7-criminal law的.ppt

法律英语 Lesson Seven Criminal Law It is better to fight for justice than to rail at the ill.Alfreds Tennyson, British writer　 与其责骂罪恶，不如伸张正义。英国作家 丁尼生 A　 Background Model Penal Code Model Penal Code was created by a group of law professors, judges, and lawyers to offer a comprehensive revision of the criminal law. The Model Penal Code is not law and has no binding effect. It has, however, been the model for many state criminal codes and has been very influential on state and local legislators. /model-penal-code.htm 刑法的三个主要问题 Crime—felony; misdemeanor Punishment – guidelines for sentencing (量刑指南) Criminal liability Insanity defense精神不正常辩护 TEXT Homicide Not all homicides are criminal. Justifiable homicide ——正当杀人 Excusable homicide ——可宽恕的杀人 Justifiable homicide Self-defense 正当防卫 Police officer ……to prevent the commission of a forcible felony 警察预防暴力性重罪 To prevent a dangerous felon escaping 防止危险的重罪犯逃跑 Excusable homicide A person accidentally and without gross negligence causes the death of another individual. Criminal homicide——有罪杀人 A killing amounts to a criminal homicide when it done without lawful justification or excuse. The elements of the crimes of murder 1. Murder Killing a human being with “malice” 恶意、预谋杀人 Malice Express malice——明示恶意 Implied malice——暗示恶意 Express malice vs. Implied malice Penalty for murder Death 死刑 Prison terms extending to “life” 终身监禁 Prison to a special number of years 一定年限的监禁 (a) Felony – murder 重罪恶意谋杀 Felony – murder ：a murder that occurs while the accused is in the act of committing another felony, such as armed robbery. Felony murder carries a heavier sentence than plain murder. / Killing during the course of a felony such as robbery. 在抢劫这样的重罪过程中杀人 Gun goes off accidentally killing the robbery victim, or a bystander, or a police officer. 手枪意外走火，杀死被抢劫的受害者、旁观者或警察 A dangerous crime as robbery satisfies the requirement of malice 抢劫这样的危险犯罪构成恶意的条件 Co-felons guilty of murder重罪共犯谋杀 In the course of an exchange of shots between