傲骨贤妻（2009）

The Good Wife S07E13

Part 3 Dec. 6, 2020, 8:35 p.m.

judges need wide-ranging discretion
法官需要广泛的自♥由♥裁量权
in order to do their jobs
以确保工作的进行
and not worry about taking an unpopular stance
无需考虑不受欢迎之嫌
or making an honest mistake.
或犯无心之过
Discretion, yes, but it can't be unlimited.
自♥由♥裁量权是没错但要有限度
Judicial immunity has to be unlimited.
司法豁免权一定是不受限制的
Yes, but we are filing a civil rights claim
没错但根据1983年国会42号♥文件中
under 42 U.S.C. 1983.
保护的公民权利我们提出诉讼
Going after the judge personally is merely an end-around...
找法官本身的麻烦并不能解决问题本身
No.
不
We are holding Don Schakowsky accountable
沙考斯基阁下本人
as an individual for violating
因侵犯了里格斯先生
Mr. Riggs' Sixth Amendment right to a speedy trial
受第六修正案保护的快速审理权利
and Eighth Amendment freedom
以及第八修正案规定的
from cruel and unusual punishment.
不受严重刑罚的自♥由♥ 应受问责
He exceeded his authority,
他的行为越权了
so he has to answer to this personally.
因此应追究他本人的责任
Your Honor, this is a direct attack
法官阁下这根本是
on the foundation of an independent judiciary.
对司法独♥立♥体制的攻击
Imagine that your decision here,
想象一下若您对此案的审理
in this case, could be subject to a suit.
竟演变成一场官司
It would be chaos.
那就马仰人翻了
Exactly.
正是
Mrs. Florrick may like or dislike
不管福瑞克夫人是否喜欢
the way His Honor Schakowsky does his job.
沙考斯基法官阁下的工作风格
But she does not have the right to veto it.
她都无权否决
We're not asking for a veto, Your Honor.
我们不是要否决法官阁下
This man has been held in prison for eight months,
此人被收监八个月
his bail set at $150,000.
法庭要求15万保释金
$150,000?
15万
What did he do?
他犯了什么罪
The charge is disorderly conduct.
他被指控妨害治安
$150,000 for disorderly conduct?
妨害治安要15万保释金
Yes, Your Honor.
是的法官阁下
Three men knocked him down
在演唱会门口
coming out of a concert and stole his wallet.
三个人把他打倒偷走他的钱包
When the police arrived, they arrested him, too.
警♥察♥赶到后他也被抓了
He was the victim, not the perpetrator.
他是受害者不是犯人
That isn't proven yet.
这还没有证实
Yes, because Schakowsky...
是就因为沙考斯基...
His Honor Schakowsky.
沙考斯基法官阁下
His Honor Schakowsky
沙考斯基法官阁下
has delayed trial three times.
三次宣布延期审理
Three times, Your Honor.
三次法官阁下
And eight months later,
八个月后
our client is still in prison.
当事人仍在监狱
He lost his job, his wife divorced him,
丢了工作妻子跟他离了婚
and his eight-year-old child has been taken from his home.
他八岁大的孩子被社工带走
That is unjust.
这显然是不公
We ask that you rule on my client's immunity, Your Honor.
请求您就我当事人的豁免权进行裁决法官阁下
There is no suit here if my client is found immune.
如果我当事人有豁免权就不受追诉
I would agree.
我同意
Thank you, Your Honor.
谢谢法官阁下
No, I would agree that, from all appearances,
不我同意就各方面情况看
Mr. Riggs has had his civil rights violated,
里格斯先生的公民权利的确受到侵犯
but the question is whether His Honor Schakowsky did so knowingly.
问题在于沙考斯基法官阁下是否明知故犯
If he did, his immunity is stripped.
如果是就不受豁免权保护
The issue here concerns
争议焦点是
the contractual language in the handbook?
手册的合同用语是吗
Actually, the issue is free speech...
事实上是自♥由♥言论...
Thank you. Uh, we'll all get a lot further
谢谢一个一个说
if we take this one at a time.
才能顺利进行下去
Ms. Reed?
里德女士
Yes, Mr. Arbitrator, thank you.
是仲裁员谢谢你
Geoffrey, please.
请叫我杰弗里
Now, you claim the handbook permits the school to defund its newspaper?
你认为手册准许学校停止资助校报
Yes. Above all,
是的首先
Illinois Park is committed to protecting individual liberty.
伊利诺伊公园大学致力于保护个人自♥由♥
And Ms. Stowe's editorial failed to take seriously the life experiences
而斯托女士的社论并未从实际出发
not just of the Palestinian people,
不能仅仅只关注巴勒斯坦人
but of individuals on Park's very campus.
而要着眼于公园大学每一个个体的利益
I wouldn't expect a school like Park--
我不觉得像公园大学这样的学校
or truthfully, any university--
或者说实话每所大学
to use the fact that it's privately funded
应该利用报纸由私人资助这一理由
to cut off debate about how it treats its students.
来剥夺讨论学校对待学生方式的权利
Although, technically, it can.
不过从严格意义上来说是可以的
Isn't the school the publisher here?
报纸发行人在这儿吗
Yes, Geoffrey, it is.
在杰弗里
You can't win this case. I know.
这案子你赢不了我知道
Not with that argument.
至少用那个论点不行
I know.
我知道
It was a nice try, though.
不过是个很好的尝试
What do you mean, not with that argument?
「用那个论点不行」是什么意思
Is there another argument?
还有更好的论点吗
I came in here, and this campus
我到这儿来感觉这个校园
is like a city.
就像一座城市
They've got their own campus police,
他们有自己的警卫人员
they've got medical facilities, food.
医疗设施和食堂一应俱全
They have their own power plant, did you know that?
他们还有自己的发电厂你知道吗
I didn't. But I'm not sure...
不知道但我不确定...
Have you heard of Evans v. Newton?
你听过埃文斯诉牛顿市的案子吗
"State actor"?
「国家行为体」
Yeah.
没错
Who are you?
你究竟是何方神圣
Just your friendly neighborhood investigator.
只是友善的邻家调查员
No, that's a deep backwater of the law.
不可能那个案子早沉在案例池底了
Where did you get that?
你哪儿来的这个想法
I dabble a bit now and then.
我偶有涉猎
What do I have to do to get you to come and work for us?
我得花什么代价才能让你来为我们工作
I am working for you.
我就在为你们工作啊
No, in an office. Full time.
不有办公室的全职工作
With a desk. And lunches brought in.
固定的位置外带午餐
I don't like offices.
我不喜欢办公室
Then without an office.
那就不要办公室
I don't know.
我不知道
Make me an offer.
先开个价吧
After you pled "Not guilty," Clayton, what happened then?
克莱顿在你提出「无罪」申诉后发生了什么
The judge slapped me with a six-figure bail.
法官判决我得出六位数的钱才能保释
And after arraignment, did you appear
传讯之后你有没有再次出现在
before Judge Schakowsky again?
沙考斯基法官面前
Yeah. Every couple months,
有每过几个月就会见一次
they'd stick me in the van, bring me over.
他们把我塞进车里带去见他
I'd be all ready for the trial,
我早就准备好参加庭审了
and then the prosecutor'd ask for more time.
但公诉人每次都会申请延期
And the judge gave it?
那法官同意了吗
He never even blinked.
他想都没想就答应了
Even though the prosecutor was delaying
即使公诉人是在拖延
to find the same witness?
去找同一位目击证人的时间
Yes.
是的
Isn't it true, Mr. Riggs,
里格斯先生这不是
that this wasn't your first criminal offense?
你第一次犯罪对吗
Objection. Mr. Riggs' past is irrelevant
反对里格斯先生的过去
to Schakowsky's immunity.
与沙考斯基的豁免权无关
Goes to the issue of why Judge Schakowsky set bail so high.
这有关于沙考斯基法官设定高额保释金的理由
Overruled.
反对无效
In fact, didn't the Judge
事实上在那起非法携带武器案中
in that weapons case have to issue a bench warrant
法官没有因你缺席庭审
because you missed a court appearance?
而对你下达法♥院♥传票吗
That was a few years ago. I was young and dumb.
那是几年前的事了当时我还只是个傻小子
I turned myself in and I didn't screw up again.
我自首了而且没有再犯