何家弘《法律英语》第四版第二十一课主要内容docx.doc

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. ?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 th