干货 | 法律英语词义辨析:重罪

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本周词义辨析主题:重罪

felony

high crime



felony

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中文词义:

n.❶ 重罪。普通法中,指涉及没收罪犯的土地与财产归国王所有,并根据其犯罪行为的轻重另行处以死刑或其他刑罚的严重犯罪。在传统上,叛逆罪treason被划入重罪范畴之中。1967年,英国完全取消了重罪与轻罪的划分,重罪一词不再使用。重罪与轻罪之分已被可逮捕罪arrestable offence与不逮捕罪non-arrestable offence之分取代。在美国,重罪是指对某些比较严重罪行的总称。某些州则据如下标准进行犯罪分类:①罪犯关押地——是州监狱prison还是教养收容所penitentiary;或②可能最长刑期。许多州的制定法都规定重罪是指应判处1年以上监禁或死刑的犯罪。美国联邦和许多州的刑法典都规定了重罪种类或级别及与之相适应的刑罚。重罪犯可能丧失许多轻罪犯不会丧失的权利,如选举、律师执业、就任政府官员、做陪审员等。❷(封建法)对领主不忠而致封地被没收的罪行。




英文释义:

❶ A serious crime usu. punishable by imprisonment for mo-re than one year or by death.● Examples include burglary, arson, rape, and murder.-Also termed major crime; serious crime. Cf. MISDEMEANOR。


"Felony, in the general acceptation of our English law, comprizes every species of crime, which occasioned at common law the forfeiture of lands or goods. "4 William Blackstone,Commentaries on the Laws of England 94(1769)


"Amongst indictable crimes, the common law singled out some as being so conspicuously heinous that a man adjudged guilty of any of them incurred-not as any express part of his lands or of his goods or of both (in the case of treason). Such crimes came to be called 'felonies.’The other, and lesser, crimes were known as‘transgressions' or 'trespasses’,and did not obtain their present name of misdemeanours until a much later date. A felony is, therefore, a crime which either involved by common law such a forfeiture,or else has been placed by statute on the footing of those crimes which did involve it." J.W. Cecil Turner, Kenny's Outlines of Criminal Law 93(16th ed.1952)   


❷Hist. At common law, an offense for which conviction results in forfeiture of the defendant’s lands or goods (or both) to the Crown, regardless of whether any capital or other punishment is mandated. At early common law, the term felony included any offense for which a defendant who fled before trial could be summarily convicted,attainted, and outlawed,or that cave act that resulted in the forfeiture of land granted by a superior.rried a right of appeal after conviction. Although treason carried the same penalties as a common-law felony,it was usu. defined as a separate class of crime.


❸Hist. Feudal law. A gra




high crime

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中文词义


n.〈美〉严重犯罪。指违背公共道德的不名誉罪,尤指参议院认为构成总统、副总统或其他文职官员不适合担任行政职务,应受到弹劾的适当理由的犯罪,如叛国贿赂等。严格来说不同于重罪felony。






英文释义

A crime that is very serious, though not necessarily a felony. ● Under the U.S. Constitution, a government officer's commission of a " high crime" is, along with treason and bribery, grounds for removal from office. U.S. Const. art. Ⅱ, §4.See IMPEACHABLE OFEENSE.


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发布于 2020-05-29 14:28:45
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