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波士顿法律第一季(MP3+中英字幕):第17集 死刑犯最后的辩护

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Hey, pretty boy.

嗨,帅哥
How'd you like to go to Texas?
有没有兴趣去德克萨斯
I'd love to. I haven't had my shots.
想去啊,可惜一直没机会
I used to work on the Texas innocence project.
我曾为德克萨斯的"无罪计划"工作过,
One of my cases is up on appeal and they've asked me back to argue.
我负责的一件案子现在提出上诉,他们要我回去
I could really use your help.
我真的需要你来帮忙
Because? My last appearance...
为什么,我上次出庭?
I unfortunately lost my temper with the chief judge.
很不幸的,和主法官有点不愉快
I'm afraid he could be prejudiced against me.
我担心,他可能会对我有成见
So I'm looking for the best lawyer I can find.
所以我要找个最棒的律师
I think that's you.
你是最佳人选
What kind of case is this? Capital.
什么罪名,死罪
The client is scheduled to be executed in 72 hours.
被告72小时之内将被行刑
He could be innocent.
他可能是无辜的
What do you say?
你怎么打算
I say I've always wanted to go to Texas.
我一直很渴望去德克萨斯
I certainly appreciate you seeing me, Shirley.
很感谢你抽空见我,雪莉
I know how busy you are.
我知道你很忙
Miriam, how long have we known each other?
米里亚姆,我们认识多久了
Well, certainly very long.
应该很久了
But I am mindful of your hectic schedule, and I'm appreciative.
不过我也注意到你的忙碌,我非常感激你
What's up?
出什么事了
Well, I don't know exactly how to say this,
其实,我真不知道该如何说
especially to someone with whom I've enjoyed a long and rewarding friendship.
尤其是对于那些,与我有着长久深厚友谊的人
But I've gotten myself into a situation.
不过,我陷入了个麻烦
I'm beginning a trial next week in which I'm...
下个星期我将要出庭,作为
the defendant.
作为被告
It's a criminal case?
是刑事案件
I'm charged with engaging in sexual conduct for a fee.
我被指控涉嫌性交易
You paid a man to have sex with you?
你出钱让男人和你发生性关系
Many times.
很多次
When you say "many times"...
你所谓的"很多次"是?
Hundreds.
几百次
You are not going to wear that once we get there.
我们一到德克萨斯你就把它摘下来
Why not? This court antagonizes easily.
为什么,这样很容易冒犯别人
Understood. How do I look?
知道了,我看上去如何
The client's name is Ezekiel Borns.
被告名叫Ezekiel Borns
He likes to be called Zeke, he has an I.Q of 80.
喜欢别人叫他Zeke,他智商80
He was convicted eight years ago in the shooting death of a gas station attendant.
8年前,他被指控射杀了一名加油站工作人员,法庭判他有罪
We finally got a DNA test ordered. It came back negative.
我们最终通过DNA测试证明他是清白的
One would think that would be enough to clear him.
那足以替他澄清罪名
But the problem is he confessed after an all-night interrogation.
问题是,经过一夜的审讯后他认罪了
He could have been coerced, maybe brainwashed, maybe both.
可能是被强迫或被说服,或者两者都有
When we land, I would like you to go meet Zeke
到达后,我希望你去见一下齐克
while I try to get a meeting with the D.A.
我会和地方法院检查官谈一谈
I assume you already tried the governor.
我猜你已经和州长谈过了
I'm told he giggled.
据说他根本不在乎这案子
High court is our last stop.
高等法院是我们最后一搏
High court? Texas doesn't have a supreme court.
高等法院,德克萨斯没有最高法院
They have two High courts, one for civil, and one for criminal.
他们有两个高等法庭,一个民庭,一个刑庭
And the chief judge on the criminal High court...
而刑庭的主审法官?
we had words on another case.
我们曾在另一个案子中有过节
When you say you had words...
有过节指的是?
I called him a disgusting fat pig.
我说他是个恶心的肥猪
Denny Crane Denny Crane? Oh, no, I, I couldn't possibly...
哦,不,我不想?
Miriam, listen, your case comes before judge Clark Brown.
米里亚姆,听着,你案子的法官是克拉克·布朗
Denny seems to have a take on him.
丹尼对他似乎很有一套
I couldn't possibly.
我决不能用他
Shirley?
雪莉...
I don't tell people this,
这事我没和别人说过
but Denny and I...
可是Denny和我?
I once had relations with him.
我曾经和他上过床
Listen, this many offenses...
听着,这么多的指控?
you could be looking at time here.
你可能会被判刑
If Denny gives us any advantage at all...
丹尼是可以帮我们的人?
I'm so beyond humiliated.
我感觉太羞愧了
Which brings me to my next bomb.
我接下来说的,会更严重
I see no real defense here, except, perhaps, medical.
这案子没有辩护的余地,除非,用医学为切入口
I'd like to be able to tell the jury that...
我希望能够告诉陪审团
you're a nymphomaniac.
你是个女色情狂
Has he ever shared with you any information
他是否告诉过你什么
that could possibly contradict his signed confession?
可能和他认罪相抵触的
Uh, no, but I'd never quire.
没有,我从没问过
Not a curious guy, Father.
没好奇心啊,神父
The role of clergy is only to get the inmates ready and willing to die.
牧师的工作只是,让狱囚准备好面对死亡
Zeke
齐克
My name is Alan Shore.
我是艾伦·肖尔
I was all doped up.
我当时吸了毒
I remember being at the gas station, but...
我记得去了加油站,但是?
Well, Zeke, why did you confess?
好吧,齐克,你为什么认罪
They kept telling me I did it.
他们一直说,是我干的
And they had witnesses. I knew I had been there.
而且他们有人证,我记得我到过那个加油站
I probably did do it.
有可能是我干的
Your confessions didn't include the word "probably."
你的证词里可没有说"可能"
Zeke, you have no memory of shooting the attendant.
齐克,你不记得射杀了那个人
You're gonna get me sent to hell is what you're doing.
你做的事会让我下地狱的
I beg your pardon? I've already made my peace with god.
什么,我已经和主忏悔了
If I start saying I didn't do it...
如果我又说,我没有做过?
Zeke, I'm trying to prevent your being executed.
齐克,我在尽力让你免于死刑
They're gonna kill me, Mr. Shore.
他们就要杀我了,肖尔先生
And my only salvation's in the next world.
我唯一的解脱就是去另一个世界
I gotta keep my peace with god.
我将与主同在
Is this from his trial lawyer?
这是出庭辩护的律师给的
Went into a 12-step program.
是个12步法
Had to apologize to those he let down.
他要向他辜负的人道歉
Has Zeke seen this? We sent him a copy.
齐克看过这个吗,我们给了他一份拷贝
Zeke doesn't write back.
齐克没有回信
Right.
是的
Nymphomania? Anything you can find.
女色情狂,找所有相关资料
And we'll need to line up an expert who can testify possibly as soon as tomorrow.
我们需要一个专家出庭作证,最快明天就能准备好
It's not a real disease.
这不是真正的疾病
It's an excuse offered up by sex-perv sickos.
只是性变态的家伙找来的借口
Yes, Brad, thank you for that. It's also a sexist diagnosis, as well as bogus.
是的,布拉德,多谢了,这不仅是个伪造的诊断,还有性别歧视的倾向
If a man was running around trying to shtup everything he could,
如果一个男人每天粘花惹草
we wouldn't say that he had a disease, we would just call him...
我们不会说他有病,我们只会说他是?
Denny Crane
丹尼·克兰
Exactly. I'll need that research ASAP.
你说的没错,尽快给我研究报告
Denny, right this way. Thank you for joining.
丹尼,来这边,多谢你能来
I'm a very busy man. I have a caseload.
我真的很忙,还有一大堆案子要办
You wouldn't believe. So...
你不会相信,所以?
Hello, Denny.
你好,丹尼
Miriam
米里亚姆
Don't tell me I have another child.
别告诉我你怀了我的孩子
Miriam has a criminal case beginning tomorrow.
米里亚姆明天要上庭,一个刑事案件
Criminal?
刑事案件
What did you do?
你做什么了
I can tell you what she's charged with.
我可以告诉你她因何被指控
Can I count on your sensitivity?
你能留点口德吗
Of course.
当然
She's charged with engaging in sexual conduct for a fee.
她被指控涉嫌非法性交易
You're a hooker?
你是个妓女
I'm leaving. No.
我要走了,不是
She paid for sex. She didn't charge for it.
她出钱,她不是接受方
And the judge is Clark Brown, which is the reason you're here,
而且法官是克拉克·布朗,这就是要你来的原因
in addition to your profound tenderness.
还有,你独特的亲和力
We plan to perhaps use a medical defense of...
我们计划,可能会借用病理来辩护?
nymphomania.
女色情狂
Denny You're a nymph?
丹尼,你是色情狂
You mean when you and I went on that long weekend to Napa, and, and
那你和我去Napa度周末时
you did those things...
你做的那些
She was sick.
她有病
We have work to do. We can't...
还有事要做,我们不能?
I'm not about to go to Texas and not ride the mechanical bull, Chelina.
到Texas不骑一下机械旋转牛,Chelina
That would be like going to Los Angeles and not sleeping with Paris Hilton.
就好象去洛杉矶却没和帕里斯·希尔顿睡过,
You'll get hurt. Nonsense.
你会受伤的,胡说八道
I grew up riding ponies in the pumpkin patch.
我是在南瓜地里骑着小马长大的
Chelina
Chelina.
Yes. We've just had a slight delay.
是的,我们要稍迟一点
Alan wants to ride a bull.
艾伦想要骑牛
Can you get me the case?
能把案例给我吗
Fax it to the motel.
传真到旅馆
Thank you.
多谢
Evidently, an execution got stayed in Connecticut.
康涅狄格州一个死刑犯的刑期得到了延缓
The lawyers argued something called "death row syndrome."
律师们正在讨论"死囚区综合症"
Death row syndrome?
死囚区综合症
The theory being that death row can actually overwhelm the will to live,
理论上说,死囚区会迫使人们,放弃求生的意志
and contribute to a general incompetence.
以致于作出错误的决定
That could be Zeke. Exactly.
Zeke就是这类,没错
Notify my next of kin. Oh, god.
如有意外,通知我家人,我的天
Novice, intermediate, or expert? Expert.
初学者级,中级,还是专家级,专家级
I teach it, actually.
事实上,我是教这个的
Do I get a whip? Intermediate. Intermediate. Chelina
没有鞭子嘛,换中级,换中级,Chelina.
We will.
我们会去
10:00 A.M. is, it's fine. We'll be in his office.
早上10点,很好,我们会准时到的
Thanks, Jerry.
多谢了,杰里
We got our meeting with the D.A. Great.
我们可以和地方检查官谈谈了,太好了
Intermediate. Help. Help! Intermediate!
换中级,救命,救命啊,换中级
It's not a real disease.
那不是病
It is part of our culture, Brad, and our role here is as advocates, remember?
那是传统的观点,布拉德,我们要做的就是改变它,不是嘛
Shirley, that point is well taken. Shirley
我们非常理解你的意思
There is an enormous risk with this kind of defense.
这种辩护有极大的风险
If the jury rejects it... but juries often don't.
如果陪审团拒绝? 但通常陪审团不会拒绝
In 1970, we had the cable car nymphomaniac in San Francisco.
1970年在旧金山有个电车色情狂案,
She was awarded $50,000 for a crash that left her with a demonic sex urge.
女当事人称事故留给她"恶魔般的性冲动"后来她得到五万美元的索赔
That case occurred when the medical community was more open to the diagnosis.
当时,医学界对这类诊断更加开放
Well, there are other possible diagnoses as well.
好吧,还有另一种可能性
She could be bipolar.
她可能是躁郁症,
There's also a condition known as Kluver-Bucy syndrome,
还有一种情况,被称为Kluver-Bucy综合症,
which can result in hypersexuality.
也可能导致性欲活动强烈
Miriam Watson is a very successful and private businesswoman.
米里亚姆·沃森是个事业有成,并且为人低调的女企业家
Should we raise nymphomania as a defense,
如果我们以女色情狂为由辩护
the media will have a field day.
媒体一定会大肆炒作
Which is why we're trying to nip this with a plea bargain.
所以我们要赶快达成认罪辩诉协议,
But without some defense, we have no leverage.
没有辩护,就不可能提出认罪辩诉
Judge Brown. Come again?
布朗法官,再说一次
I don't like it when you say that, Shirley. It puts pressure on me.
我很不喜欢你这么说,雪莉,让我倍感压力
What about judge Brown?
布朗法官怎么了
He's a virgin.
他是个处男
And that would be relevant how?
那又有什么关系吗
If he saw in our client an opportunity...
如果他能在我们当事人身上看到机会
May I speak to you two a second?
我可以和你俩私下谈谈嘛
This is not funny.
这不是儿戏
That man is a senior partner here,
那个男人是这里的资深合伙人
and the only time of the day he's not making lewd sexual inferences
今天他唯一一次没有做下流的结论
Lori? is when he's doing so blatantly.
洛里... 却仍如此口不择言
No, Shirley, I am sick of it.
不,雪莉,我受不了了
I am making an official complaint.
我是在提出正式控诉
You're on notice. And you're on notice.
你听到了,你也听到了
I've had enough.
我受够了
First, you cannot, cannot argue the morality of the death penalty.
首先,千万,千万不能质疑死刑的道德性
Every judge sitting up there is for it. Clearly.
这的每个法官都赞成死刑,显然是
Second, do not mention Zeke's innocence.
其次,不要提及齐克是无辜的
I'm sorry?
什么
They won't listen. He did confess.
他们不会听的,他已经认罪了
Isn't it the DNA test that got us the appeal?
不是DNA测试给了上诉的机会嘛
The DNA here does not exonerate him.
DNA并不能证明他无罪
It certainly indicates the presence of somebody else at the murder scene.
那显然说明,有其他人曾在案发现场出现过
Proving innocence is one thing.
证明无罪是一回事
But since we can't do that, our case here is procedural.
不过既然我们不能证明,我们能做的是按法律程序来
The DNA result is ancillary evidence,
DNA结果作为证据倒是其次
which hopefully will occasion them to look at procedural flaws.
主要是希望能引起人们,对法律程序漏洞的注意
Does that make any sense?
明白了嘛
Yes, it does.
明白了
This is Texas.
这就是德克萨斯
I must say, I agree with the district attorney.
我得承认,我认同地方检查官的意见
If this were a one-time offense,
若是糊涂一次也就罢了
but the complaint alleges over 100 infractions.
不过若说犯100多次错误
It's shocking. If I may, your honor.
那就骇人听闻了,法官大人,请允许我说
This is a victimless crime. Victimless?
这起案件没有人受害,没人受害
When somebody's action impugns the values of society,
当某些人的行为影响到社会价值观
we are all victims. Yes, yes, yes for all that.
我们就都是受害者,是的,一点没错
But consider the shy people.
可是想想那些害羞的人们
The shy people? Yes.
害羞的人们,是的
If one were a single man, painfully shy,
比如有个独身男人,非常害羞
a virgin, time running out, one might like to meet this woman.
处男,时日不多,他一定很希望遇到这样的女人
She could help one.
她可以给他帮助
He's mentally impaired, Glenn.
他有智力障碍,格伦
You know this. Your own expert said so.
你知道的,你的专家也这么说
He was born with severe fetal alcohol syndrome.
他天生患有严重的胎儿醇中毒综合症,
Chelina, this was all raised at trial. Chelina
这些审判时都提过了
Now, at some point, a finding has to be final.
现在,我们要做的是最终裁决
I'm sorry. I realize I'm new,
对不起,我知道我才来
but didn't the supreme court rule you can't execute mentally retarded people?
不过高等法院是否禁止,对智障人士执行死刑
He has an I.Q of 80.
他的智商是80
The cutoff point for retardation in Texas is 70.
在德克萨斯,智障定义是智商70之内
Did you even read the prison reports on Zeke's character?
你没有没看过监狱提供的,有关齐克性格的报告
This isn't about whether he's been a good boy in prison.
在牢里当模范生跟这个并无关系
Point is what he did at the gas station.
关键是,他在加油站做过的事情
Perhaps he didn't do it.
他也可能什么都没做
He has an I.Q of 80.
他智商只有80
All you really have is a confession, which most likely was a product of coercion.
你们有的只是他的认罪书,看上去像是严刑逼供的结果
No weapon was found. DNA placed someone else at the scene.
没有凶器,DNA显示有其他人到过现场
How about on the possibility of Zeke Borns' innocence,
看在Zeke Borns有可能是无辜的份上
we hold off just a bit on killing him?
推迟死刑的日期怎么样
You must be new to Texas, Mr. Shore.
你一定是初来德克萨斯 肖尔先生
I told you not to raise innocence. How could we not raise it?
告诉过你,不要提无罪,为什么不能提
They hear it all the time, Alan, don't you get it?
他们天天都在听,艾伦,你还不明白
"My client is innocent. My client is innocent,"
"我的当事人是无辜的,我的当事人是无辜的"
every single complaint case. It's the standard refrain.
这是每个申诉个案的固定台词
It has no impact when you can't actually prove it, which we can't.
但如果证明不了,这句话就是废话,而我们的确证明不了
The trier of fact found him guilty. That doesn't mean we can't argue...
法官和陪审团裁定他有罪,但并不表明我们不能?
Look, I've done this before.
听着,我之前也这么做过
I know the way it works down here.
我知道在这里该怎么做
Our claim has to be procedural. It's the only chance Zeke has.
我们必须按程序来申辩,这是齐克的唯一机会了
And before you march into court
在你走进法庭
and tell everybody that the confession was coerced,
告诉大家,他是屈打成招前
keep in mind Zeke hasn't recanted.
先记得,Zeke并没有推翻他的认罪
He's still maintaining he did it.
他始终坚持,他杀了人
Lori, while we understand your issues with Denny, Lori
我们很清楚你对Denny有意见
while we are certainly taking steps to resolve them,
我们也在着手解决这个问题
I don't think you need to lodge an official complaint of sexual harassment.
我觉得,你没必要提出性骚扰的正式控诉
Shirley? Because if you do,
雪莉,因为如果你这么做
we are required by law to initiate certain procedures.
我们不得不按法律要求执行特定程序
It could get very messy for all involved.
对大家来说都是个麻烦事
Is that a threat?
你是在威胁我
He is ultimately a benign man who we all happen to care about,
他本性纯良,我们都很关心他
including you.
你也不例外
I think what you really mean to do is to voice your concern unofficially.
我想你真正想做的,是非正式地表达你的担忧
I am making an official complaint.
我是在提出正式控诉
If there's paperwork to be filled out, please have the forms sent to my office.
如果有什么文件需要填写,请你送到我的办公室来
You little bitch.
真是个倔丫头
There is no evidence of you ever having had a gun before,
没有证据表明你曾经有过枪
or ever shooting one.
更没有开枪记录
Zeke?
齐克...
I certainly don't wanna put words in your mouth,
我真的不想教你说什么
but if you have no memory of doing it...
但是,如果你根本不记得杀了人?
If you don't recant,
而你又不翻供
by this time tomorrow, you will be dead.
明天的这个时候,你就会死
I'm gonna be dead no matter what.
不管怎么样,我都会死
The question is, do I go with god on my side or not?
我担心的是,主是否会站在我这边
From what little I know of god, Zeke, he's on your side no matter what.
以我对主的微薄了解,齐克,无论如何,主都将站在你的一边
He also favors the side of truth.
但主更爱真理
Now, if the truth is you didn't do it...
但是,如果事实是,你没有做过?.
I did drugs.
我嗑药了
I stole.
我还偷东西
I was a bad person.
我是个坏人
And now I need to be a strong person.
现在,我要表现得勇敢一点
I need to have courage now for once.
这次,我必须鼓起勇气
I'm gonna be brave.
我必须勇敢
After my marriage dissolved, my sexual desire became inflamed.
我的婚姻破裂之后,我的性需求非常强烈
I was in a few relationships,
我曾和一些人发生过性关系
and my appetite took on more the form of an addiction.
我的欲望比上瘾更为强烈
When you say "addiction"...
你说的"上瘾"是?
Now whenever I so much as look at an able-bodied man,
现在,不管何时,当看到强壮的男性
my southern region turns tropical.
我的下体就会变得兴奋
And this compulsion led you to male prostitutes?
这种冲动导致你去找男妓
Where else was I to go?
我还能去哪儿
I'm a 56-year-old woman.
我是个56岁的老女人
It's not as if I can walk into a bar, or...
不能再进出酒吧,也没有
I suppose if I were in a relationship...
固定的性伴侣
What the hell was that?
这究竟是怎么回事
"My southern region turns tropical," that little look to the judge?
"我的下体就会变得兴奋"再偷偷看向法官
Did you coach her to do that?
是你教她这么做的
If the judge likes us, he gives us a good instruction.
如果法官倾向我们这方,他会暗中帮助我们
It's as simple as that. He might even give us a directed verdict.
就这么简单,他甚至可以给我们直接裁决
I'm sensing some intent issues with the prosecution's case.
在这个起诉案里,个人的倾向性会起作用
I can feel it.
我能感觉得到
The judge has intent issues.
法官?.倾向了我们这方
These judges are only human, Chelina.
法官也只是平凡人,Chelina
They certainly have to appreciate the possibility of his innocence here.
显然他们也该意识到,他有可能是无辜的
When I left this job, I told everybody it was because I wanted to make more money.
当初辞掉这份工作时,我告诉大家,因为我想赚更多的钱
The truth is I couldn't take it anymore.
事实上是,我坚持不下去了
I couldn't take seeing clients die.
我无法眼睁睁看着他们死
Did you win any?
你没打赢过
Sometimes you must have prevailed.
有时你还是会成功的
I remember reading a death penalty was overturned here just last year.
我记得,去年这里有件死刑案上诉成功了
Yeah, a New York firm volunteered to handle it.
是的,纽约一家事务无偿办了那案子
It took them 10 years and cost $5 million.
花了10年,近500万美元
The state of Texas has the most overwhelmed and underfunded defense bar in the country.
对辩护律师的打击和资金短缺,德克萨斯州是全国出了名的
They get $25,000 to appeal a death case.
一件死刑案的上诉,辩护律师预算是2万5
The prosecutors have an unlimited budget.
检控官却没任何上限
It's a joke, Alan. We have good grounds here,
这太荒谬了,艾伦事情没有那么糟糕
the trial lawyer has admitted he provided inadequate counsel.
齐克的辩护律师也承认,他做的准备不足
Alan, this is the court that held a sleeping lawyer isn't necessarily inadequate. Alan
这里的法庭认为,一个走神的律师未必是不称职的律师
You have to show he was sleeping during the important parts.
你得证明齐克的辩护律师,在关键时刻走神了
You asked me before why Texas,
你之前问过我
instead of having a supreme court, it has two High courts?
为什么德克萨斯有两个高等法院,而不是一个最高法院
The reason...
理由是?
is to speed up the death cases.
为了加快死刑案的审理
They've cut the time it takes to execute people in half.
他们把执行的时间缩短了一半
It's why Texas leads the country in executions proudly.
这就是德克萨斯引以为傲的事,他们的死刑数量在全国领先
Seven of the nine judges you will face tomorrow are former prosecutors.
明天你将面对的9个法官中,有7个曾经担任过检查官
Hey. Hey. I promise you...
我向你保证?
by the time I finish tomorrow,
明天等我办完这个案子
those judges, every last one of them will rise up and say,
那些法官,他们所有人都会站起来怒吼
"Never mind executing Ezekiel Borns, let's kill Alan Shore instead."
"别管Ezekiel Borns的死刑了,还是杀了Alan Shore吧"
I'm sorry.
对不起
Maybe we...
也许我们?
we should probably get back to work.
我们最好还是继续工作
Yeah.
好的
You told me there be a public presence here, Jerry. There's one protestor outside.
是你说有公众示威的,杰里,现在外面只来了一个人
What am I gonna do, Chelina? It's just not as big a story as it used to be.
我能怎么做,Chelina,这新闻不如以前那么新鲜了
We'd be better off with nobody than one.
就一个人,那还不如取消算了
I'll call you after.
一会再打给你
I told you you are not wearing that hat.
告诉你不要戴那帽子了
Take it off.
脱了
Listen, last night...
听着,昨晚?
sometimes lawyers will bond over a cause, and, well, I...
有时候,律师会因为同病相怜而?
Chelina
Chelina,
let's go argue the cause.
我们谈谈案子吧
Remember, this motion is a nuisance to them.
记住,他们很讨厌这种案子
They will antagonize you.
他们会对你有敌对态度
If you even feel yourself wanting to retaliate, you say,
如果你觉得你想要回敬他们,你就说
"with all due respect, may it please the court."
"冒昧说两句,但愿法庭会容许"
Anything else?
还有别的嘛
Persevere.
坚持到底
They will try to shut you down before you even begin.
一上来他们就会压制你,不给你机会
Persevere.
一定要坚持
I got it.
我知道了
There is no question that
毫无疑问
the defendant entered into a transaction for sex with someone for consideration.
被告走进风月场所做有偿性交易
However,
然而
one element of this crime is criminal intent.
本案关键在于犯罪倾向
The burden is on the prosecution to prove this element beyond all reasonable doubt.
检控方必须能够排除合理的怀疑
If a medical condition deprived the defendant of her free will,
如果一些医学原因使,被告作出违反她本意的事
or even unduly influenced her, she lacked that intent.
甚至对她有不正当的影响,那么被告不具备犯罪倾向
Since the prosecution failed to eliminate
既然检控方无法排除
hypersexuality or bipolar syndrome
性欲过度,躁郁证
or Kluver-Bucy syndrome as a cause for her conduct,
或Kluver-Bucy综合症,对其行为的影响力
well, then, I feel I have no choice but to deliver a verdict in favor of...
那么,我不得不判决,获胜方是?
the defendant.
被告
Miss Watson, you are free to go.
沃森女士,你可以走了
What?
什么
You got to that judge.
你去找过法官
I don't know what you're talking about. You knew his ruling by heart.
我不知道你什么意思,你知道他的判决词
Boilerplate. A ruling that was ridiculously pro-defense.
他的判决词就是那几句,辩护前法官就已经做好了判决,太荒谬了
Denny Crane
丹尼·克兰
What did you do, promise him a date with our client?
你干了什么,安排他和当事人约会
First of all, I would never ever do anything like that, never.
首先,我不可能做这种事,绝对不会
Secondly, if I did, I would never ever tell you. Never.
再说,就算做了也不会告诉你,绝对不会
Third...
另外?
And you, was there any quid pro quo here?
还有你,你提供了什么交换你的自由
How dare you? Oh, never mind how dare me.
你怎敢这么说,哦,别管我敢不敢
You're a serial intercourser. That ruling was suspect.
你不介意和谁上床,我怀疑这个裁决是怎么来的
Bribing a judge. Never did that.
竟然贿赂法官,从没这么做过
Well, the two of you are going to have to live with yourselves on this one.
你们俩以后会一直活在罪恶感里的
For now, like the judge says, you're free to go, as is your lip.
如法官所言,你可以走了,你愿意和谁上床就去吧
Ezekiel Borns Ezekiel Borns murdered a man in cold blood for a few dollars.
为钱残忍的杀害了一个人
He confessed to it.
他也认罪了
The petitioner has gone up and down state and federal courts,
上诉人,在州法院和联邦法院忙活着
exhausting his appeals,
竭尽所能的申诉
losing his habeas arguments,
人身权的论据站不住脚
and failing on claims of constitutional violations.
违反宪法的断言也靠不住
Four different courts of appeal have reviewed
四个不同的上诉法庭审查了
and rejected each and every one of his arguments.
并驳回了每一条论据
Now is the time for this man to pay the penalty
现在,是时候让他接受
imposed on him fairly and legally.
公正合理的惩罚了
Now, a Texas jury has decided that Ezekiel Borns is a dangerous killer.
德克萨斯的陪审团应该裁定,Ezekiel Borns是个危险的杀手
He has forfeited his right to live.
他没有继续生存的权利
Thank you.
谢谢
"With all due respect, may it please the court."
"冒昧说两句,但愿法庭容许"
Good afternoon, my name is Alan Shore.
下午好,我叫艾伦·肖尔
Mr. Shore, what are the new issues being raised here?
肖尔先生,你有什么新问题吗
The first issue before the court
我的第一个问题
concerns the absence of any African American jurors.
是此法庭缺少一个名非裔陪审员
That was previously argued and ruled on, counsel.
此问题已经提过并解决了,辩护律师
Yes, before the lower courts. This bench has never considered...
那是在下级法院,本庭从未考虑?
We're not persuaded that the absence of a black juror
没有非裔陪审员
is in violation of due process.
并不违反任何法律程序
What's your next issue?
你还有什么疑问
I would turn the court's attention to the fact that the grand jury
我希望庭上注意,指控Borns先生的大陪审团
which indicted Mr. Borns similarily was all white.
几乎都是白人
This raises equal protection laws...
平等保护法律?.
That issue was never raised, and is therefore waived.
该问题未被提起,所以勿须讨论
Your honor, Texas law requires that the jury recommend death only in cases
法官大人,德克萨斯法律认为,陪审团只能在认为被告可能
where they find that the defendant poses a threat of future dangerousness to society.
在未来对社会有一定威胁性时,才能建议执行死刑
We maintain this is unconstitutional.
我们认为这是违反宪法的
Juries are supposed to find elements of guilt and innocence
陪审团应该在排除合理疑问的基础上
based on facts beyond a reasonable doubt, not on the basis of perceived probabilities.
判定是否有罪,而不是基于自己的主观判断
Moreover, as a practical matter,
而且,事实上
since Ezekiel Borns will remain in prison for life,
既然Ezekiel Borns将在牢中度过余生
he couldn't possibly constitute a future threat to society
他不可能对社会造成任何危害
unless the law assumes prison breaks.
除非说,法庭认为他会越狱
Well, that's an interesting issue, counsel,
这个问题很有趣,辩护律师
but that also was never raised, and therefore, it is deemed waived.
不过,这个问题也并未举证,因为也可以省略讨论
Next.
还有嘛
May it please the court,
冒昧说句
Mr. Borns' trial lawyer has recently admitted he was ineffective counsel.
Borns的辩护律师,最近承认自己的工作不称职
He was abusing cocaine and alcohol during the trial...
他曾在审讯期间服用可卡因和酗酒?
Not legally inadequate. I believe if you examine the transcripts...
并没有违反法律,我相信,如果你看过法庭记录?
Mr. Shore, representation can always be better,
肖尔先生,你的陈述很精彩
especially when we play Monday morning quarterback.
不过都是放马后炮
With all due respect,
请恕我直言
this lawyer never gave an opening statement.
该律师从未做过开庭陈述
He never questioned several of the prosecution's witnesses.
他从未盘问过检控官的证人
He failed to pursue a number of leads and important sentencing issues.
大量线索没调查,重要的宣判也没看
This court right here today
今天在这里,法庭发现
has recognized that many valid grounds for appeal were never raised.
那么多有效上诉论据都没有被举证
This court is satisfied that the representation was adequate.
法庭认为,双方的陈述都很令人满意
Is there anything else?
还有什么问题
Yes, Mr. Borns may be innocent.
是的,Borns先生也许是无辜的
The jury disagreed,
陪审团并不这么认为
and legally, that issue has been settled.
而且,法律上,该问题已经解决了
The DNA evidence shows somebody else was there.
DNA证据显示,有其他人在现场
But it does not disprove that your client was also there.
但是并不能否认,被告也在现场
And your guy confessed, by the way.
而且,那家伙自己承认的
My client has an I.Q of 80. He was interrogated for 16 hours.
我的当事人智商才80,他被审问了16个小时
Coercion was never raised.
逼供没有被提出过
It was never raised because his lawyer was an inadequate hack,
没有被提出是因为,他的辩护律师是个不负责任的家伙
though the nine of you seem quite satisfied with his performance,
尽管你们9位似乎很满意他的表现
with all due respect.
请恕我冒昧
Mr. Shore, you came down here from Massachusetts?
肖尔先生,你是从马萨诸塞州来的
Yes, sir.
是的,先生
We in Texas have been living with this case for eight years.
在德克萨斯,我们为这案子忙了8年
You've been living with it personally?
是您亲自负责的嘛
May it please the court.
但愿法庭容许我这么问
You first met Mr. Borns when?
你第一次见到Borns先生是什么时候
Yesterday.
昨天
And you are proposing to us that you know him?
你是想告诉我们,你了解他
You know what I'd like to propose?
你知道我想说什么嘛
I'd like to propose that you got a problem with the death penalty in general.
我想说的是,你们在衡量死刑方面,有很大的问题
Now, is that why you came here, sir?
那么,这就是你来的原因
I am here, with all due respect, may it please the court,
我来这里,冒昧说这句,希望法庭容许
because I have a problem with a state executing a man with diminished capacity
是因为我看不惯一个,对智障人士执行死刑的州
who may very well be innocent.
而且那个人可能是无辜的
I'm particularly troubled, may it please the court,
我于心不安,冒昧说这句
with all due respect, that you don't have a problem with it.
希望法庭容许,你们似乎对此没有意见
You may not want to regard my client's innocence,
你们不愿承认我的当事人是无罪的
but you cannot possibly disregard the fact
但是你们不能够否认事实
that 117 wrongfully convicted people
在这个国家,有117个被错判的人
have been saved from execution in this country, 117.
被免于了执行死刑,117个人
The system is hardly foolproof.
死刑的体制一点都不牢固
And Texas, this state, is responsible for a full third of all executions in America.
而德克萨斯州的死刑案占了全美1/3
How can that be?
为什么会这样
The criminals are just somehow worse here?
这的罪犯更恶劣吗
Last year, you accounted for fully half of the nation's executions,
去年,全国的死刑,你们占了一半
50% from one state.
1个州就占了一半
You cannot disregard the possibility, the possibility that something's up in Texas.
你不能否认这个可能,那就是,德克萨斯州有麻烦了
I would urge you to confine your remarks to your client,
我劝你把这套论调跟你的当事人说
and not the good state of Texas.
而不是对善良的德克萨斯州人民
Zeke Borns never had a chance.
Zeke Borns从没得到机会
He was rounded up as a teenager,
他还是孩子时就被逮捕
thrown in a cell while he was still doped up on drugs,
在他因嗑药而昏迷时被关进监狱
browbeaten and interrogated until his I.Q of 80 was overcome.
饱受恫吓和审讯,直到被告完全崩溃
He confessed to a crime he had no memory of,
他认罪,但他并不记得
still has no memory of,
至今仍是
for which there is no evidence,
没有犯罪证据
other than two witnesses who saw him pumping gas around the time of the murder.
除了两个证人,在案发期间,看到他曾去加过油
He was given a coked-up lawyer who admittedly did nothing.
他被指派给一个嗜酒的律师,而他毫无作为
I'm now before nine presumably intelligent people in the justice business
在九个从事公正事业,显然智力超凡的各位面前
who have the benefit of knowing all of this.
你们有权了解这些事
Add to that, you know DNA places somebody else at the scene,
再者,你们知道DNA表明,有其他人到过现场
and you're indifferent!
你们却漠不关心
You don't care!
无动于衷
Whether you believe in my client's innocence, and I'll assume...
不管你们是否相信,我的当事人是无罪的,我认定
With all due respect, may it please the court, that you don't.
恕我直言,望法庭许可,你们不能?
You cannot be sure of his guilt.
也无法确信他是有罪的
You simply cannot.
显而易见
And failing that, how can you kill him?
既然如此,又如何能判他的罪
How can you kill him?
凭什么裁定他死刑
And I would sincerely, sincerely,
所以我非常,非常,非常诚挚的
sincerely hope that you don't penalize my client
希望你们不会处罚我的当事人
simply because his lawyers happen to be from Massachusetts.
特别是不要因为,他的律师来自马萨诸塞州
The home of the New England patriots,
新英格兰爱国者队的家乡
who could kick ass over any football team you've got in the good state of Texas,
他们可以踢败德克萨斯的任何一支球队
May it please the court.
希望法庭容许
I am so sorry.
我很抱歉
No, you don't have to apologize.
不,你不需要道歉
They gave you nothing.
他们不给你机会
You had no choice but to go with your passion.
你别无选择,只能跟着感觉来
Could have left out the slight on Texas football, but...
蔑视德克萨斯球队那段不该说,可是?
You were strong, Alan.
你很强势,艾伦
And maybe you reached them.
也许,你能敲醒他们
The court hasn't ruled yet.
陪审团还没裁决
Six hours before, he goes to Huntsville.
要提前六小时去亨茨维尔
That's the law. What's in Huntsville, bleachers?
这是法律规定的,亨茨维尔有什么,露天看台
The death house. They put me in the walls unit.
行刑的地方,把我关在封闭的房间里
Why move him if there's still a chance?
还没有定论,为什么要送他去
Jerry Jerry? No cell phones in here.
这里不能打电话
Just now?
刚才
They turned us down.
我们输了
Well, let's go then.
好了,我们走
I'm so sorry, Zeke. I'm ready, Chelina.
我很抱歉,齐克,我有准备,Chelina
I'm gonna be strong like a hero. You watch.
我会很勇敢的,你看着吧
Will you watch?
你会看我行刑吗
I want people to see me strong.
我希望人们看见我勇敢的一面
I got no family.
我没有家人
Will you come?
你会来吗
Sure.
当然
We'll be there.
我们会去的
Let's go, Zeke.
走吧,齐克
We'll go and see it together.
我们一起去
He bribed the judge?
他贿赂了法官
I can't be sure, but I think he had some undue influence.
我不确定,不过我想,他使用了不正当手段
As much as I adore him,
我这么欣赏他
it's only a matter of time before he brings this place to its knees.
但是他迟早会把这里搞垮
He's the named partner,
他是这里的合伙人
the lead named partner.
主要合伙人
I think we've gotta take him out.
我想,我们得请他走了
I get ice cream.
我要了冰淇淋
Chocolate. Yeah, you're set.
巧克力,恩,你决定吧
They said maybe sprinkles.
他们说也许还有些小糖粒
Guess I don't need to worry about my cholesterol.
我想不用担心胆固醇过高了
Governor's in Hawaii, unavailable.
州长在夏威夷,难以置信
There's still hope, however.
不过还有希望
I made a few calls, tracked down a woman I know
我打了几个电话,找到了个女人
who is actually performing in a charity luau where the governor is scheduled to be,
在州长出席的慈善宴会上表演
Polynesian dancer.
玻利尼西亚舞者
So you're saying this whole thing could come down to...
你是说,这整件事最后要取决于一个
A hula girl.
跳草裙舞的女孩
I know this girl. She's good.
我认识她,她很棒
Zeke. Let's do this.
齐克,就这样吧
I'm ready to die. I'm strong.
我准备好受死了,我很勇敢
Would you excuse us for a minute, please?
请让我们单独谈谈,可以嘛
Zeke, you talked about being a hero.
齐克,你说要象个英雄
Strong and brave may not go with hero here.
强悍和勇敢在这里并不适用
What do you mean?
什么意思
The state of Texas wants people to believe you're a monster.
德克萨斯当局希望大家认为你是个怪物
I think you should show them
我想,你应该告诉他们
you're a human being.
你是个人
And the human thing to do here is be afraid.
这种情况下,人通常会害怕
If you wanna be a hero,
如果你想当英雄
show people what it really feels like to be executed.
让人们看看,临刑前的感受
We're led to believe
我们一直认为
it's peaceful, painless,
临死前,很平静,没有痛苦
humane, even.
仁慈,坦然
I think you should fight to the end, Zeke,
我想你应该斗争到底,齐克
and show your fear.
表现出害怕
This is because you're against the death penalty, right? Well...
因为你反对死刑,是吗,好吧?
Whether a person is for or against the death penalty,
不管人们是抗拒还是接受刑罚
he or she should just know what it is.
他们都知道那是什么
The best way for you to be a hero, Zeke,
对你来说,成为英雄的最好方法,齐克
is to be human.
就是做回人类
I've also included a brief synopsis of the case history,
我还加入了一份过去案情的简要大纲
should he care to peruse it over a Mai Tai.
如果他想一边喝Mai Tai
Excellent, Angela.
很好,安吉拉
You have my number, you also have Alan's,
你有我的电话,也有艾伦的
and I've given you Chelina's cell, and the number at the WLS unit.
我也给了你Chelina的手机号
Thank you. Aloha. Make speed.
谢谢,再见,加把劲
He's actually petitioning the Texas governor by way of...
他真的要递陈情书给德克萨斯州长靠
Hula girl.
跳草裙舞的女孩子
Justice works in strange ways, Paul.
伸张正义的特别方式,保罗
Ask judge Brown.
你可以问Brown法官
Did Denny bribe him?
丹尼贿赂了他
I can only guess.
我只能设想
Tara, do you ever feel sexually harassed by Denny? Tara
你有没有被丹尼性骚扰过
Never.
没有
He never objectifies you?
他从未把你当作一样东西看待过
All men objectify me.
所有男人都只当我是一样东西
I don't.
我就不是
I don't!
真的
Hello, Angela
你好,安吉拉
Yes, without question.
是的,没问题
He must be there, Angela.
他应该在那里,安吉拉
I got his schedule directly from his press secretary's assistant.
我从他新闻秘书助理那里,得到他的行程表
You got my fax? In your hand?
收到我的传真了,在你手里
Then find the governor, get it in his hand.
那么找到州长,亲手交给他
We have less than 10 minutes. Maybe 5.
不到10分钟了,可能就5分钟
Okay.
好的
No cell phones are allowed in here.
这里不能打电话
How'd you get by with that?
你怎么拿进来的
I told the guard we were waiting for a last-minute call from your conscience.
我告诉护卫,我在等你们的电话,如果你们良心发现的话
Collect.
冷静点
Do you see that guy?
你看到那家伙了嘛
Media. One guy.
媒体,只有一个人
It's not even a story.
没人关心这事
Do I get to say my last words now?
我可以最后说几句吗
If you like.
想说就说吧
It's just...
其实?
I don't know if I did it,
我不知道是不是我干的
but if I did, I'm sorry, you know?
如果是,我很抱歉
Time to get on now.
该行刑了
Okay. Thank you for everything.
好的,多谢你们了
No.
Get his legs. Get his legs.
拉他的腿,拉他的腿
Get his legs.
拉他的腿
Get him on there.
把他放那儿
I got him.
可以了
Right there.
放这里

重点单词   查看全部解释    
intent [in'tent]

想一想再看

n. 意图,目的,意向,含义 adj. 专心的,决心的,

 
unlimited [ʌn'limitid]

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adj. 无限的,不受控制的,无条件的

 
testify ['testifai]

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v. 证明,作证,声明

联想记忆
innocence ['inəsns]

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n. 无罪,无知,天真无邪

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passion ['pæʃən]

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n. 激情,酷爱

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initiate [i'niʃieit]

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n. 创始人
adj. 新加入的
v

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troubled ['trʌbld]

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adj. 动乱的,不安的;混乱的;困惑的

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reasonable ['ri:znəbl]

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adj. 合理的,适度的,通情达理的

 
benefit ['benifit]

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n. 利益,津贴,保险金,义卖,义演
vt.

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refrain [ri'frein]

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n. 重复,叠句,副歌
v. 节制,避免,克制

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