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考研英语阅读DAY69
[摘要]
DAY69 Reading comprehension Direction: In this part, there are four passages followed by questions or unfinished statements, each with four suggested answers marked A, B, C and D. Choose the on e ...
DAY69 Reading comprehension Direction: In this part, there are four passages followed by questions or unfinished statements, each with four suggested answers marked A, B, C and D. Choose the on e that you think is the correct answer. Passage 1Justice and injustice in criminal adjudication are more than abstract concepts; in modern America each term conjures up its own paradigm image. Justice occurs in a somber courtroom where a robed reach a legal decision. Injustice is a bloodthirsty mob bearing lit torches, intimidating on the doors of the jail desperate to wreak revenge upon the suspected wrongdoer held within. This image of injustice provides many normative insights. One that courts have frequently drawn is that in criminal adjudication emotion is unalterably opposed to reason and thus to justice itself. Taking this principle a step farther, courts have urged that the more a legal issue might provoke popular rage, the harder courts must work to insulate the legal decision from emotive influence. The classic example is capital sentencing, an occasion which evokes strong emotions. Here the Supreme Court has worked to ensure that “any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion.” The Court has, over a period of years, undertaken an extensive regulatory project aimed at suppressing emotive influence in capital cases by mandating rationalistic ruled to guide sentencing. This insistence upon the injustice of all emotion stems from a misconception of emotion and its influence upon criminal punishment. Although the mobatjail scene illustrates that anger can lead to injustice, it does not support the proposition that all decisions influenced by anger are morally tainted. Anger can be justified and have moral decisionmaking is complex; untangling it involves a close examination of emotion than the law has generally undertaken. This has obvious significance for criminal law as a form of social concord. But it is also important for its alleged role as a restraint on power. Criminal law does little or nothing to restrict the efforts of the various professionals mow responsible for preventing and reshaping deviant behavior. Rather it is them who have colonized its territory, as in the welfare of the professional authority that legitimates them and because they enter into the enabling role of the state as dispenser of benefits. This is to say nothing of other forms of market and bureaucratic power and social control exercised by groups other than government. Under these conditions the alleged protections of the criminal law seem premised on a nineteenth century view of the state and society; those interested in the law in the twentieth century must look to the potential of administrative law rather than to criminal law. Either way critical writers would be wasting their time here. Whilst there is a lot of truth in this picture of the declining importance of criminal law, it is sensible not to exaggerate its loss of functions. From a critical point of view it would seem to retain a crucial ideological significance as being the form of closet touch with public. It is hard to credit the idea that these central liberal/bourgeois notions have been displaced by the newer disciplines and strategies. 1. The reason for the insulation of emotions in criminal adjudication is due to. A. the severity of the possible punishment B. the social concern for the adjudication C. the Supreme Court decision D. the ideal of keeping order 2. According to the authors opinion, the origination of the insistence upon the injustice of all emotion is A. that emotion is inevitably against reason and justice B. the misunderstanding of emotion and its influence C. the courts hard work to prevent the legal decision from emotive influence D. that the death sentence was based on reason through suppressing emotive influence. 3. Regards to the role of anger in adju
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