【精品文档】中英文双语法学专业外文文献翻译成品：对刑法动机的挑战.docVIP

此文档是毕业设计外文翻译成品（ 含英文原文+中文翻译），无需调整复杂的格式！下载之后直接可用，方便快捷！本文价格不贵,也就几十块钱！一辈子也就一次的事！ 外文标题：The Challenge of Motive in the Criminal Law 外文作者：Elaine M. Chiut 文献出处：《Buffalo Criminal Law Review》 , 2015 , 8 (2) :653-729(如觉得年份太老，可改为近2年，毕竟很多毕业生都这样做) 英文3187单词，15897字符(字符就是印刷符)，中文5194汉字。 The Challenge of Motive in the Criminal Law Elaine M. Chiut Part I of the article joins the evolving discussion of motive in the criminal law generally. To support the overall conclusion that motive should figure more prominently in the criminal law, part I proposes several novel ideas. First, although some other scholars are fixated with whether motive should be limited to determinations of either liability or punishment, this article proposes that decision makers should be free to consider motive when determining both. Second, part I explains that not all motives are the same. Indeed, motives such as selfdefense, insanity, and heat of passion clearly differ in terms of their provability and moral potency. While some may be more easily proven, others possess greater moral potency. Because of these critical differences, part I of this article proposes that motives which are easily proven and possess high moral potency be part of liability determinations while motives that present proof problems or low moral potency be restricted to sentencing. Third, part I ends with a sweeping recommendation to reform the overall attitude about motive in the criminal law. Far from being irrelevant to the criminal law and unworkable, motive should be thought of as essential. The criminal law should not limit itself to consideration of a few select motives; instead, it should welcome the challenge of incorporating defendants，various motives. With the freedom of multiple forums and the guidelines of provability and moral potency, an effective criminal law built around motive can be successfully developed. Part II then turns to the simple street sale and New York’s agency defense and the intriguing lesson they offer for