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美国刑事诉讼法规定英文版In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law …在一切刑事訴訟中，被告應享受下列之權利：發生罪案之州或區域之公正陪審團予以迅速之公開審判，其區域當以法律先確定之；Sheppard v. Maxwell, 384 U.S. 333 (1966), was a United States Supreme Court case that examined the rights of freedom of the press （新聞自由）as outlined in the 1st Amendment when weighed against a defendant…s right to a fair trial （受公平審判權）as required by the 6th Amendment.After suffering a trial court conviction（定罪）of second-degree murder（二級謀殺）for the bludgeoning （棍棒毆打的）death of his pregnant（懷孕的）wife, Sam Sheppard challenged the verdict（陪審團裁定）as the product of an unfair trial（不公正審判）.Sheppard, who maintained his innocence（無辜）of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial（有偏見的）publicity（公開宣揚）that attended（出席、伴隨）his prosecution（起訴）.陪審團宣告無罪Once acquitted（宣告無罪）, a defendant may not be retried （重新審判）for the same offense（同一犯罪行為）: “A verdict （陪審團裁定）of acquittal（宣告無罪）, although not followed by any judgment（法院判決）, is a bar to a subsequent prosecution for the same offense.“ Acquittal by a jury is generally final and cannot be appealed（上訴）by the prosecution（檢方）.法院自己判無罪An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution（檢方）. A trial judge may normally enter an acquittal if he deems the evidence insufficient for conviction（不足以定罪）. If the judge makes this ruling before the jury reaches its verdict, the judge…s determination is final. If, however, the judge overrules（推翻）a conviction by the jury, the prosecution may appeal to have the conviction reinstated（恢復）證據不足撤銷定罪If a defendant appeals a conviction and is successful in having it overturned（推翻）, they are subject to retrial（接受重審）.An exception arises if the verdict is overturned on the grounds of evidentiary insufficiency（證據不足）, rather than on the grounds of procedural faults（程序錯誤）.不同罪名Another exception arises in cases of conviction for lesser offenses（較輕罪名）. If a defendant charged with murder in the first degree（一級謀殺）is convicted for murder in the second degree, and later the jury…s conviction is overturned on procedural grounds, the defendant may be retried for second degree but not firstdegree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly（暗示）acquitted them of first degree murder.同一犯罪De fendants may not more than once be placed in jeopardy for the “same offense”（同一犯罪行為）. Sometimes, however, the same conduct may violate different statutes. The defendant had first been convicted of operating an automobile without theowner…s consent, and l ater of stealing（偷竊）the same automobile. The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense. Therefore, it overturned the second conviction.審判無效mistrialMistrials（審判無效）are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.Furthermore, if a jury cannot reach a verdict（陪審團無法達成裁定）, the judge may declare a mistrial and order a retrial. When the defendant moves for（提議）a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion.雙重主權The clause, it has been held, does not prevent separate trials by different governments, and the state and federal governments are considered “separate sovereigns”（不同主權）. Therefore, one may be prosecuted for a crime in a state court, and prosecuted for the same crime in another state, a foreign country, or (most commonly) in a federal court.球隊隊員強暴啦啦隊員In March 2006 Crystal Gail Mangum, an African American student at North Carolina Central University who worked as a stripper（脫衣舞女）,dancer and escort（儀隊）, falsely accused three white Duke University students, members of the Duke Blue Devils men…s lacrosse（曲棍球）team, of raping her at a party held at the house of two team's captains in Durham, NorthCarolina on March 13, 2006.DNA檢測Shortly after the party, the prosecution ordered 46 of the 47 team members to provide DNA samples.On Monday, April 10, 2006, it was revealed that DNA testing had failed to connect any of the 46 tested members of the Duke University men's lacrosse team.照片指認問題During the photo identifications（照片指認）, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity.this was essentially a “multiple-choice test（複選題）in which there were no wrong answers",… "[t]he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.' U.S. Department of Justice guidelines suggest to include at least five non-suspectfiller photos for each suspect included撤回起訴On April 11, 2007, North Carolina Attorney General Roy Cooper dropped（撤回）all charges and declared the three players innocent（無辜）. Cooper stated that the charged players –Reade Seligmann, Collin Finnerty, and David Evans –were victims of a “tragic rush to accuse.”（急於指控之悲劇）檢察官被除名That June, Nifong was disbarred for “dishonesty（不誠實）, fraud（詐欺）, deceit （欺騙）and misrepresentation（不實陳述）”, making Nifong the first prosecutor in North Carolina history to lose his law license（證照）based on actions in a case. Nifong was found guilty of criminal contempt（藐視）and servedone day in jail. Mangum never faced any charges for her false accusations as Cooper declined to prosecute her.法律倫理“Legal ethics” （法律倫理）in the United States is generally understood to primarily apply to lawyers, while codes of professional responsibility（專門職業人員責任）also apply in a derivative sense (indirectly) to non-lawyers who work with lawyers, such as paralegals（律師助理、法務）or private investigators（私人調查員）.美國律師公會職業行為規則The American Bar Association （美國律師公會）has promulgated（公布）the Model Rules of Professional Conduct （職業行為模範規則）which, while formally only a recommendation by a private body, have been influential in many jurisdictions.各州州法自行規定律師執業守則In the United States, the practice of law is regulated by the governments of the individual states and territories（領域）.Each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems.各州懲戒權Every town in the United States has a regulatory（管制性）body (usually called a state bar association) that polices（維持）lawyer conduct. When lawyers are licensed （被許可）to practice(職業) in a state, those lawyers subject themselves to this authority. Overall responsibility often lies with the highest court in a state (such as state supreme court).懲戒Lawyers who fail to comply with（遵守）local rules of ethicsmay be subjected to discipline（懲戒）ranging from private (non-public) reprimand（訓斥）to disbarment （取消資格）.。
Constitution of the United States美国宪法中英文对照版PreambleWe, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.序言我们美利坚合众国的人民，为了组织一个更完善的联邦，树立正义，保障国内的安宁，建立共同的国防，增进全民福利和确保我们自己及我们后代能安享自由带来的幸福，乃为美利坚合众国制定和确立这一部宪法。
Article ISection 1 - Legislative powers; in whom vestedAll legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.第一条第一款本宪法所规定的立法权，全属合众国的国会，国会由一个参议院和一个众议院组成。
Section 2 - House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment.1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.众议院应由各州人民每两年选举一次之议员组成，各州选举人应具有该州州议会中人数最多之一院的选举人所需之资格。
英美司法制度contractlawContract Law in the United States and the United KingdomContract law is a crucial aspect of the legal systems in both the United States and the United Kingdom. It provides the legal framework for individuals and businesses to enter into agreements and enforce their rights and obligations. Although there are similarities between the contract laws in these two countries, there are also notable differences in terms of formation, interpretation, and remedies available to parties in case of a breach.Formation of Contracts:In both the United States and the United Kingdom, a contract is formed when there is an offer, acceptance, consideration, and an intention to create legal relations. However, there are some differences in the formation process.In the United States, contracts can be formed orally or in writing, unless there is a specific statute requiring a written agreement, such as for the sale of real estate. This is known as the "statute of frauds." In contrast, the United Kingdom has a stricter requirement for written agreements, as most contracts must be in writing to be enforceable.Interpretation of Contracts:Both countries use similar principles of contract interpretation, such as looking at the plain meaning of thewords used, the intentions of the parties, and the surrounding circumstances. However, there are differences in the approach taken by the courts.In the United States, the courts tend to focus more on the written terms of the contract and give less weight to the intentions of the parties. This is known as the "plain meaning rule." In the United Kingdom, the courts take a more holistic approach and consider the intentions of the parties as well asthe surrounding circumstances when interpreting the contract.Remedies for Breach of Contract:In cases of breach of contract, both the United States and the United Kingdom provide various remedies to the injured party. These remedies aim to put the non-breaching party in theposition they would have been in if the contract had been performed.Conclusion:Contract law plays a crucial role in both the United States and the United Kingdom, providing a legal framework for individuals and businesses to enter into agreements. While there are similarities in the formation, interpretation, and remedies for breach of contract, there are also notable differences. Understanding these differences is essential for individuals andbusinesses engaging in contractual relationships in either country.。
权利法案（美国）（中英文）1787年在费城起草的宪法，在各州审议批准的过程中，也有不少美国公民感到不安，因为宪法中并没有明确保障个人的权利。
因此，《宪法》补充了10条修正案，统一称为《权利法案》，英文叫The Bill of Rights.由于补充了《权利法案》，《宪法》在13个州均获批准，并于1789年生效。
第一条 Amendment ICongress shall make no law respecting an establishment of religion， or prohibiting the free exercise thereof； or abridging the freedom of speech， or of the press； or the right of the people peaceably to assemble， and to petition the Government for a redress of grievances.译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。
第二条 Amendment IIA well regulated Militia， being necessary to the security of a free State， the right of the people to keep and bear Arms，shall not be infringed.译文：纪律严明的民兵是保障自由州的安全所必需的，人民持有和携带武器的权利不可侵犯。
第三条 Amendment IIINo Soldier shall， in time of peace be quartered in any house， without the consent of the Owner， nor in time of war，but in a manner to be prescribed by law.译文：未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。
AmericanLegalSystem美国大法学家哈罗德·伯尔曼曾提出：法律必须被信仰，否则它将形同虚设（The lawmust be faith, otherwise it will be useless）.American Legal System美国的法律体制The United States Constitution allocates powers between the state and nationalgovernments. A fundamental tenetof these state and federal constitutions is the separation of powers between the legislative, judicial, andexecutive branches of government. All three branches exercise some form of lawmaking power.在美国，由其宪法规定州政府与联邦政府的权力。
其中，州宪法与联邦宪法的一个基本原则即为将立法机构、司法机构与行政机构的权力分离开来，但这三种权力机构均可行使特定形式的立法权。
Legislative Branch:Legislatures enact statutes within the authority granted to them by state andfederal constitution. However, they cannot amend a constitution in the same waythat they enact statutes. For example, Article V of the United StatesConstitution authorizes Congress to propose constitutional amendaments, butsuch proposals do not become effective until ratified by the legislatures orconstitutional conventions of three-fourths of the states.立法机构立法机构在州宪法与联邦宪法规定的条件下制定成文法。
美国法律英文作文I think the American legal system is quite complex and can be difficult to navigate for the average person. There are so many laws and regulations to follow, and it can be overwhelming to try to understand it all.One thing that I find interesting about American law is the concept of "innocent until proven guilty." This means that a person is considered innocent of a crime until it can be proven otherwise. I think this is an important principle because it protects individuals from being wrongly accused and ensures that the burden of proof is on the prosecution.Another aspect of American law that I find fascinating is the idea of a trial by jury. In many cases, a group of ordinary citizens is responsible for determining the guilt or innocence of a defendant. I think this is a unique and democratic approach to justice.It's also interesting to me how different states in the US can have their own laws and regulations. This can make things quite complicated, especially for people who travel or do business across state lines. It seems like it would be challenging to keep up with all the different legal requirements.I also think that the role of lawyers in the American legal system is quite significant. They play a crucial part in representing individuals and ensuring that their rights are protected. However, I can see how the reliance on lawyers can also make the legal process more expensive and inaccessible for some people.Overall, I think the American legal system is both fascinating and daunting. It's a complex web of laws, regulations, and procedures that can be difficult to understand and navigate. However, it's also a system thatis designed to protect the rights of individuals and ensure justice is served.。
