题目
求助:法律英文文献翻译(急啊.)
Criminalization and Decriminalization - Definition Of A "criminal" Sanction
Before examining the wide variety of issues involved in the choice of the criminal sanction, it is useful to consider what it means to call something a crime and, in particular, how criminal prohibitions differ from various civil laws and regulations. Although criminal penalties tend to be more severe than civil and regulatory remedies, perhaps only the death penalty is unique to the criminal law. Property is taken by taxation, civil fines, civil forfeitures, and compensatory or punitive damages; individual liberty may be denied by such civil procedures as quarantine, involuntary civil commitment, and the military draft. Thus, what principally distinguishes the criminal sanction is its peculiar stigmatizing quality, even when sentence is suspended and no specific punishment follows conviction. Criminal sanctions have traditionally been viewed as expressing society's strong moral condemnation of the defendant's behavior and its "hatred, fear, or contempt for the convict" (Henry M. Hart, Jr., p. 405). This is probably still true, despite the dilution of "moral" blame that has resulted from the continuing expansion of the criminal law.
A second distinguishing feature of the criminal law, which follows naturally from the special stigma and severe sanctions that may be imposed, is the strict procedure of adjudication required. As a matter of constitutional law, criminal defendants are entitled to proof beyond a reasonable doubt, the privilege against compelled self-incrimination, and numerous other procedural guarantees. Criminal statutes may also violate due process if they are unduly vague (City of Chicago v. Morales, 527 U.S. 41 (1999)), and they are traditionally construed narrowly, both as a matter of public policy and as a means to avoid unconstitutional vagueness problems.
A third distinguishing feature of the criminal law, which follows in part from the first two, is that it employs specialized agencies of enforcement: police, prosecutors, criminal courts, and correctional agencies focus their efforts largely or entirely on the criminal law.
急啊啊啊啊啊~~~我把所有分都给了,过了今天就没用了,希望兄弟姐妹们快帮忙啊.还有后半篇我另外发,希望帮忙啊
Criminalization and Decriminalization - Definition Of A "criminal" Sanction
Before examining the wide variety of issues involved in the choice of the criminal sanction, it is useful to consider what it means to call something a crime and, in particular, how criminal prohibitions differ from various civil laws and regulations. Although criminal penalties tend to be more severe than civil and regulatory remedies, perhaps only the death penalty is unique to the criminal law. Property is taken by taxation, civil fines, civil forfeitures, and compensatory or punitive damages; individual liberty may be denied by such civil procedures as quarantine, involuntary civil commitment, and the military draft. Thus, what principally distinguishes the criminal sanction is its peculiar stigmatizing quality, even when sentence is suspended and no specific punishment follows conviction. Criminal sanctions have traditionally been viewed as expressing society's strong moral condemnation of the defendant's behavior and its "hatred, fear, or contempt for the convict" (Henry M. Hart, Jr., p. 405). This is probably still true, despite the dilution of "moral" blame that has resulted from the continuing expansion of the criminal law.
A second distinguishing feature of the criminal law, which follows naturally from the special stigma and severe sanctions that may be imposed, is the strict procedure of adjudication required. As a matter of constitutional law, criminal defendants are entitled to proof beyond a reasonable doubt, the privilege against compelled self-incrimination, and numerous other procedural guarantees. Criminal statutes may also violate due process if they are unduly vague (City of Chicago v. Morales, 527 U.S. 41 (1999)), and they are traditionally construed narrowly, both as a matter of public policy and as a means to avoid unconstitutional vagueness problems.
A third distinguishing feature of the criminal law, which follows in part from the first two, is that it employs specialized agencies of enforcement: police, prosecutors, criminal courts, and correctional agencies focus their efforts largely or entirely on the criminal law.
急啊啊啊啊啊~~~我把所有分都给了,过了今天就没用了,希望兄弟姐妹们快帮忙啊.还有后半篇我另外发,希望帮忙啊
提问时间:2021-02-12
答案
" 罪犯 " 核准的 Criminalization 和 Decriminalization- 定义"
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