法律与秩序（1990）

Law & Order S03E11

Part 6 Jan. 28, 2022, 12:02 p.m.

是的
Yes.
Samantha 告诉我
Tell me, Samantha.
当爸爸摸我时我觉得很难受
It's bad where Daddy touched me.
能告诉我为什么吗
Can you tell me why?
因为
Because.
他摸了你哪里
Can you show me where?
这里
Here.
还有呢
And?
他让我也摸他
He made me touch him, too.
关掉吧
Turn it off.
是啊很有说服力
Yup. Very convincing.
如果这是我们录的话
If we had done it.
这能够说服大陪审团
It convinced the grand jury.
得了吧她母亲的律师都知道这是个麻烦
Come on, even her mother's lawyer knows it's trouble.
自♥制♥的证据我可不喜欢
Homemade evidence. I don't like it.
法庭更不会喜欢法官是谁
The courts like it less. Who's your judge?
Wally Schreiber.
那你还指望这带子能上庭作证吗
You expect to get this in?
Schreiber认为证据上庭规则是在天上设的
Schreiber thinks the admissibility rules
不是在我们Albany(纽约州首府)
were made in Heaven, not Albany.
一个男人的亲生女儿
A man's own daughter.
我希望有来生
I hope there's an afterlife.
对于一些罪犯刑法真的是不够的
For some crimes, the penal law is inadequate.
Silver太太策划了这盘录像带
Mrs. Silver had the tape made.
她是个疯子 Ramona Stark也是
She's a lunatic. And so is .
她们的精神状况并不能影响这盘带子上庭作证
Their state of mind does not make the tape inadmissible.
不是吗 Ben
Doesn't it, Ben?
我们不知道在这盘带子制♥作♥之前发生了什么
We don't know what was said before the tape was made.
法官大人没有理由认为
There's no reason to
这盘带子是被人设计好的
believe that it wasrt spontaneous, Your Honor.
是不是和效忠誓词一样发自内心啊
About as spontaneous as the Pledge of Allegiance.
法官大人 Olivet医生说这孩子曾遭受过创伤
Your Honor, Dr. Olivet said the child was subjected to trauma.
如果没有这盘录像带我们就得让她出庭作证
Without that tape, we have to put her on the stand.
我们不想这么做
We don't wanna do that.
你可真是热心肠
How warm-hearted of you.
法官大人那孩子被教唆过
The kid was coached, Judge.
这全是编造的
It's all made up, every bit of it.
Nick 别紧张我读了Olivet的报告
Now, easy, Nick, I read Olivet's report.
先生们那并不全是编造的
It's not all made up. Gentlemen.
Ben 你记得罗德岛的一个案子吗
Ben, do you remember a case in Rhode Island?
胰岛素注射那位女士处于昏迷
Insulin, needles, the lady in the coma?
他们进了那个男人的房♥子拿了一个黑色的包
They go into the man's house, take the black bag...
也被法庭允许了
Which was admitted as evidence.
是但在我看来这是不对的
Yeah, in my view, a mistake.
我也许会从根基上质疑那案子进行成功的上诉
And the basis, I might add, for a successful appeal.
现在我们再来看
Now here, we have an
我们有一份庭外自述（录像带）而证人又是可以出庭的
out-of-court statement and the witness is available.
所以我不能允许那盘录像带上庭 Ben
I can't allow the tape, Ben.
法官大人要考虑那孩子的利益啊
Your Honor, the interests of the child...
司法公正的利益也不能忽视
Balanced by the interests of justice.
如果那男的真的做了这些那就把他关起来
If the man did it, then put him away
但是必须要有那孩子作证才行
but we have to have the girl testify.
孩子出庭作证部分可以在我的办公室进行用闭路电视向庭上展示
I'll be glad to do it in chambers with closed-circuit video,
这就可以尽量让孩子不感到那么难受
make it as painless as possible.
考虑一下
Think about it, hmm?
儿童有特有的方法告诉我们发生了什么事
Children have special ways of telling us what happened.
请向法庭描述
Please describe for the
在性♥虐♥待案件中通常你会遇到什么情况
court what you expect in cases of sexual abuse.
被猥亵的儿童
Children who have been molested
在被问起事件时常会哭泣
often cry when asked about the incident.
他们会表现出愤怒
They show anger,
恐惧和悲伤
fear and sadness
并且在几乎所有这类案件中
and in almost all cases,
孩子们都不愿意谈论
the child is unwilling to discuss
事情的具体细节
the specific details of what happened.
从你的专业眼光看
In your expert opinion,
Samantha Silver符合上述特征吗
does Samantha Silver fit this profile?
是的差不多每项都符合
Yes, in virtually every respect.
Stark大夫有没有可能
And Dr. Stark, is it possible
Samantha Silver受到的所谓的性♥虐♥待
that the alleged sexual abuse of Samantha Silver
完全是臆造的呢
is totally invented?
不我认为这不可能
Oh, no, I don't think that's possible.
我无法告诉你具体的细节
I... I can't tell you in explicit detail what went on
但是肯定发生了什么
but something certainly happened.
谢谢
Thank you.
你的证人
Your witness.
有事情发生
Something happened.
这说法太含糊了不是吗
That's fairly vague, isn't it?
我是心理学家不是精神学家
I'm a psychologist, not a psychiatrist.
但这两者都不是精密科学
But none of this is an exact science.
这女孩经历了一场与她父亲有关的严重创伤
The girl went through a serious trauma concerning her father.
那可能意味着很多事
That could mean anything.
你能否从医学上
Can you state with medical certainty
得出肯定结论 Gary Silver猥亵了他女儿
that Gary Silver molested his daughter?
我又不能保证明天太阳会升起来
I can't say with certainty the sun will rise tomorrow.
但是对虽然不能完全肯定
But, yes, short of absolute certainty,
我认为他猥亵了他的女儿
I think he molested his daughter.
你作证说
You testified
Samantha Silver经历了
that Samantha Silver had been subject to trauma
与她父亲有关的创伤
involving her father.
这是否包括她母亲说服她她父亲威猥亵了她呢
Could that include her mother convincing her Daddy molested her?
如果你是暗示
If you're suggesting
这指控是她母亲灌输给她的
that her mother planted the accusation in her head,
不我不认为那是真的
no, I don't believe that's true.
假设我发现燕麦粥洒在我厨房♥的地板上
Suppose I find cereal spilled on the kitchen floor.
我问我儿子 "是你干的吗" 他会怎么说
I ask my son, "Did you do this?" What does he say?
我不认识你孩子 Teller先生
I don't know your son, Mr. Teller.
他会撒谎 Stark医生
He'll lie, Dr. Stark,
因为他害怕爸爸会生气
because he's afraid Daddy will be angry.
但是如果我说我不会生气那他会承认对吧
But if I say I won't be angry, he'll admit it, won't he?
有可能
Possibly.
他会的
He will.
因为他想要我开心
Because he wants to please me.
Samantha Silver 她被人从百货商店带走
Now, Samantha Silver was taken from a department store
关在一个陌生的环境下
and held in a strange environment.
如果她认为离开的唯一办法
If she thought the only way out
就是指控父亲干了坏事
was to accuse Daddy of bad things
那她有没有可能撒谎呢
isn't it possible she'd lie?
是的有可能但她不需要撒谎
It's possible, yes, but she didn't need to lie.
她只是把发生的事情原原本本的说出来而已
She just told us what happened.
当我嫁给Gary时我很天真
I was naive when I married Gary.
我是他的第三任妻子
I was his third wife.
我以为我会是那个让他安定下来的人
I thought I would be the one to make him settle down.
但我想错了
I was wrong.
为什么你觉得自己想错了
Well, what made you feel you were wrong?
我觉得Gary对Samantha非常痴迷
I thought that Gary was obsessed with Samantha,
在利用她弥补对上一个女儿的忽视
that he was using her to make up for neglecting his first child.
这...
It... it,
这不正常
It seemed unnatural.
哪些方面呢 Silver夫人
In what way, Mrs. Silver?
反对这纯属是猜测
Objection. This is all speculation.
她可以谈论她自己的感觉律师
She can talk about her own feelings, Counselor.
反对无效
Overruled.
Silver夫人
Mrs. Silver.
他
He, uh,
他到哪儿都想带着她
he wanted to take her everywhere.
他不肯让她离开视野他总是抱着她
He wouldn't let her out of his sight, he was hugging her,
把她拎起来
picking her up all the time.
太有占有欲了
It was too possessive.
你为什么请Ramona Stark帮你隐藏Samantha呢
But why did you ask Ramona Stark to help you hide Samantha?
Samantha说