Law Review to Redefine Murder
里格斯诉帕尔默案
一个解释原则。立法者并不总能精确地表达 the making, proof, and effect of wills and
他们的目的，而是有时会超出，有时又受到 the devolution of property, if literally
限制，为此，就需要法官从可能或合理的推 construed, and if their force and effect
余大部分遗产由其孙子——即该案的被告埃 and testament, in which he gave small
尔默〃帕尔默继承，他的天赋超过两个女儿， legacies to his two daughters, Mrs. Riggs
被告埃尔默〃帕尔默由其母亲苏珊〃帕尔默 and Mrs. Preston, the plaintiffs in this
效力以及财产转移等遗嘱法的规定，把遗产 in his favor in the will, and, that he
转给谋杀者，这是千真万确的。制定遗嘱法 might prevent his grandfather from
就是为了让立遗, which he had
文义解释，在没有外力影响和左右的情况下， testator, Elmer lived with him as a member
如果事态按其自然进程发展，不被控制也没 of his family, and at his death was 16
有改变，那么，根据调整遗嘱订立、证明、 years old. He knew of the provisions made
世。被告埃尔默自订立遗嘱时起，一直作为 considerable personal property. He was a
死刑是否应该废除【英文研究报告】
It centers around the issue of death penalty,shows different kinds of excusion in different times and countries and discuss whether death penalty should be abolished or not. Should The Death Penalty Be ABOLISHED or RETAINED?ByYan ChunshuangDeng MingdaDong QiushiLvChadeYu YangClass0907301School ScienceHarbin Institude of TechnologyMay 23rd,2010AbstractThe People's Republic of China is the world's executions than any other country, during which inevitably will bring a lot of injustice, and all of us want to see the second "Dou E", so we wrote this paper is intended to cause national attention to the State in punishing serious criminals could take better and more effective measures, not just a simple implementation of the death penalty, so as to reduce damage caused by the death penalty to the families and also to the prisoners a chance of rehabilitation, unnecessary under certain circumstances to reduce further crime. We had 50 different professional questionnaires, accordingly, we should abolish the death penalty that does not depend on human will, different backgrounds should be a different decision, we need to continuously improve laws, to avoid the occurrence of injustice, which requires our courts to sentence the death penalty is more prudent and cautious. Key wordsthe death penaltyinjusticebackgroundprisonersabolishIntroduction①The death penalty, also known as capital punishment, executions, the world's most ancient one sentence, that executioner based on the legal powers to end the life of a prisoner. Deprived of life suffer the penalty of this approach are usually the offenders who commit serious crimes in the local. Although this "serious crime" is defined often controversial, but retain the death penalty in the current state of, in general, "intentional killing" of prisoners sentenced to death must be one of the major reasons.As early as the beginning of civilization have the death penalty, but so far the majority of countries have abolished the death penalty. Still retain the death penalty are China, the United States, Japan, Singapore and other 75 countries, developed countries, only the United States and Japan still retain the death penalty. At present, most European countries (only exception of Belarus) have abolished the death penalty, on the one hand is based on the religious background of these countries, according to "the Old Testament • Creation", the human committed unpardonable crimes several times, but have received God amnesty, hope people can change their minds, so the human can not jeopardize the creation of theFather's authority over life and death, God gave man pleaded guilty in return for the chance to turn over; the other is based on democracy, rule of law, humanitarian development.Sentenced to death are known as "death" or "Condemned." Death usually before execution, will be sent to a specific cell for solitary confinement. On the one hand, the judiciary recognized the need for the death penalty, and to make preparations for the execution; the other hand, can allow death to have a final opportunity to appeal. According to Amnesty International's statistics and other information:88 States and Bermuda, Hong Kong, Macau, Niue, Turks and Caicos Islands and other areas are not the death penalty for any crime.10 countries and COK only for exceptional crimes have the death penalty, no death penalty for ordinary crimes.24 countries have the death penalty for ordinary crimes and 10 years, has not executed any person, or if the death penalty does not make international commitments (such as Russia).75 States and China Taiwan have the death penalty for ordinary crimes.According to other statistics:The world's 99 countries and territories retain the death penalty mainly shooting, hanging, beheading, electrocution, gas, stoning, injected with 86 countries executed by hanging in 77 countries only ChinaPeople's Republic and the United States the death penalty by injection.( fromBaidu Encyclopedia )ParticipantsDeng Mingda, Dong Qiushi, LvChade, Yan Chunshuang, Yu Yang Instrument:Questionnaire SurveyRelated information②NieShubin miscarriage of justice the murderers to death for the former prefer to give the deceased Xi YuanAt 6:38 p.m. on May 10, 2010 China Network Southern Weekend reporter Zhao Ling from the bottom of Hebei After 2 years and has been without Kuxun of NieShubin case judgments in April this year appeared suddenly mysterious. -The so-called "murderers" Wang Shu-Jin in the first instance, sentenced to death this year, after April the High Court to appeal to the Hebei reason is not Procuratorate v. the rape of a crime health murder, resulting in innocent people (NieShubin) wronged. Although the High Court of Hebei has beeninadmissible, but the mother said, according to Nie, the Supreme Court has accepted their complaint before the country's HebeiNieShubin was sensational case, after two years of silence, in the past few months to get a breakthrough.Two years, Nie mother many times for his son's case to the Hebei Province Supreme Court appeal could not provide the trial verdict were to reject it. However, 4,5 months of this year, a mysterious courier way people were sent the NieShubin's case a second instance verdict to appeal the case to remove the biggest obstacle.At the same time, more drama ensued. Also in April this year, the first trial sentenced to death Hebei Wang Shu-Jin High Court to appeal on the grounds it is not Procuratorate v. health one of its rape murder crimes, resulting in innocent NieShubin wronged. Wang Shu-payment is to know your escape death, but would like to book their evil Adds one life, and not make good scapegoat. These dramatic changes, so that once law experts believe the case has been Department desperate NieShubin, suddenly saw the chance of survival.Lawyer's core view that the NIE was convicted simply based on his own confession, there is no direct evidence of NieShubin indeed raped and murdered a Hong. Accordance with Article 35 of Criminal Procedure Law provides: "Only confession of the accused, no other evidence can not be found guilty and sentenced." Others state that "circumstantialevidence only in the form a complete chain of evidence, and exclusion of other all possibilities of the situation, before a conviction." Questionnaire1.Do you think the death penalty should be abolished? ( )A.Yes, I do, because__________①He should be responsible for murder ②Can be a deterrent to crime③Have a deterrent effect ④Should be given severe punishment forserious criminals to ⑤Not enough to appease the resentment of not to killB.No, I don’t think so, because__________①Too cruel, inhuman ②Against the people-oriented ③Violated the humanrights of prisoners ④Should give a chance of rehabilitation ⑤In a particular case will lead to escalation of crime2.Do you think there is somebody that can’t be saved forever? ( )A. NoB. Yes3.If you are still at large death row, you will choose to surrender? ( )A. YesB. No4.If you are about to be executed at the terminal stage can only do onething, what will you do?____________________________________________________ _______________5.Do you think what should be given the family of the death penalty toinjustice compensation? ( )A.Economic compensationB.Related leading public apologyC.Could not be compensated in any caseData collection:Question 1:The deathpenalty shouldbe retainedThe deathpenalty shouldbe abolished Question 2：NoYesQuestion 3：YES NO Question 4：05101520Question 4Prison Break Family Gatherings Entrusted funeral Recall A meal Watching the Sea Doing good Suicide Around the World Wait death MurderRepentQuestion 5：EconomiccompensationRelated leadingpublic apologyCould not becompensated in anycaseAnalasis and Findings:Question 1:There are many ideas about whether death sentence should be canceled. Most people think that the death sentence should be kept. Because it has deterrence to the crime, which makes people fear. Then they will not correct a crime recklessly. Among them, part people think that a life for a life is very regular for a murder. They loathe the offender, even they feel offender which commit big error should be given serious punish. Or people won’t calm down the indignation. Only in this way can people calm down the inner indignation.The rest people think the death sentence should be canceled. Theythink we should give offenders a chance to correct their errors. What’s more, we always emphasize to make people fundamental. The death sentence is going against the view. Through investigate condensed questionnaire. We can summaries that most people have no sympathy with prisoner easily. They detest the offender and think it is offender that wrecks others’ happiness. If the death sentence is canceled, then the society will lose the order. More people may be killed.Question 2:There are 58 percent of people think that there are some people in the world that can’t be saved. This choice is more than the other. The goal of the capital punishment is to punish the people that can’t be saved to warn the people, in another world, to save another group of people who is at the edge of crime. Of cause the people who can’t be save should be punished even to death. But 42 percent of people point out that everybody can be saved if we pay out heart, and it’s need time to lead them to right road.Question 3:If you are an escaped criminal, whether you will go to surrender yourse lf? About 50 percent of people choose “Yes”, the rest choose “No”.I think the select have relation to one’s courage, values and outlook on life.If the person is upright and bighearted, he will go to voluntarily surrender yourself. Because he must be responsible for his action, on the contrary, if the person is of dreadful appearance, he has no willing to hear to hear his duty.Question 4③：This is an interesting imagine. And from the result we can see what people are thinking when they are going to die. 42 percent of people choose to enjoy sometime with their family. They want to see their family last time. Maybe they say thank you or sorry to them. Maybe instead of doing this, just sit beside them and have dinner like before. So many people’s choice tells us that our family is the most important in our life. And even the most violent culprit has the fundamental love. The second choice is to escape or even kill the others. This thought can be comprehended. Manage to be alive is the appetence of every animal certainly human beings. But if the death penalty is going to be carried out reality, there are no questions that other more crime will come up. Besides them there are also some people who choose to enjoy the remaining life. Of example to eat a big dinner which has many things they haven’t eat before, having a travel of the whole world, enjoying the memory. By all appearances this group of people have accept their coming death. Even some choose to kill themselves. They don’t want to die under the gun. Only 8 percent of people choose to regret. We shouldthink the death really come to our goal.Question 5：As long as the death punishment is exist. The grievance is there. 70 percent of people think that if the death is wrong, nothing can do to compensate their family. The life has been gone forever. No matter how wise dome the judge is, he can’t insure that he can be always right. Maybe the cost of a small error is a life, which will be our most sorrow. ConclusionDeath is the punishment of criminals and bound people in, so people under the fear of the death penalty,not dare to make some moral violations. However, this had to cause us to reflect on human nature. Is it only because of the strong constraints, the development of human society can be stable? what a role dose the code of ethics in human society have played?The death penalty has been with mankind for thousands of years, as a penalty, both as a punishment for serious crimes, but also a constraint on human nature. As for whether the death penalty should be canceled, does not depend on people's will, but the background should be decided according to different. Although at this time, calls for human rights increase all the time, we have seen, some criminals are increasinglyrampant. If the day that the death penalty was abolished really come, then some people will become more unscrupulous. Of course, this relates to the penalty of life, we also need to constantly improve our laws, not to put any innocent person to death execution ground. Of course, if one day the death penalty has no longer necessary, it will be a new chapter of the history of human civilization.Reference①百度百科·死刑：/view/22571.htm?fr=ala0_1_1②南方周末，认真对待一名死刑犯的建议：/content/27644③搜狐精华区百家讲坛：/read_elite.php?b=zz0156&a=5869582④《死刑制度史History of the death penalty》ISBN：7503687839,2008-09,Law Press。
美国陪审团的一致裁决原则
美国陪审团的一致裁决原则：历史与当下关键词: 美国，陪审团，一致裁决原则内容提要: 陪审团的一致裁决原则起源于14世纪的英国，作为一项普通法的传统，它在美国确立后经历了一个联邦强制适用与各州选择适用并存这一局面被明确和强化的过程。
虽然饱受质疑，但是从一致裁决原则对陪审团司法工具价值和政治民主价值的发挥及对审判成本控制的影响这三个角度出发综合考虑，其在一定时间内还将继续存在下去。
“你为什么会认为他无罪？”“虽然你们11个都认为他有罪，但我想先和你们好好谈谈，否则我很难说服自己举手认同你们的观点，送这个男孩去死。
”[1]作为美国司法体系的核心组成部分，陪审团制度曾为其赢得了广泛的赞[2]。
陪审团审理案件时，在就相关情况进行充分的“秘密评议”[3]后，无论要做出有罪还是无罪裁决，均需首先在其内部达成一致意见，否则会导致无效审判（mistrial）的出现（此时陪审团相应地被称作“悬置陪审团”（hung ju-ry）—这就是美国陪审团的一致裁决原则[4]。
这项原则起源于英国，作为普通法的传统为美国所接受后，长期以来被视为一项“神圣不可侵犯的”[5]、“统治性的规则”[6]，并作为陪审团制度的“基石”[7]、裁决规则的“底线”[8]在美国联邦法院系统和州法院系统被严格遵行。
然而，随着一系列具有争议的陪审团裁决的出现[9]，美国民众对陪审团审判“不准确、不公正”的印象日益滋生，对其进行根本性改革的呼声也越来越高[10]。
在这种整体性的不满之中，指向一致裁决原则的自然也占有相当大的比重。
有学者认为这是一个“过时的传统”[11]，甚至认为它所带来的危害正是现在陪审团面临的“最严重的问题之一”[12]。
与民众的呼声和学界的议论相伴，在司法实践中，这一原则也已有所松动。
虽然在联邦层面，依然继续严格要求使用一致裁决，但是在各州，情况则发生了变化。
就刑事案件而言，路易斯安那州和俄勒冈州已经在州宪法中明确规定，除死刑案件外，其他案件允许非一致裁决。
美国法律中的谋杀罪 Murders in American Law
Murder (United States law)From Wikipedia, the free encyclopediaJump to: navigation, searchIn the United States, the principle of dual sovereignty applies to homicide, also known as murder, as to other crimes. If murder is committed within the borders of a state, that state has jurisdiction. Similarly, if the crime is committed in the District of Columbia (otherwise known as Washington, D.C.), the D.C Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction.[1] If the victim is a federal official, an ambassador, consul or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state lines, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then Federal jurisdiction is exclusive: examples include naval or U.S.-flagged merchant vessels in international waters and U.S. military bases worldwide. In addition, murder by a member of the United States military anywhere in the world is a violation of Article 118 of the Uniform Code of Military Justice and can result in a servicemember suspected of murder being tried by a general court-martial. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor.[2] In the United States there is no statute of limitations on the crime of murder.Modern codifications tend to create a genus of offenses, known collectively as homicide, of which murder is the most serious species, followed by manslaughter which is less serious, and ending finally in justifiable homicide, which is not a crime at all. Because there are 53 jurisdictions, each with its own criminal code, this section treats only the crime of murder, and does not deal with state-by-state specifics.At base, murder consists of an intentional unlawful act with a design to kill and fatal consequences. Generally, an intention to cause great bodily harm is considered indistinguishable from an intention to kill, as is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality. Thus, if the defendant hurled the victim from a bridge, it is no defense to argue that harm was not contemplated, or that the defendant hoped only to break bones.Under U.S. federal law, murder is the unlawful killing of a human being with malice aforethought.[3] Malice can be expressed (intent to kill) or implied. Implied malice is proven by acts that involve reckless indifference to human life or in a death that occurs during the commission of certain felonies (the felony murder rule). The exact terms of the felony murder vary tremendously from jurisdiction to jurisdiction. Life sentencing for murder in the United States has a mean of 349 months (29 years one month) and a median of 480 months (40 years).[4] However, some states' sentencings contemplate a full life's confinement, whence the sentence of confinement is not deemed fulfilled while the convicted person lives; and the only way to fulfill the sentence (and thereby obtain release from confinement) is by the individual's death. These sentences are termed natural life and/or life without the possibility of parole. Additionally, life without the possibility of parole can be defined under special circumstances for example in the course of a robbery or additional crimes. (People v. Horn) Court of Appeals of California, Fourth District, Division OneContents[hide]∙ 1 Degrees of murder in the United States∙ 2 Punishment for murdero 2.1 Federalo 2.2 Militaryo 2.3 By states∙ 3 Fetal homicide in the United States∙ 4 Murder Sentencing Guidelines in the United Stateso 4.1 Arizonao 4.2 Floridao 4.3 Hawaiio 4.4 Louisianao 4.5 Michigano 4.6 Missourio 4.7 Nevadao 4.8 Washington∙ 5 References[edit] Degrees of murder in the United StatesStates have adopted several different schemes for classifying murders by degree. The most common separates murder into two degrees, and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.∙First degree murder is any murder that is willful and premeditated.Felony murder is typically first degree.[5][6]∙Second degree murder is a murder that is not premeditated or planned in advance.[7]∙Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "causea reasonable person to become emotionally or mentally disturbed."Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[8]∙Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntarymanslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is"unintentional," because the killer did not intend for a death to result from his intentional actions. If there is a presence ofintention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself. [9]The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposefully and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.[10]Some states classify their murders differently. In Pennsylvania, California, and Massachusetts, first degree murder encompasses premeditated murders, second degree murder encompasses accomplice liability, and third degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances," such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture.[11] Under this system, second degree murder is any other premeditated murder.[12]Also the New York statutes recognize "murder for hire" as first degree murder. [13]Texas uses a similar schemeto New York, but refers to first-degree murder as "capital murder," a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter.[edit] Punishment for murder[edit] FederalOffense Mandatory sentencing[14]Second degree murder Imprisonment for life or any termSecond degree murder by an inmate, even escaped,serving a life sentenceLife imprisonmentFirst degree murder Death or life imprisonment[edit] MilitaryOffense Mandatory sentencing[15]Murder under UCMJ Article 118 Clause (2) or (3) Any legal punishment (other than death) as directed by the court-martialMurder under UCMJ Article118 Clause (1) or (4)Death or life imprisonment[edit] By statesMain article: List of punishments for murder in the United States [edit] Fetal homicide in the United States Main articles: Born alive rule and FeticideFetal homicide laws in the United States"Homicide" or "murder".Other crime against fetus.Depends on age of fetus.Assaulting mother.Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder; the child had to have breathed at least once to be a human being[16] Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child and/or for emotional pain and suffering. With the widespread adoption of laws against abortion, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail.When the Supreme Court greatly reduced laws prohibiting abortions in Roe v. Wade (1973) those sanctions became harder to use. This meant that an assault which ensured that the baby never breathed would result in a lesser charge. Various states passed "fetal homicide" laws, making killing of an unborn child murder; the laws differ about the stage of development at which the child is protected. After several well-publicized cases, Congress passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.[edit] Murder Sentencing Guidelines in the United States[edit] ArizonaIn Arizona, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The murder must be premeditated. In the state of Arizona, if one is found guilty of murder 1, there is the possibility of receiving the death penalty.[17][edit] FloridaIn Florida, a person is guilty of first degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder. This offense is categorized as capital offense, if convicted the offender could possibly receive the death penalty in the State of Florida.[18][19][edit] HawaiiIn Hawaii, a person commits first degree murder when the crime involves one or more specific elements:∙Multiple victims killed∙ A law enforcement officer, judge, or prosecutor killed (in connection with their respective duties)∙ A witness in a criminal case killed (in connection with the person being a witness)∙Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer)∙Murder committed by an imprisoned personThe State of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without the possibility of parole.[20][21][edit] LouisianaLouisiana states that homicide in the first degree is killing of a human being with intent. There are other specific guidelines like killing a police officer or firefighter is an automatic first degree charge or intent to kill more than one person is automatically a first degree charge. In the State of Louisiana you can receive life imprisonment or the death penalty.[22][edit] MichiganIn Michigan, a person is found guilty of first degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan the top penalty perpetrator can receive is life imprisonment, the punishment cannot be cruel and unusual.[23][edit] MissouriIn Missouri, "A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter."[24]Murder in the second degree occurs when (1) the defendant knowingly causes the death of another person or causes their death "with the purpose of causing serious physical injury" or (2) the perpetration, attempted perpetration, or immediate flight from a felony results in a person being killed.[25] Murder in the first degree is punishable by imprisonment for life without eligibility for release except by act of the governor, or by death if the defendant is old enough. Murder in the second degree is punishable by ten to thirty years imprisonment or a life sentence.[26][edit] NevadaIn Nevada, first degree murder is the unlawful killing of a human being with malice and aforethought, either expressed or implied. If a serial killer is found guilty with aggravating circumstances, for example killing someone with torture or killing a stranger with no apparent motive, then the State can seek the death penalty or a sentence of life without parole.[27][edit] WashingtonIn the state of Washington, a person is found guilty of first degree murder when there is a premeditated intent to cause the death of another person. Murder in the first degree is a class A felony in the state of Washington.[28] If a person is convicted of first degree murder, they will not receive anything lower than life imprisonment.[29] The offender can possibly get a charge of aggravated first degree murder if they commit first degree murder and have an aggravating circumstance, for example if they kill a police officer. In this case they can receive the death penalty.[30]。
law review规则
law review规则
Law Review是一类在美国法学院里由学生自主运行的学术期刊，按不同的法律领域，法学院里会有多个不同类型的Journal，例如在Cornell Law School，会有International Law Journal、Journal of Law and Public Policy等。
通常在Law Review发表的文章会表达某个法律领域的学者在特定法律问题上的观点，并由其提供相关法律建议。
在美国法学院里，Law Review的文章会被美国各层级法院作为Persuasive Authority 引用（没有法律效力但可为法官判案提供参考），从而对美国法律发展产生深远的影响。
正因为Law Review的文章在美国法律界具有重要的分量，法学教授Erwin N. Griswold曾在Harvard Law Review中写道：“正是因为其（Law Review）独特的优势和严格的评选标准，才得以让期刊发展壮大。
”。
Law Review的规则可能会因法学院和期刊的不同而有所差异，如果你想了解更详细的内容，可以补充相关信息后再次向我提问。
法律条例英文
法律条例英文【篇一：常用法律条文英文版本】常用法律条文英文版本|法律英语天网恢恢，疏而不漏。
2.an act is not a crime unless the law says it is one.法无明文规定者不为罪。
3.this contract is made of one original and two duplicate originals, all of which are of the same effect.本合同一式三份，具有同等效力。
4. the law does not concern itself about family trifles.法律难断家务事。
5.this document is legally binding.该文件具有法律约束力。
6. this law is in abeyance.此法暂缓执行。
7. this law has become a dead letter.此法已成为一纸空文。
8. this law will go into effect on the day of its promulgation.本法自公布之日起施行。
9 the court dismissed the action.法院驳回诉讼。
10. the court ordered the case to be retried.法院命令重审此案。
.11.giving the killer what he deserves.予杀人者以应得之罪。
12. hate the sin but not the sinner.可恨的是罪行而非罪人。
13.everyone has the right to freedom of expression.每个人都享有言论自由。
14. everyone is equal before the law.法律面前人人平等。
15. first in time, first in right.先在权利优先。
英美法上重罪谋杀罪原则的介绍与评析
英美法上重罪謀殺罪原則的介紹與評析 大綱：壹、前言一、研究的緣起二、相關概念的說明（一）重罪（二）謀殺罪（三）重罪謀殺罪與重罪謀殺罪原則 貳、英國重罪謀殺罪原則的產生與發展一、歷史上的起源二、理論基礎（一）污點理論（二）邪惡的心理論（三）違法肇因者原則三、近代的發展：由限制到廢除 參、美國重罪謀殺罪原則的發展一、歷史發展過程的簡介二、主觀要件三、因果關係四、共犯問題肆、刑法基礎理論的建構與相關的批評 一、 移轉的犯意理論（一）移轉的犯意理論的介紹（二）罪刑均衡原則的檢驗（三）結論性的推定與正當程序條款 二、嚴格責任理論（一）嚴格責任理論的介紹（二）嚴格責任的檢討（三）預防理論的檢驗伍、重罪謀殺罪原則的現狀一、 限制性採用的模式介紹二、 立法者列舉的重罪三、 本質上危險的重罪四、 事實上危險的重罪五、 犯罪構成要件行為六、 獨立的重罪原則七、 近因理論陸、 結論壹、 前言一、研究的緣起結果加重犯（erfolgsqualifizierte Delikte）1在大陸法系國家的刑法學界是一個十分受到重視的問題，2而英美法上的重罪謀殺罪原則3（felony murder rule）長期以來也是一個爭論激烈而尚未妥善解決的1我國刑法學界的用法中有使用「結果加重犯」與「加重結果犯」。
由刑法第十七條所規定之「因犯罪致發生一定的結果，而有加重其刑之規定者」可知，本類型犯罪所強調的重點在：法律所規定的較重結果的發生是刑罰加重的事由。
由前述說明可知，「結果加重犯」用語比較能表達出本犯罪類型的特質，故本文選用之。
2以我國為例，最近一次的刑法修正增加了結果加重犯立法型態的比重。
請參見公共危險罪章之刑法第一百八十九條之二第二項、第一百九十條之一第三項與第一百九十一條之一第三項，以及妨害性自主罪章之第二百二十六條。
3雖然本文的題目為「英美法上的重罪謀殺罪原則」，但必須先說明的是，英國已經廢除重罪謀殺罪。
儘管歷來有許多反對的聲音，美國至今仍保留此一原則。
美国刑法中的重罪谋杀罪规则评析
美国刑法中的重罪谋杀罪规则评析【内容提要】重罪谋杀罪是英美刑法中比较特殊，并引起很多批评和质疑的罪名。
目前，美国大部分州的刑法仍保留有该罪名，但其适用范围和条件受到越来越多的限制，实际上被限于在实施重罪过程中故意或过失造成死亡结果的情形：由于该罪名的设置仍具有一些积极意义且限制了适用范围，尽管存在比较严厉的批评之声，但绝大多数州的刑法仍然保留了重罪谋杀罪规则，短期内没有被废除的迹象。
【关键词】重罪重罪谋杀罪美国刑法因果关系一、引言英美普通法和制定法都把杀人罪分为谋杀（murder）和非预谋杀人（manslaughter）。
英美普通法关于谋杀罪的定义是：“有预谋（aforethought）恶意（malice）的非法终止他人生命的行为。
”现在，普通法关于谋杀罪的定义中仍然保留“预谋恶意”一词，但它所包括的内容已经远远超出了其字面的含义。
制定法中的谋杀罪概念则不一定包括“预先谋划”这个要素。
美国《模范刑法典》中有关杀人罪的规定也已经没有使用“恶意”的表述[1]。
在美国各州，谋杀罪所要求的主观要件中的恶意或预谋恶意的含义已经超出他们的字面意义与日常语言中的意义，而是包括以下所述的4种状态：（1）有意的杀人；（2）有意地对他人身体造成严重伤害。
在大部分州，谋杀罪的主观心态并不要求是有意地杀人，有意地对他人身体造成严重伤害也满足谋杀罪的主观方面的要求；（3）在认识发生死亡结果的可能性之下，执意从事风险性行为或者轻率地漠视生命的价值，即具有“邪恶的心”（depraved heart）。
此种有意识的忽视心态足以显现出行为人对他人生命所形成的风险的极度轻率。
几乎所有的州都认为行为人对在这种心态下实施的行为应负谋杀罪的责任，构成“漠视生命价值的谋杀罪”；（4）在故意犯重罪既遂或未遂过程中发生死亡的结果，即构成所谓的重罪谋杀罪[2]。
按照早期普通法，所谓“重罪谋杀罪”是指凡在实行或着手实行重罪过程中造成故意或非故意死亡的情形。
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Law Review to Redefine Murder
UK) The first comprehensive review of the law of murder for more than 50 years will recommend a fundamental change that would see many killings downgraded to manslaughter, the Guardian has learned.
Under the proposal, only homicides where the killer intended to kill will be classified as murder. At present, murder also includes cases where the killer intended to cause serious bodily harm. Restricting murder to cases where death was intended would remove a large number of cases where the victim dies as a result of a fight or an attack during a robbery or burglary which proves fatal.
Changing the definition of murder is the key recommendation to be published tomorrow in a report by the Law Commission, the official body drafted in by the Home Office to assist in the review of the laws governing the crime.
According to one QC, if the change is accepted “you
will remove from the category of murder a very, very large proportion of the cases which currently are found to b e cases of murder”. In one House of Lords case it was suggested that fewer than half of convicted murderers were convicted on the basis that they had intended to kill.
The reform the commission recommends would mean that only the most serious killings would attract a mandatory life sentence. For those where death was not intended, judges could still sentence the killer to life but would have a discretion to impose a lesser sentence.
The recommendation is the main plank of the first stage of a review announced in October 2004 by David Blunkett, then home secretary. His announcement was a response to a Law Commission report on provocation and diminished responsibility in August 2004, which said the law on murder was “a mess” and needed to be looked at as a whole. Many judges and academics believe much of the mess would disappear if the mandatory life sentence were scrapped, leaving it to the judge to sentence according to the circumstances of the offender
and the crime.
The commission wanted that as an option but the Home Office insisted in its terms of reference for the review that the automatic life sentence should remain for murder. The Home Office review team will now consider the wider public policy issues and take into account the views of the public. The ultimate aim is new legislation to replace the Homicide Act 1957, widely regarded as outdated.
Ken Macdonald, the director of public prosecutions, has complained that prosecutors currently had to choose between charging murder or manslaughter and ran a greater risk of losing the case and allowing a guilty defendant to go free if they opted for the more serious charge.
Under the new definition, many recent high-profile cases may not have been prosecuted as murders, including the death of Damilola Taylor. In that trial, the youths who were accused of attacking the
10-year-old with a knife were charged with murder. They were all cleared.
The Law Commission report will also recommend
simplifying and clarifying the current “partial defences” of provocation and diminished responsibility which reduce a charge of murder to manslaughter. Judges have called for urgent reform, arguing that the state of the law risks miscarriages of justice because it is too complicated for juries to apply. The report is not expected to recommend putting mercy killing in a separate, lesser category of homicide. Although mercy killing is murder, juries are reluctant to convict and defendants usually successfully plead diminished responsibility, reducing the offence to manslaughter and allowing the judge to pass a non-custodial sentence.。