律师本色（1997）

The Practice S07E01

Part 1 Feb. 3, 2021, noon

DONNELL: Last season on "The Practice"
前集回顾未做翻译
We need to talk, Clarice.
There's a restraining order.
You just screwed up. O'MALLEY: I promise.
I'm not here to cause anybody any harm.
I just need to talk to her.
Get out before I throw you out!
O'MALLEY: You're in danger, Clarice.
He is coming for you.
Only I can save you.
Why don't you go on ahead without me?
(gunshot) Lindsay!
(gun shots)
WALSH: She just shot him dead in cold blood.
This was first-degree homicide.
We've heard testimony of another client
who terrorized your wife.
What happened to him?
He was killed.
WALSH: He was murdered
and you were arrested for conspiracy
to commit murder. I was acquitted.
WALSH: I smell a pattern, threaten Lindsay Dole,
you get killed.
Objection!
GAMBLE: Lindsay killed an unarmed man.
The burden of an excuse is on you.
DONNELL: None of us think of you as a murderer
because you're not. I was there.
I saw it.
You snapped.
Okay.
When he came, I knew it was probably him,
but I opened my door anyway.
I wasn't gonna be a victim.
It was my house.
And after you opened the door?
I killed him.
WEST: Madam foreperson,
the jury has reached a unanimous verdict?
WOMAN: We have, Your Honor. WEST: What say you?
WOMAN: We find the defendant, Lindsay Dole, guilty.
They're bringing her in.
他们把带她来了
MAN: Commonwealth versus Lindsay Dole, sentencing.
马萨诸塞州诉Lindsay Dole，开庭量刑
Mr. Walsh?
Walsh先生？
I have nothing, Your Honor,
我没有要说的，Your Honor
other than to remind the court
但要提醒法庭
that the crime for which Ms. Dole
Dole女士所犯的罪行是谋杀罪
was convicted is murder.
Dole女士所犯的罪行是谋杀罪
The taking of human life is not only an act
杀人行为不仅仅是对他人生命的犯罪
against that life but a crime against law,
也是对法律、对人道、对马萨诸塞州人♥民♥的犯罪
humanity, the Commonwealth,
也是对法律、对人道、对马萨诸塞州人♥民♥的犯罪
and we feel that the statutory sentence
我们认为采用法定的量刑标准是适当的
is appropriate.
我们认为采用法定的量刑标准是适当的
Mr. Young?
Young先生？
Your Honor, we would ask the court at this time
法官大人，我们要求法庭
to convert Ms. Dole's conviction from first-degree murder
把Dole女士的定罪从一级谋杀调整为
to voluntary manslaughter.
非预谋性故意杀人罪
The Commonwealth opposes.
检方表示反对
YOUNG: You have before you the psychological examinations
你之前看到了由控辩双方提交的心理测试结果
done by both the Commonwealth and the defense
你之前看到了由控辩双方提交的心理测试结果
which all conclude that Ms. Dole's state of mind
那些都表明Dole女士在她犯罪的时候
was severely compromised
那些都表明Dole女士在她犯罪的时候
at the time she committed this crime.
精神状态严重受损
The court can also take judicial notice of the facts.
法庭也可以采用针对事实的司法认知
（司法认知指法庭可以在没有听取证据或没有进行调查的情况下
接受众所周知无可争辩的事实。）
Ms. Dole did not act with any aforethought.
Dole女士的行为不具有蓄意性
There was no premeditation.
这里不存在预谋
Her own husband was in the line of fire.
她自己的丈夫处于射击线路上
Now, while the jury was certainly free to reject
现在，虽然陪审团完全可以拒绝接受
the defense of legal insanity,
法律意义上的精神失常的辩护理由
Ms. Dole's actions just as certainly fall
但Dole女士的行为肯定是可以归于激♥情♥犯罪的范畴的
within the scope of heat of passion.
但Dole女士的行为肯定是可以归于激♥情♥犯罪的范畴的
A killer came to her door, threatened her,
一个杀人犯来到她家门口，威胁她
and she reacted.
于是她做出了反应
Your Honor, can and should find that Ms. Dole
法官大人，可以且应该裁定Dole女士
committed her act while under the influence
是在极度的精神和情感扰动的情况下
of extreme mental and emotional disturbance
实施其行为的
for which there was a reasonable excuse.
对此是存在合理的理由的
This fits the classic definition of manslaughter,
这符合过失杀人的典型定义
not murder one, not murder two,
不是一级谋杀罪，也不是二级谋杀罪
but voluntary manslaughter.
而是非预谋性故意杀人罪
Accordingly, this verdict is contrary to the evidence.
因此，这个判决与证据相对立
It is contrary to the law,
也与法律相对立
and I would respectfully request
我谨此请求
that you adjust the verdict to the appropriate degree.
您把判决调整到适当的程度
The jury heard testimony of how Ms. Dole threatened
陪审团听到了Dole女士在枪击当天
to kill the victim the very day of the shooting.
是如何威胁受害人的证词
Those were her words.
那都是她所说的
The jury heard Ms. Dole's voice on the phone
陪审团听到了Dole女士在电♥话♥里的语调
evidencing a calm demeanor,
表现出冷静的态度
no passion whatsoever,
丝毫没有什么激♥情♥
seconds before the shooting.
而那是在开枪前几秒钟
Personally, I've never even seen a manslaughter with a gun.
就我个人而言，我从来没有看到过失杀人是用枪的
Manslaughter is usually a fist, a vehicle,
过失杀人通常是用拳头，用汽车
a fight, sometimes a stabbing.
发生在争斗中，有时是用刀捅
But when a woman walks from her door,
但当一个女人走出房♥门
retrieves her purse,
翻开她的皮包
retrieves a handgun from within that purse,
从皮包中翻出一把手♥枪♥来
shoots the man who is still standing by the door,
朝一个还站在门口的人开枪
that's not manslaughter,
那可不是过失杀人
and I will remind the court of something you already know,
我会提醒法庭一些您心知肚明的事情
you are not entitled to simply substitute
您无权就这样用您的裁决去替代陪审团的裁决
your judgment for that of the jury's.
您无权就这样用您的裁决去替代陪审团的裁决
You can only override the first-degree conviction
如果您发现没有合理的依据
if you find there is no reasonable basis for it.
您只能推♥翻♥一级谋杀的定罪
Here, you cannot make such a finding.
在此，您无法得出这个结论
As such, I respectfully request
因此，我谨此请求
that you allow the jury's verdict to stand.
您准许陪审团的裁决成立
WEST: Ms. Dole, do you have anything you'd like to say?
Dole女士，你有什么想说的吗？
I would like to express my condolences
我要向awrence O'Malley的家人表达我的慰唁
to the family of Lawrence O'Malley.
我要向awrence O'Malley的家人表达我的慰唁
I would also like to assure the court
我还要向法庭澄清
the lack of remorse I seemingly demonstrated
那天晚上我打电♥话♥给警♥察♥时似乎表现出的缺乏悔意
in my phone call to the police that night...
那天晚上我打电♥话♥给警♥察♥时似乎表现出的缺乏悔意
was more a product of my shock
更多是源于我受到了惊吓
than the person I think and hope I am.
而不是我认为和希望成为的那个自我
I took a human life.
我夺走了一个人的生命
I had the opportunity to retreat.
我是有机会改变主意的
I didn't do so.
我没那么做
I accept responsibility for a homicide conviction.
我对谋杀罪承担责任
I committed a homicide,
我犯了杀人罪
but given my shock, and my fear,
但考虑到我受到的惊吓，还有我的恐惧
and the underlying trauma
以及因过往对我的那些袭击而给我造成的潜在的创伤
I was experiencing from past assaults against me,
以及因过往对我的那些袭击而给我造成的潜在的创伤
I feel my judgment and state of mind
我感觉到我的判断力和精神状态被破坏了
were compromised.
我感觉到我的判断力和精神状态被破坏了
And that the crime I'm guilty of is more consistent
而我所犯的罪行更为符合非蓄意故意杀人罪
with voluntary manslaughter.
而我所犯的罪行更为符合非蓄意故意杀人罪
Thank you.
谢谢您
WASHINGTON: Did he say when he would rule?
他说了什么时候会做出裁决吗？
DONNELL: No.
没有
It's good that he took it under advisement.
他能仔细考虑是件好事
DONNELL: But bad he wouldn't let us call witnesses.
但糟糕的是他不让我们传唤证人
What is with the heat?
怎么这么热呀？
You said it was being fixed.
你说已经修好了
It is. It should.
是呀，应该是修好了
What the hell is wrong with it?
到底是怎么回事呀？
Do I look like a plumber?
你看我像个管子工吗？
A plumber fixes water, Rebecca.
管子工是修水管的，Rebecca
Tell me you didn't know that.
别跟我说你不知道
You want to get off my back, Ellenor?
你能别烦我吗，Ellenor
What happens when your toilet clogs,
你马桶堵了怎么办
you call an electrician?
你叫个电工来吗？
My toilet never clogs, Ellenor.
我的马桶从没堵过，Ellenor
Do you have that problem?
你遇到过这麻烦吧？
What's that supposed to mean?
你什么意思呀？
Not a thing. Not a thing?
- 没什么意思
- 没什么意思吗？
Only you seem a little edgy.
只不过你看起来有点焦躁
DONNELL: Ellenor, you do seem a little on edge.
Ellenor，你似乎是有点焦躁