繁文缛节2. head cases首要委托人法律英语导读(2)Comparison of Federal and State Systems 联邦和州刑事司法系统比较Most criminal prosecutions take place in state courts. The chart below highlights some of the key differences between state a

21、nd federal criminal systems. Jurisdiction （power to decide cases，管辖权）. A state has power over defendants who violate the laws of that state. The federal government has power over defendants who commit criminal acts on federal property （for example, an assault in a post office） or whose criminal acts

22、 cross state lines （for example, a kidnapper transports a victim from Iowa to Missouri）. A state and the federal government can have concurrent power over a defendant when the same criminal activity violates both state and federal laws. In those situations, state and federal prosecutors make case-by

23、-case decisions as to whether a defendant will be prosecuted in state or federal court. Police Officers（警官）. Typical state police officers are county sheriffs and city police officers. Typical federal police officers are agents of the FBI and DEA （Drug Enforcement Administration）. Prosecutors（检察官）.

24、Federal criminal prosecutions are handled by US Attorneys, who are appointed by and are ultimately responsible to the US Attorney General. State prosecutors, many of whom are elected on a countywide basis, carry a variety of titles; common ones are district attorney, states attorney and city attorne

25、y. Defense Attorneys（辩护律师）. Most criminal defendants qualify for government-paid defense attorneys. Government-paid attorneys are usually employed either by an office of the Federal Public Defender or a countys Public Defender office. （For information about the differences between government-paid an

26、d privately retained defense attorneys, see Chapter 7.） Trial Courts（审判法院）. Most federal criminal prosecutions occur in United States District Courts. State courts carry such titles as superior court（最高法院）, municipal court（市法院）, police court（治安法院） or county court（县法院）, depending on the state and the

27、 seriousness of criminal charges. Judges（法官）. Federal trial judges are known as District Court Judges（联邦地区法院法官）; they are appointed for life by the President subject to confirmation（确认、批准） by the US Senate. State court judges are typically initially appointed by governors（州长，现在我们各省的省长也用这个词了） and the

28、n are subject to election every few years. State court trial judges carry such titles as Superior Court Judge, Municipal Court Judge and （in New York） Supreme Court Judge. In both State and Federal courts, magistrates may preside over pretrial hearings such as bail hearings, as well as less serious

29、criminal trials. All-Purpose vs. Specialized Judges（全能法官与专门法官）. Federal courts use the all-purpose judge system. This means that the same judge almost always presides over a case from beginning to endthat is, from a defendants first court appearance to final acquittal or sentencing. Some states also

30、 follow the all-purpose judge model. In many states, however, judges are specialized. For example, one judge may determine bail （see Chapter 5）, another judge may hear pretrial motions （see Chapter 19） and a third judge may preside over a trial （see Chapter 21）.本节常用法律术语：1、property 英汉法学大词典 n.财产 ,财产权,

31、物业,无形资产，常说的物业管理翻译成property management。2、kidnapper 英汉法学大词典 n.绑匪 ,绑架者,诱拐者,注意kidnap英文的意思是To seize and detain unlawfully and usually for ransom，或者这样解释The taking away of an individual against his will. The term is usually applied to instances in which ransom is demanded for the return of the kidnapped pe

32、rson.这里并不需要绑匪有要赎金的意思。3、FBI and DEA 美国联邦调查局和麻醉品管制局，关于DEA有各种译法，关键是对其职能的理解出现了偏差，WIKIPEDIA的解释为The Drug Enforcement Administration （DEA） is a United States Department of Justice law enforcement agency tasked with suppressing the sale of recreational drugs by enforcing the Controlled Substances Act of 1970. It shares concurrent jurisdiction with t