我爱你，现在去死吧（2019）（上）

does not constitute a crime in Massachusetts.
所以 就像有个人拿着枪
So, the person has a gun
说 "我要自杀"
and says, "I am going to kill myself."
对吗 然后你说 "可以" -是的
Right? And you're saying, "Good." - Yes
"可以 可以 去死吧"
"Good, good. Go for it, do it."
"我不知道"
"Ah, I don't know."
"别别 快点 快点 扣动扳机吧"
"No, no. Come on. Come on. Pull the trigger."
这难道不违法吗
Is... does that step over the line?
我觉得不违法 -或者你觉得这样说没问题
I don't think so. - Or is that still... okay?
我不认为口头鼓励他人
I don't think verbally encouraging someone...
我不认为 我不认为这构成犯罪
I don't think that... I don't think that would be a crime.
等下
Wait. I mean...
你是说如果有人要求被杀咯
You mean if somebody solicits a murder?
如果有人要求
Uh, if somebody solicits...
我们这样的案子听过很多
We get that all the time.
这很奇怪因为这算潜在犯罪
That would odd because there's an underlying crime.
是的 是的 -潜在谋杀
Right. Right. - Of murder.
问题在于 马萨诸塞州并没有
You see, the... part of the problem is that Massachusetts doesn't...
是没有针对这
Is one of eleven states that doesn't have a...
这种鼓励自杀行为的法规
a statute addressing this... This type of behavior,
的十一个州之一
that... encouraging suicide.
但我们确实有一项过失杀人罪的法规
But we do have an involuntary manslaughter statute,
提到肆意和鲁莽的并且
which talks about wanton and reckless conduct
导致他人死亡的行为
resulting in the death, causing the death, of someone.
并且在某种程度上
And, at some point,
如果口头语言导致他人死亡
can verbal action become wanton and reckless
它是否也能视为一种肆意鲁莽的行为呢
if it results in someone's death?
问题在于
The problem is that, uh,
死亡是受害人本人导致的
the death was caused by the victim himself.
他才是那个拿着发电机
He's the one who got the generator,
把车开到事发地点 在车内安置好
who drove to the location, who set it up in the truck,
并且启动以后待在车内的人
who turned it on, and who got in the truck.
假如我在车里 我快死了
So, I'm in the truck, and I'm dying.
然后我决定...我得出去
And I deci... I have to get out.
我就出去了
I get out.
然后我打电♥话♥给我朋友
And I call my friend,
我朋友说 "回车里去
and my friend says, "Get back in the truck.
自杀吧"
Kill yourself."
这还不够吗 这只是单纯的聊天吗
That's not enough? That's just talk?
如果她当时在场
If she was physically present
然后说 "回车里去
and she said, "Get back in the truck
不然我就亲自动手"
or I'll put you back in there myself,"
或者 再举一个例子
or, here, another example,
他们站在桥边沿
standing on the edge of a bridge.
"快跳下去不然我就推你一把"
"Jump off that bridge or I will push you."
这句 "不然我就推你一把"
The, uh, "Or I will push you"
也许可以视为违法
would probably take that over the line.
但"快跳下去"不算
But "Jump off the bridge" would not.
无论我们认为她有多么固执
It doesn't matter how persistent she is.
她的行为有多么该受谴责
It doesn't matter how reprehensible
都无关紧要
we might think her conduct is.
这根本不是犯罪 在那时看来也不是
It simply isn't a crime, and it was not at the time,
我们不能强行追溯它为犯罪
and we can't make it a crime retroactively.
如果没有其他问题
Unless there are any further questions,
我就把剩下的都写进诉书里了
I'll leave the remaining points to the brief.
谢谢你 律师
Thank you, counselor.
我♥干♥这行已经25年了
I've been doing this for 25 years now.
我通读法律 我理解法律
I read the law. I understand it.
这个案子根本就不应该出现
And it's not a case that should've ever been brought.
这将对言论自♥由♥
And it's gonna have a potential chilling effect
产生潜在的负面效应
on free speech rights
关于人们是否应该公开讨论自杀
about whether or not people can openly discuss suicide
和鼓励所爱之人自杀
and encourage it between loved ones.
这桩案件会开创先例
This case will set precedent.
一般来说
I'm not someone, generally,
我并不赞成扩大刑法范围
who's in favor of expanding the scope of the criminal law,
但我得说 我读了那些短♥信♥
but I have to say, in reading those messages,
很明显
it just seemed clear that
她当时试图
she was trying to
用语言影响他的行为
exert some real influence over his behavior.
我真的很纠结
I would really struggle with the question
米歇尔·卡特所施加的心理压力
of whether the kind of psychological pressure
这其中一部分
Michelle Carter appeared to be applying and a part of
是否能够被视为
could have the same impact
等同于协助他人自杀
as physically assisting someone with the suicide.
她打电♥话♥时距离受害者6♥4♥公里
She was 40 miles away on a telephone.
他本可以待在车外
He could've stayed out of the car.
也可以挂断电♥话♥
He could a hung up the telephone.
所以不存在胁迫
So, there's no coercion here.
我叫杰西·巴伦
My name is Jesse Barron,
我曾为《时尚先生》杂♥志♥
and I covered the Michelle Carter case
报道过米歇尔·卡特案
for Esquire Magazine.
2016年夏天我在《南海岸时报》上
I read an article about the case
读到一篇关于这个案子的文章
in the South Coast Times in the summer of 2016,
去年12月 我参加了预审听证会
and I went to a pretrial hearing in December.
我意识到我得写这个案子
And I knew that I had to write about it.
庭审第一天
On the first day of the trial,
我在外面等
I was waiting up outside of...
我们得拿记者证
We had to pick up our press badges,
所有媒体都在 像是等待节目开场
and all the media's there kind of waiting to start the show.
某一刻
And at some moment,
早上九点零几分
a few minutes after 9:00 AM,
一个电视制片人低声问道 "是她吗"
a TV producer whispered, "Is that her?"
所有人都转了过来
And all heads turn.
米歇尔穿着一件白色绗缝汽车外套
Michelle, wearing a white quilted car coat
和高跟鞋 向我们走来
and high heels, is coming toward us.
当时感觉
And there was this feeling of a...
她身上散发着奇怪的明星魅力
weird sort of inverse star power that was put on her.
她很瘦 金发
She was thin. She was blonde.
晒得黝黑
She was tanning-booth tan.
我感觉她早就知道
It felt like she knew
她会被媒体拍到
she was gonna be photographed.
早上好 卡特小姐
Good morning, Miss Carter.
宣誓时请保持站立
Please remain standing while you are sworn.
请举起你的右手
Please raise your right hand.
你是否对上帝宣誓
In this matter before the court
在此庭上 讲出完整的事实
do you swear to tell the truth, the whole truth,
且只讲♥事♥实♥
and nothing but the truth, so help you God?
我宣誓
I do.
请就座 放轻松
Please take a seat and make yourself comfortable.
保持声音清晰洪亮
And please keep your voice up nice and loud.
请声明你的全名和年龄
Please state your full name and age.
米歇尔·戴安娜·卡特 20岁
Michelle Diana Carter. Uh, 20.
卡特小姐 你是否明白
So, you understand, Miss Carter,
依据宪法 你完全有自♥由♥
that you are fully entitled under the Constitution
将你的判决交予同龄陪审团
to a jury of your peers to decide
决定你是否有罪
whether or not you are in fact guilty of this crime?
明白
Yes.
你将放弃
That is the right that you are giving up
陪审团的审判权
with your testimony now.
我明白 -好的
Yes. - All right.
是否有人曾以任何形式
Has anyone promised you anything
对你进行许诺或威胁
or threatened you in any way
迫使你放弃进行陪审团审判的权利
to make you forgo your right to a jury trial?
没有
No.
你是完全出于自♥由♥意志
Are you doing that of your own free will,
主动且自愿地做出此决定吗
knowingly and voluntarily?
是的
Yes.
好的 非常感谢
All right. Thank you very much.
你可以离开证人席了
You may step down.
谢谢