美国国家公共电台 NPR Supreme Court To Decide If Prosecution, Defense Can Share Experts in Capital Case

 

STEVE INSKEEP, HOST:

The U.S. Supreme¹ Court hears arguments today in a case that could determine the fate of two men on death row in Arkansas. Other death row inmates² around the country are watching too. Here's the question. If a defendant³'s sanity⁴ is a big issue at the trial, is he entitled to an independent evaluation⁵? Here's NPR legal affairs correspondent Nina Totenberg.

NINA TOTENBERG, BYLINE⁶: In 1986, James McWilliams was convicted of the rape⁷, robbery and murder of a store clerk in Tuscaloosa, Ala. Today's case centers not on his conviction but his death sentence. A jury heard testimony⁸ from McWilliams' mother about his behavioral problems following a traumatic brain injury when he was a child. In rebuttal, the state put on a psychiatrist⁹ and psychologist who testified that McWilliams suffered from no serious mental illness. And the jury, by a vote of 10-2, recommended that he be put to death. Under Alabama law, however, a jury's recommendation is not binding¹⁰ on the judge.

So the critical sentencing hearing in the McWilliams case took place six weeks later and after the defense¹¹ requested a neuropsychological evaluation of McWilliams. The report on that evaluation was produced two days before the hearing. It found that McWilliams had organic brain dysfunction as a result of injuries sustained as a child. As the hearing was about to begin, the state further produced the defendant's prison mental health records, 1,200 pages in all, showing, among other things, that McWilliams was being treated with psychotropic drugs. The defense lawyer asked for a continuance. He said he needed the help of an expert witness independent of the state to evaluate those records and tests. The judge denied the continuance and later in the day sentenced McWilliams to death, concluding the defendant was faking his mental illness.

The defense appealed all the way to the Supreme Court, noting that a year before McWilliams' trial, the justices, by an 8-1 vote, ruled that when an indigent¹² defendant can show that his sanity is a significant factor at trial, the defense is entitled, at minimum, to have access to its own expert witness to help in the preparation of the mental health defense. Alabama contends the expert witness does not have to be independent of the prosecution¹³. Nina Totenberg, NPR News, Washington.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 inmates   

n.囚犯( inmate的名词复数 )

参考例句：

• One of the inmates has escaped. 被收容的人中有一个逃跑了。 来自《简明英汉词典》
• The inmates were moved to an undisclosed location. 监狱里的囚犯被转移到一个秘密处所。 来自《简明英汉词典》

3 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

4 sanity   

n.心智健全，神智正常，判断正确

参考例句：

• I doubt the sanity of such a plan.我怀疑这个计划是否明智。
• She managed to keep her sanity throughout the ordeal.在那场磨难中她始终保持神志正常。

5 evaluation   

n.估价，评价；赋值

参考例句：

• I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。
• The new scheme is still under evaluation.新方案还在评估阶段。

6 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

7 rape   

n.抢夺，掠夺，强奸；vt.掠夺，抢夺，强奸

参考例句：

• The rape of the countryside had a profound ravage on them.对乡村的掠夺给他们造成严重创伤。
• He was brought to court and charged with rape.他被带到法庭并被指控犯有强奸罪。

8 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

9 psychiatrist   

n.精神病专家；精神病医师

参考例句：

• He went to a psychiatrist about his compulsive gambling.他去看精神科医生治疗不能自拔的赌瘾。
• The psychiatrist corrected him gently.精神病医师彬彬有礼地纠正他。

10 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

11 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

12 indigent   

adj.贫穷的，贫困的

参考例句：

• The town government is responsible for assistance to indigent people.镇政府负责给穷人提供帮助。
• A judge normally appoints the attorney for an indigent defendant at the defendant's first court appearence.法官通常会在贫穷被告人第一次出庭时，为其指派一名辩护律师。

13 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。