法律与秩序（1990）

Law & Order S20E17

Part 6 Feb. 19, 2022, 4:42 p.m.

不管怎样法官大人
In any case, your honor,
联邦最高法♥院♥的Ponzi v. Fessenden判例认为
the supreme court held in Ponzi v. Fessenden
Ponzi v. Fessenden, 258 U.S. 254 (1922)
首先逮捕该个体的主♥权♥方获得对其优先进行
that the sovereign which first arrests an individual acquires the priority of jurisdiction
审判和监禁的司法管辖权
for the purposes of trial sentencing and incarceration.
法官大人这是一起1922年的判例了
That dates from 1922, your honor.
认为这样重要的一个问题可以归结为地方警♥察♥和联调局的赛跑
it seems archaic that this important question boils down to a race
这样的观点或许有些过时了
between the FBI and local police.
他们难道应该就杀人犯展开拉锯战吗
Are they supposed to have tug-of-wars over murder suspects?
看来是这样的霍瓦思先生
Apparently so, Mr. Horvath.
纽约州抓了他
New York has him,
想要留下他也是州政♥府♥的权利
and if it wants to keep him, it has a right to do so.
祝你起诉愉快卡特先生
Have a nice trial, Mr. Cutter.
她开心什么
Now, what is she so happy about?
她输了
She lost.
她为死刑据理力争
She went down swinging for an execution.
虽败犹荣民调能上升10个点
That's got to be worth ten points in the polls.
我听说了
I heard.
案子还在州法♥院♥
It stays in state court.
我知道这不是你想要的
I know that's not what you wanted.
我也注意到了警督
Yeah, I've noticed, lieutenant,
这里发生的这么多事很少遂了我们的愿
that very little of what happens around here is what any of us wants.
我很抱歉
I'm sorry...
关于我说的关于你的病的话
about what I said about your illness.
嗯
Well...
如果我手下四名警探被杀
If four of my detectives were killed,
我不知道我会做出什么
I don't know what I would do
会说出什么
or what I would say.
你的警探干得漂亮
Well, your detectives did a good job.
不管接下来发生什么
And whatever happens now,
我想谢谢你
I wanted to thank you...
谢谢他们
to thank them.
我对你的损失深表遗憾警长
I'm sorry for your loss, Captain.
不
No...
这是我们的损失
Our loss.
我们先让你上庭作证介绍一下这个案子的基本情况
We're putting you on first to give the bare bones of the case.
这庭审没什么好审的吧
It's not gonna be much of a trial, is it?
他没什么可抗辩的事由
He has no defense.
他的律师向争取过失杀人的罪名而不是谋杀
Well, his lawyer's going for a verdict of manslaughter instead of murder
抗辩事由是斯托克斯犯罪时处于极度情绪混乱状态
on the grounds that Stokes acted in a state of extreme emotional disturbance.
所以他蹲10到20年就能出来了
So he can get out in 10 to 20 years?
你怎么就不能让联邦的人拿走案子呢
Why didn't you just allow him to go to the feds?
不管他有多么混乱他都不配活着
He doesn't deserve to go on living no matter how disturbed he is.
警探我听说斯托克斯被捕时
Detective, I heard when Stokes was arrested,
是你给他做了心肺复苏
you were the one who gave him CPR.
你救了他的命
you saved his life.
如果你想让他死你为什么要这么做
Why, if you wanted him dead?
我是警♥察♥
I'm a cop.
我不是行刑官
I'm not the executioner.
我也不是
Neither am I.
当你逮捕被告人时
When you apprehended the defendant,
他是否持有武器
did he have a weapon in his possession?
是的
Yes...
我们保全了一把.45的手♥枪♥
A .45-caliber pistol, which we secured.
当他被证人于辨认列队中识别时你是否在场
And were you present when the man you arrested was presented to eyewitnesses?
是的每个证人都指认他
Yes, and everyone positively picked him
为在披萨店开枪的人
as the man who fired his weapon in the pizzeria.
谢谢
Thank you.
伯纳德警探你对拉莫斯和她搭档对待斯托克斯的方式
Detective Bernard, how much did you know about how Officer Ramos and her partner
有多少了解
treated Mr. Stokes?
我不知道你说的对待是什么意思
I don't know what you mean by "treated."
他们和他有一种关系不是吗
They had a relationship with him, didn't they?
他为他们提供线报
He provided them with information
让他们得以逮捕毒贩
leading to the arrest of drug dealers.
有迹象表明确实是这样
There was some indication that he did.
他们之后有没有给他施压让他向大人物下手
And did they then pressure him to go after bigger fish?
我不知道
I have no idea.
他们有没有威胁他说
Did they threaten to arrest his mother
如果他不照做就逮捕他母亲
if he didn't do what they wanted him to do?
这些问题拉莫斯和科尔森两位警员肯定知道答案
You know, these are questions that Officers Ramos and Colson could answer,
可惜他杀了他们
had he not murdered them.
申请删除记录
Move to strike.
警探你知道该怎么回答交叉询问
Detective, you know how to answer these questions.
你不是给联邦检察官交了一份书面宣誓证言吗
Didn't you prepare an affidavit for the U.S. attorney
在其中你说斯托克斯杀了那些警员
alleging that Mr. Stokes killed those police officers
是为了防止他们逮捕他妈妈
to prevent them from arresting his mother?
是的
Yes.
谢谢
Thank you.
而且拉莫斯和科尔森警员
And Officers Ramos and Colson crossed some lines
在对待斯托克斯的方式上违了规对吗
in their treatment of Mr. Stokes, didn't they?
我不知道 -真的吗
Not to my knowledge. -Really?
警♥察♥在场时应该默许
Are police officers supposed to condone
其线人使用非法毒品吗
the use of illegal drugs by informants in their presence?
不应该
No.
拉莫斯和科尔森两位警员发现斯托克斯在酒吧里吸食可♥卡♥因♥
Didn't you become aware that Officers Ramos and Colson did just that
他们不是默许了他吗
when Mr. Stokes was caught using cocaine in a bar?
这条消息被一个我觉得不靠谱的人提供
We were told that by a source who I wouldn't consider reliable.
为什么觉得不靠谱呢
Why not?
他工作的地点毒品使用十分平常
Because he works in an establishment where drug use is common.
所以我认为他说的任何话都值得怀疑
So I'd consider anything he says suspect.
你说的酒保的是都是胡说八道对吗
That was crap about the bartender, wasn't it?
他的工作地点有毒品存在
Drugs are used where he works.
他亲口告诉我们的 -吸毒的正是斯托克斯
He told us himself. -Used by Stokes.
这正是律师要问的
That's what the attorney was asking about.
这问题并不相关
It's not germane.
我们不用给去世的警♥察♥抹黑
We don't have to dirty dead cops
也能给他们的杀手定罪
to convict the man who shot them.
我需要证人如实作证
I need my witnesses to testify truthfully.
好吧我是哪句话说谎了来着
Okay, so what's my lie again exactly?
你在游走非法的极限
You are pushing it.
如果你们中的任何一个玩的太过火搞砸了这场庭审
And if you go too far and screw up this trial, either of you,
辩护方可能得其所愿
the defense might get what it wants--
一则轻轻的过失杀人裁决
a manslaughter verdict, a slap on the wrist.
那很糟吗
How bad would that be?
如果你不能给斯托克斯定谋杀罪
If you don't get Stokes on murder,
联邦的人可以介入拿出死刑条文再次审判
the feds could step in and try him then on the death-penalty charge.
由联邦宪法第五修正案保护
这不属于一罪不二罚
It's not double jeopardy.
这是美国坚持上百年的双重主♥权♥原则（dual-sovereignty doctrine），
就此问题有无数判例，最新一个为联邦最高法♥院♥的Gamble v. United States
州政♥府♥和联邦政♥府♥是不同的主♥权♥主体
The state and federal governments are separate sovereigns.
看出来了你最近还在上法学院夜课啊警探
I see you're still staying awake in law school, detective.
你不会想故意搞砸庭审
Now, you wouldn't be thinking of deliberately sabotaging this trial
以给联邦的人一个机会吧
to give the feds an opening, would you?
不会
No.
那就好
Good.
警探们
Detectives?
我找到了一些瑞贝卡的东西我觉得你们该看看
I found something of Rebecca's that I thought you should see.
我们社区里有一个人贩卖♥♥枪♥支♥毒品
There's a guy in the neighborhood-- runs drugs and guns.
他简直是疯子
He's crazy.
谁都知道他杀过三个人
Everybody know he killed three people.
拉莫斯和科尔森警员想让你告他的密是吗
And that's who Officers Ramos and Colson wanted you to inform against?
他杀了他哥哥因为他把他的车碰出了凹痕
he killed his own brother for denting his car.
我说不可能
I said, "No way."
但是你确实告过其他罪犯的密
But you had informed on other criminals.
是的
Yes.
那感觉很好
It felt good.
但是我绝对不会因为那俩人想当警探
But I wasn't gonna get myself killed
就做出这种自杀行为
'cause they wanted to be detectives.
他们连这都跟你说了
They mentioned that to you?
说了不少呢
A lot.
说他们拿了警徽之后
Said they'd put me on the books