[英语视频]MJ2005辩护律师解释为什么检方以“误杀罪”而不是“二级谋杀罪”起诉莫里

cat2009

http://www.cbsnews.com/video/watch/?id=6185728n

时长大约有2分种，求翻译，谢谢！

感谢13楼Child.Prince   网友提供的听录内容：

R: joining us this morning for an early show exclusive interview from L.A. attorney Tom M who defended Jackson against child laws station charges in 2005. good morning mr. m. for days now we have heard the Jackson family express outrage over the fact that the charge will be involve manslaughter vs second degree murder. Is their anger justified? Did the DA get the charge wrong based on the evidence?

M: well, I am part of the investigation. Based on what I know, I think that the prosecutors have to be very careful with what they charge. If they charge murder and can’t prove it. Proving it means proving every element of the charge beyond any reasonable doubt. If they can’t prove it and he can end up walking on a voluntary manslaughter and murder. Cause juries don’t like to see prosecutors overcharge cases. They gonna try the case in the court, so they gonna be extra careful with what they do.

R: what lessons do you think that the L.A. DA has learned from prosecuting so many high profile cases happened last couple of years? O.J. Simpson? Filed spector? Robert Blake?

M: well, first of all, when the O.J.Simpson case, they file the case too quickly. They haven’t completed their investigation. They haven’t completed their four ? test. They did defend them in the trial, and they were not fully prepared. In the Robert blake case, the L.A. DA office tried to learn the lesson from Simpson. They didn’t file the case after a year after a thorough nationwide investigation. Unfortunately, F didn’t link MR. A to the crime and all their witnesses were poor. When in the filed specter case, they charge second degree murder. They did charge him with a conscious disregard for the victim’s safety by pulling a gun on her. Apparently. It can approved that he pulls the gun on people many times. They still got hunt th jury on the first time. They did convict on the second time. I think what they learned is that when you earn into Michael’s scope, when the nation and the world is watching you every move, you have to be extra careful and make sure and it doesn’t fact your decision. You gonna focus on your case like you would in the any other case whether it’s high profile or not.

飞扬清婉

因为没有谋杀动机，或者说找不到足够的谋杀的证据，不看也知道。

美丽小太阳

╮(╯▽╰)╭，英文我的悲剧啊

神被MJ救赎

同等，也就是这样的问题了...

cat2009

因为没有谋杀动机，或者说找不到足够的谋杀的证据，不看也知道。
飞扬清婉 发表于 2010-2-12 21:53

不是那么简单、

二级谋杀，是指其杀人行为并非经预谋或计划，且非出于义愤者。死亡结果的产生乃是肇因于行为人（你可以代入莫里，下同）之危险行为且行为人对其危险行为有未加以注意的明显过失。一级谋杀与二级谋杀主要的区别是有无杀人意图及杀人预谋策划。

因此我理解，如果有谋杀动机，那就是一级谋杀。

而依照目前我们从各种渠道所了解的情况，莫里做为医生在625当天的所做所为，比较符合“二级谋杀”的。所以我想听听专业人士的解释。

shell88

貌似是因为检方吸取OJ案的教训，觉得用这个罪名起诉比较有把握。

misswho2007

不懂law
望專業人士解答

tinachan0728

如果在檢方没有足够證據之下以二級謀殺罪起訴, 莫里無罪釋放的可能性更大, 大概是這個意思

davina

我觉得5楼解释得有点绝对了。谋杀无论一级二级都是有动机的杀人的，大概来说，视情节严重还有各种别的因素而定。杀人罪就是莫里这种所谓误杀。美国的法律很多是引用前例，所以都看具体情节，而且看检察官的风格。有点检察官喜欢定很多罪名，希望陪审团会至少定一个轻罪，增加几率；有的就定一个合适的，反而直奔主题。二级谋杀也是有动机的，但是可能不是那么预谋周全，比如说激愤之下杀人什么的，也是有动机。

定罪严格了肯定让陪审团反而同情疑犯，从而可能无罪释放了。而且陪审团定罪之后还有法官量刑轻重之分。

紫璇

手机杯具，看不到视频…不过我的英文同样杯具，估计看了也听不懂

Joice

有些专业术语听不懂.....

xhy

我觉得5楼解释得有点绝对了。谋杀无论一级二级都是有动机的杀人的，大概来说，视情节严重还有各种别的因素而定。杀人罪就是莫里这种所谓误杀。美国的法律很多是引用前例，所以都看具体情节，而且看检察官的风格。有点检察官喜欢定很多罪名，希望陪审团会至少定一个轻罪，增加几率；有的就定一个合适的，反而直奔主题。二级谋杀也是有动机的，但是可能不是那么预谋周全，比如说激愤之下杀人什么的，也是有动机。

定罪严格了肯定让陪审团反而同情疑犯，从而可能无罪释放了。而且陪审团定罪之后还有法官量刑轻重之分。

Child.Prince

听了个大概，粗略做了下笔记

R: joining us this morning for an early show exclusive interview from L.A. attorney Tom M who defended Jackson against child laws station charges in 2005. good morning mr. m. for days now we have heard the Jackson family express outrage over the fact that the charge will be involve manslaughter vs second degree murder. Is their anger justified? Did the DA get the charge wrong based on the evidence?
M: well, I am part of the investigation. Based on what I know, I think that the prosecutors have to be very careful with what they charge. If they charge murder and can’t prove it. Proving it means proving every element of the charge beyond any reasonable doubt. If they can’t prove it and he can end up walking on a voluntary manslaughter and murder. Cause juries don’t like to see prosecutors overcharge cases. They gonna try the case in the court, so they gonna be extra careful with what they do.
R: what lessons do you think that the L.A. DA has learned from prosecuting so many high profile cases happened last couple of years? O.J. Simpson? Filed spector? Robert Blake?
M: well, first of all, when the O.J.Simpson case, they file the case too quickly. They haven’t completed their investigation. They haven’t completed their four ? test. They did defend them in the trial, and they were not fully prepared. In the Robert blake case, the L.A. DA office tried to learn the lesson from Simpson. They didn’t file the case after a year after a thorough nationwide investigation. Unfortunately, F didn’t link MR. A to the crime and all their witnesses were poor. When in the filed specter case, they charge second degree murder. They did charge him with a conscious disregard for the victim’s safety by pulling a gun on her. Apparently. It can approved that he pulls the gun on people many times. They still got hunt th jury on the first time. They did convict on the second time. I think what they learned is that when you earn into Michael’s scope, when the nation and the world is watching you every move, you have to be extra careful and make sure and it doesn’t fact your decision. You gonna focus on your case like you would in the any other case whether it’s high profile or not.

顺⑦自然

等待翻译啊。。。。

cat2009

回复 13# Child.Prince

谢谢，我把到放到顶楼了。同时希望有朋友可以翻译一下。再次感谢。