86. 刑法

现在是五月。

It's May.

是的。

Yes.

没错。

That's right.

S u m m a r y。

S u m m a r y.

所以简易程序罪行不太严重，而可公诉罪行则是更严重的犯罪，必须由陪审团和法官在法庭上审理。

So summary offence, not very serious, and an indictable offence, which is a much more serious crime which has to be heard in front of a jury and the judge in a court.

所以你父亲，我的叔叔，是在伊普斯维奇的王室法院当法官，那里审理可公诉的刑事罪行。

So you're father, my uncle, works as a judge in a Crown Court in Ipswich which deals with indictable criminal offenses.

是的。

Yeah.

所以你大概对

So you kind of know probably a little bit about

知道一点。

A little bit.

是的。

Yeah.

而且我的两个姐姐都是律师。

And both my sisters are lawyers.

没错。

That's right.

我的姐夫是律师。

And my brother-in-law is a lawyer.

你有人脉关系。

You've got legal connections.

就像你女朋友那样的法律人脉。

Legal connections like your girlfriends.

没错。

That's right.

对。

That's right.

而且，你知道，你相当聪明

Plus, you know, you're a fairly intelligent

个体。

individual.

我会数数，也会拼写。

I can count and spell.

你会数数，也会拼写。

You can count and spell.

好的。

Okay.

在我给你读故事之前，我觉得我们得先定义一些术语，好吗？

Before I read the story to you, I just feel like we need to define some terms, okay?

现在，我想定义的第一个词是‘自杀’。

Now the first term that I'd like to define is the word suicide.

这是一个黑暗的术语。

This is a dark term.

这是一个非常黑暗的术语，但我跟你说过，这就像一个犯罪悬疑故事。

This is a very dark term, but I told you it's like a criminal mystery story.

一种类似黑色电影的氛围。

A picture of film noir kind of situation.

美国，过去的某个时候。

America, sometime in the past.

可能正在下雨，对吧？

It's probably raining, isn't it?

可能正在下雨。

It could be raining.

洛杉矶，类似那样的地方。

Los Angeles, something like that.

把它想象成一个犯罪悬疑故事，好吗？

Think of it as like a criminal mystery story, okay?

所以故事会变得有点阴暗。

So it's going to get a little bit dark.

这个故事有点阴暗。

The story is a bit dark.

它涉及一些黑暗的主题。

It deals with some dark themes.

那你如何定义自杀呢？

How would you define suicide then?

自杀是指某人结束自己的生命。

Suicide is when someone takes their own life.

比如说，在车祸中？

For example, in a car accident?

不，是指某人故意杀死自己。

No, when someone deliberately kills themself.

好的，所以他们是有意地、故意地结束自己的生命，明白吗？

Okay, so they end their own life on purpose with intention to do it, okay?

所以，这不包括他们意外自杀的情况？

So it's not just if they kill themselves by accident?

不，这指的是上吊、从高楼跳下这类行为，

No, it's like hanging, jumping off a tall building,

就是那种情况。

that sort of thing.

就是那种事情。

That kind of thing.

好的，所以那就是自杀。

All right, so that's suicide.

你倾向于自杀并且确实这么做了。

You tend to kill yourself and you do.

因为自杀难道不是一种犯罪吗？

Because isn't there a is it a crime, suicide?

我认为法律上不算。

I think not legally.

对。

Right.

比如在某些宗教中，这可能不被接受，但我认为自杀并不违法。

As in religious in some religions it might be frowned upon, but I don't think it's illegal to kill yourself.

我不知道过去企图自杀是否算犯罪。

I don't know if attempted suicide was a crime in the past.

哦，过去很可能算，但那是出于宗教原因。

Oh, in the past, yeah, quite possibly, but that would be for religious reasons.

对，好吧。

Right, okay.

下一个就是谋杀。

So the next one is murder.

是的。

Yeah.

你是怎么发现这个的？

How did you find that?

谋杀是指你故意杀害他人。

Murder is when you deliberately kill somebody else.

好的。

Okay.

你故意杀害了别人。

You deliberately kill someone else.

举个例子，一个男人闯入我家，威胁要杀害我的家人，我别无选择，只能在他动手之前开枪打死他。

So for example, a man breaks into my house and he threatens to kill my family, and I have no choice but to shoot him before he kills my family.

那应该是过失杀人。

That would be manslaughter.

真的吗？

Really?

为什么？

Why?

但我故意杀了他。

But I deliberately killed him.

因为我认为这应该是出于正当理由之类的。

Because there was I assumed that it would be because there was just cause, that kind of thing.

你会有充分的理由说明你必须采取这一行动。

You would have a compelling reason why you had to take that action.

所以你杀了他们，这从来都不是完全正当的，但确实有原因。

So that you killed them and that's never entirely justified, but there was a reason for it.

所以也许谋杀是带有事先意图的，也就是有预谋的。

So maybe murder is with prior intent, so it's planned.

是的，明白了。

Yeah, okay.

这就像事先计划好的杀人行为，你提前策划好了，而且没有任何其他因素能使其情节减轻。

It's like a pre planned act of killing a person when you've planned it in advance, and there aren't any other factors which somehow make it less serious.

所以这种‘别无选择’的概念——我不得不杀了他，因为他要杀我的家人——这可能被视为从轻情节。

So this likely, idea of having no choice, I had to kill him because he was going to kill my family, that might be considered to be a mitigating factor.

对。

Yes.

所以，这会让罪行在某种程度上显得不那么严重。

So that's something which makes the crime somehow less serious.

没错。

That's right.

或者，如果你的妻子和别人睡了，她还在跟你谈论这件事，试图激怒你，而你在冲动之下做了导致她死亡的事，那可能就属于过失杀人。

Or if your wife had slept with someone else and she was talking to you about it and trying to anger you, and in the spur of the moment you did something which ended up with her dying, that might be manslaughter.

你推了她，然后

You pushed her and

她从楼梯上摔了下来，

she fell down the stairs and

她摔破了头。

she broke her head.

对，没错。

Yeah, exactly.

因为尽管你在那一刻是有意为之，但你其实并不是

Because although you intended to do it at that moment, you weren't really

心智健全。

Of sound mind.

心智健全。

Of sound mind.

所以这可能是一个减轻因素，因为你在激情时刻失去了控制，例如，这可能使其成为过失杀人。

So that might be a mitigating factor because of the the moment of passion that you lost control, for example, and that might make it manslaughter.

没错，过失杀人可能发生在你意外杀害他人时，但你所做的事情并非

That's right, involuntary manslaughter might be when you accidentally kill somebody else, but you are doing something which was not

不对，比如说，如果你酒后驾车撞死了一个行人。

Not For example, if you're drunk driving and you kill a pedestrian.

没错。

Exactly.

那就会是非自愿过失杀人。

That would be involuntary manslaughter.

所以非自愿过失杀人就像是意外造成的。

So you've involuntary manslaughter which is like you do it by accident.

然后你还有自愿过失杀人。

Then you've got voluntary manslaughter.

就是过失杀人。

It's just manslaughter.

就是过失杀人。

Just manslaughter.

这种情况可能是你杀了人，但你并非真的想这么做，所以可能是一时冲动犯罪，或者你当时精神失常。

That's where you maybe you kill someone but you didn't really want to do it so maybe it was a crime of passion or you were insane.

那么在这之上就是谋杀。

Then above that you've got murder.

减轻因素是指那些使罪行不那么严重的因素，而加重因素则是使罪行更严重的因素。

Mitigating factors these are the things that make crime less serious, and aggravating factors are the things that make it more serious.

例如，在抢劫案中就是这样。

So that would be in, for example, in a robbery.

如果是持械抢劫，如果你使用了武器并造成了很大的困扰，或者可能打伤了人，这些就属于加重因素。

If it's an armed robbery, if you use a weapon and you cause a lot of distress or maybe hit someone, those would be aggravating factors.

加重伤害罪。

Aggravated assault.

没错，就是加重伤害罪。

An aggravated assault, exactly.

那么我们已经讨论了自杀、谋杀和过失杀人。

So we've dealt with suicide, we've dealt with murder, we've dealt with manslaughter.

顺便说一下，我们用于所有这些罪行的动词是‘犯’这个词。

By the way, the verb that we use with all of these is the word to

杀害。

Kill.

犯下。

To commit.

犯下过失杀人罪，犯下谋杀罪。

To commit manslaughter, to commit murder.

还有自杀，对吧。

And to commit suicide, right.

那谋杀未遂呢？

What about attempted murder?

那是指你蓄意试图杀害某人但失败了。

That's where you deliberately try to kill somebody but failed.

所以你尝试并

So you try and

杀害某人但你没有成功，好的。

kill someone but you're not successful, okay.

所以这就像是你试图谋杀但没能成功。

So it's like you try to murder but you don't manage to do it.

这仍然非常严重，不是吗，谋杀未遂？

That's still very serious isn't it, attempted murder?

是的。

Yes.

杀人罪。

Homicide.

这是美国常用的一个说法。

This is an expression they use in America.

杀人罪。

Homicide.

凶杀组。

Homicide squad.

什么杀人罪？

What homicide?

我猜那只是指你杀了人，但它可能是这三个术语中的任何一个。

I assume that's just when you kill the man, but it could be any of those three terms.

对。

Yeah.

实际上要么是谋杀，要么是过失杀人。

It's actually either murder or manslaughter.

哦，好的。

Oh, okay.

杀害另一个人的行为就叫做杀人罪。

It's just the killing of another person is called homicide.

所以，杀人罪指的是杀人。

So, homicide being man.

没错。

That's right.

正是如此。

Exactly.

还有很多其他种类的‘杀害’，比如弑君。

There's lots of different other kinds of iscide like regicide.

是的，那指的是杀死国王。

Yeah, it's called kill a king.

差不多就是杀死国王的意思。

Almost when you kill a king.

杀害兄弟。

Fratricide.

手足相残，是指杀害自己的兄弟吗？

Fratricide, is that when you kill your brother?

是的。

Yeah.

比如，'Frat' 就像兄弟会的意思。

Frat meaning like fraternity for example.

对，对，对。

Yeah, yeah, yeah.

是叫疯狂杀戮吗？

Is it franticide?

杀婴，杀害婴儿。

Fanticide, infant.

是的。

Yeah.

那是当

That's when

你杀死一个孩子。

you kill a child.

没错。

That's right.

这非常黑暗。

This very dark.

自杀。

Suicide

自杀是杀死自己。

Suicide kills

你自己，对吧。

yourself, right.

谋杀则没有理由地突显出来。

The murder just stands out without a side.

好的。

Okay.

我这里还有另一个观点。

I've got one other point here.

会发生什么呢，比方说，我去试图杀死一个叫约翰的人。

What happens, right, if you let's say for example I go and I try to kill a guy called John.

抱歉约翰，如果你在听的话。

Sorry John, if you're listening.

但比如说，我因为不喜欢一个叫约翰的人而试图开枪射杀他，结果没打中，却射中了保罗。

But let's say for example I try to shoot a person called John because I don't like him, and I miss and I shoot Paul instead.

这就像一个错综复杂的故事。

This is like a beefled story.

如果你试图谋杀约翰

If you attempted murder on John

本想杀约翰，但我失手了，结果打中了保罗

Wanted to kill John, but I missed and I shot Paul

所以是谋杀未遂和过失杀人。

and he So attempted murder and involuntary manslaughter.

所以这会更严重吗？

So is that more serious?

我觉得是的。

I would think so.

对。

Yeah.

因为我认为

Because that I think

在这起鲁莽杀人案中的鲁莽行为。

in Recklessness in this reckless murder.

我认为在某些情况下，这会被视为谋杀。

I think in some cases that would be considered to be murder.

哦，真的吗？

Oh, really?

因为你既有谋杀未遂的意图，又实际造成了他人死亡，并且你对此负有完全责任。

Because you've got a combination of attempted murder with the intention to commit an act of murder combined with someone dying and you being completely responsible for it.

所以这在某种程度上就等同于谋杀。

So that somehow becomes the equivalent of murder.

现在综合考虑所有这些因素，让我们回到故事本身。

Right now all those things considered, let's now turn to the story.

实际上我现在是从电脑上读的，所以请你不要看屏幕。

Now I'm actually reading this from the computer, so I'd ask you not to look at the screen

好的。

Okay.

因为这可能会破坏那种惊喜感之类的。

Because it might spoil the sort of surprise or whatever.

所以我们要做的是，我会问你一些问题，然后我会把这段文字读给你听，你只需要告诉我你认为这些问题的答案是什么。

So what we're gonna do is I'm gonna ask you some questions, and then I'm gonna read the paragraph to you, and you have to just tell me what you think the answers are to those questions.

好的。

Okay.

明白吗？

Okay?

别忘了对着Right说清楚点，好的，这其实是一个几年前在圣地亚哥举行的美国法医科学学会年度会议上，在颁奖晚宴上分享的故事。

Don't forget to speak nice and clearly into Right, the so this is actually a story which was shared at an awards dinner at the annual American Academy of Forensic Sciences meeting in San Diego a few years ago.

法医学显然是指像CSI里那样的警察侦探工作的科学方法，你知道的，就是法医鉴定。

Forensics is obviously about the scientific approach to police detective work like in CSI, you know, forensics.

好的，所以这就像是法医界人士的聚会，就像《嗜血法医》里那样。

Okay, so it's like a meeting of forensic people Like Dexter.

就像《嗜血法医》里那样。

Like in Dexter.

没错。

Exactly.

而且

And

这个故事就是在那个活动上讲述的，内容是这样的。

this story was told at that event, and this is how it goes.

好的，那么3月23日，法医检查了一位名叫罗纳德·奥普斯的男子的尸体，并得出结论，他死于头部枪伤，由一把霰弹枪造成。

Right, so on March 23 the medical examiner viewed the body of a man named Ronald Opus, and he concluded that he had died from a gunshot wound of the head caused by a shotgun.

明白吗？

Okay?

当时的调查显示，死者是从一栋10层楼的楼顶跳下，意图自杀。

Now investigation to that point had revealed that the deceased had jumped from the top of a 10 storey building with the intent to commit suicide.

他实际上留下了一张纸条，表明了他的绝望，对吧？

He actually left a note indicating his despondency, right?

当他下坠经过9楼时，一声从窗户射出的猎枪枪响打断了他的生命。

Now as he passed the 9th Floor on his way down, as he was falling, his life was interrupted by a shotgun blast which came through a window.

所以他当时正在坠落，九楼窗户射出一发霰弹枪子弹，击中他的头部导致死亡。

So he was falling down, a shotgun blast came out of the 9th Floor window and hit him in the head and killed him.

无论是开枪者还是死者都不知道，八楼为了保护一些正在清洗窗户的工人而安装了一张安全网，而死者正是因为这张网才没能完成他的自杀意图。

Neither the shooter nor the deceased man were aware that a safety net had been erected on the 8th Floor Level to protect some window washers who'd been cleaning the windows, and that the deceased would not have been able to complete his intent to commit suicide because of the net.

对吧？

Right?

你明白基本的情况了吗？

Have you got the basic idea there?

所以我要问你几个问题。

So I'm gonna ask you some questions.

这个人是怎么死的？

How did the man die?

他死于头部枪伤。

He died from a gunshot wound to the head.

好的。

Okay.

枪伤是什么时候击中他头部的？

When did the gunshot wound hit him in the head?

在他坠落的时候。

As he was falling.

好的。

Okay.

他为什么要从楼顶跳下来？

Why did he jump from the top of the building?

因为他想自杀。

Because he wanted to kill himself.

他为什么这么做？

Why did he do that?

因为他不开心。

Because he was unhappy.

对，好吧。

Right, okay.

所以霰弹枪的射击杀死了他。

And so the shotgun blast killed him.

那么网在这起事件中有什么意义？

Now what's the significance of the net in this?

因为他本可以活下来。

It's because he would have survived.

所以他试图自杀，但本会失败，而实际上他的死是别人造成的。

So he attempted suicide but would have failed, but actually someone else caused his death.

好的。

Okay.

明白了。

Alright.

那么，如果你是负责这个案件的侦探，现在这起犯罪是什么？

So at this point, if you were the sort of detective working on this case, what's the crime?

在这个阶段，这起犯罪是非自愿过失杀人。

The crime at this stage is involuntary manslaughter.

好的。

Okay.

为什么？

Why?

因为开枪的人本意并非要杀死那个坠落的人，但结果却杀死了他。

Because whoever fired the gun didn't mean to kill the person who was falling, but did.

明白了。

Okay.

好的。

Alright.

所以这不是自杀，对吗？

So it's not suicide then?

不是。

No.

所以，尽管那个人想死，跳下了楼，但他还是死了。

So even though the man wanted to die, jumped off the building, he died.

这仍然不是自杀。

It's still not suicide.

仍然不是自杀。

Still not suicide.

因为他最终并非导致自己死亡的原因。

Because he he was not eventually the cause of his death.

他没有导致自己的死亡。

He didn't cause his own death.

好的，明白了。

Okay, all right.

我们来看第二段，问题是：我只有一个疑问，为什么法医认为这是一起他杀？

Let's move on to paragraph two, and the question is I've just got one question why the medical examiner did the medical examiner consider consider this to be a homicide?

好的，这段内容是：通常来说，一个人若以自杀意图启动事件链，即使其死亡机制可能并非其本意，最终仍会被认定为自杀。

Okay, so here's the paragraph: Ordinarily a person who starts into motion the events with a suicide intent ultimately commits suicide even though the mechanism might not be what he intended.

因此，他在坠向九层楼下必死无疑的途中被枪击，这可能不会改变其死亡方式从自杀变为他杀，但鉴于其自杀意图在任何情况下都不可能实现，这一事实导致法医认为他面临的是他杀案件。

So that he was shot on the way to certain death nine stories below probably would not change his mode of death from suicide to homicide, but the fact that his suicide intent would not have been achieved under any circumstance caused the medical examiner to feel that he had homicide on his hands.

我同意吗？

Do I agree?

他为什么认为这是谋杀？

Why did he consider it to be a homicide?

我认为正如描述的那样，因为他不是自己死亡的直接原因。

I think as described is that because he wasn't the cause of his own death.

对。

Right.

好的。

Okay.

因为

Because

他所采取的行动本不会导致他的死亡。

the action he took would not have resulted in him dying.

明白了。

Okay.

而且实际上是由另一个人造成的。

And it was actually caused by another human being.

这个人在

This person on

九楼的那个人，是的。

the 9th Floor who Yeah.

开了那支霰弹枪。

Shot the shotgun.

是的。

Yeah.

对。

Yeah.

所以，如果他当时落入了安全网，但网缠住了他的脖子导致他死亡，那就没有其他人参与其中，那仍然算是自杀。

So if if he had if he had landed in the net, but it it wrapped around his neck and he died, there'd be no other human being involved, and that would still be suicide.

如果他们把那个网留在那里，那可能就是过失。

It might be negligence if they'd left the neck there.

是的。

Yeah.

对。

Yeah.

好的。

Okay.

没错。

Right.

所以我要先给你读第三段的问题。

So I'm gonna read you the questions for paragraph three first.

谁住在霰弹枪声传出的房间里？

Who lived in the room where the shotgun blast came from?

谁住在霰弹枪声传出的房间里，他为什么开枪？

Who lived in the room where the shotgun blast came from, and why did he shoot the gun?

是的。

Yeah.

那么谁对这次死亡负责？

And who's responsible for the death?

你会以什么罪名指控那位老人？

And what would you charge the old man with?

如果你是警察，这算什么罪行？

If you were the police, what's the crime?

你会以什么罪名指控那位老人？

What would you charge the old man with?

好的，那么这些是你在阅读下一段时要记住的问题。

Okay, so these are to bear in mind as you read the next paragraph.

是的，没错。

Yeah, that's right.

我们非常有条理，对吧？

We're very organised aren't we?

是的，我们确实很有条理。

Yeah we are.

好的，进一步的调查发现，传出猎枪声的九楼房间住着一位老人和他的妻子。

Alright, so further investigation led to the discovery that the room on the 9th Floor from where the shotgun blast had come was occupied by an elderly man and his wife.

因为一场争吵，他正用猎枪威胁她，并且他变得非常激动，以至于无法握稳猎枪。

He was threatening her with the shotgun because of an argument, and and he became so upset that he couldn't hold the shotgun straight.

因此，当他扣动扳机时，完全错过了他的妻子，猎枪的弹丸穿过窗户击中了那个人的头部，导致其死亡。

Therefore, when he pulled the trigger, he completely missed his wife, and the pellets from the shotgun went through the window hitting the guy in the head, killing him.

明白了吗？

Alright?

那么，谁住在发生霰弹枪射击的房间里？

So who lived in the room where the shotgun blast came from?

一位老人和一位女士。

An old man and a lady.

是的。

Yeah.

一对夫妻。

A husband and wife.

没错。

That's right.

他为什么要开枪？

And why did he shoot the gun?

因为他试图谋杀或过失致死他的妻子。

Cause he was attempting to murder or perhaps manslaughter his wife.

他试图杀死他的妻子。

He was attempting to kill his wife.

好的。

Okay.

他试图杀死他的妻子，但没打中，结果在他摔过窗户时击中了那个人的头部。

He was trying to kill his wife, but he missed, and and he shot the guy in the head as he fell past the window.

是的。

Yeah.

真是糟糕透顶。

Amazingly bad.

那是飞碟射击。

It's a clay pigeon shooting.

从某种意义上说，是的。

In a sense, yes.

但后果极其严重。

But with dire, dire consequences.

没错。

That's right.

谁该为这起死亡负责？

Who's responsible for the death?

那个

The

男人。

man.

是开枪的那个男人吗？

The man who shot the gun?

开枪的那个人。

The man who fired the gun.

好的。

Okay.

那么，如果你是负责此案的警探，你会以什么罪名起诉这位老人？

And then if you were the police detective in charge of this case, what would you charge the old man with?

什么罪行？

What crime?

到目前为止，这涉及两项罪名。

At this point, it would be two crimes.

是的。

Uh-huh.

一项是企图谋杀那名女子，另一项是过失致死那个从窗户跳出去的人。

It would be attempted murder of the woman and involuntary manslaughter of the guy who's jumping past the window.

所以基本上，这个家伙要面临长达二十五年的监禁。

So basically the guy's facing a twenty five year stretch in prison.

至少。

At least.

好的。

Okay.

那个老家伙完蛋了。

The old geezer's going down.

第四段。

Paragraph four.

准备好回答问题了吗？

Ready for questions?

是的。

Yeah.

老人的辩护理由是什么？

What is the old man's defense?

好的。

Okay.

现在指控是什么？

Now what's the charge?

是谁给枪上的子弹？

And who loaded the gun?

好的。

Okay.

他需要负责吗？

And is he responsible?

好的。

Alright.

我们开始吧。

Here we go.

当一个人意图杀害对象A，但在尝试过程中杀害了对象B，此人即犯有谋杀对象B的罪行。

When one person intends to kill subject A but kills subject B in the attempt, one is guilty of the murder of subject B.

这是谋杀未遂加上过失杀人。

This is this attempted murder plus manslaughter.

那是法律上的技术细节。

That's the technicality of the law.

没错。

That's right.

所以这仍然被视为谋杀。

So it's still it's considered to be a murder.

老人面对这个结论，但他和妻子都坚称，两人都不知道猎枪已上膛，因为老人长期以来一直有用未上膛的猎枪威胁妻子的习惯。

The old man was confronted with this conclusion, but both he and his wife were adamant in stating that neither knew that the shotgun was loaded because it was the longtime habit of the old man to threaten his wife with an unloaded shotgun.

所以每当他们吵架时，他们总是这么做。

So this is something they always did when they had an argument.

他会把空枪指着她，然后咔哒一声。

He would point the unloaded gun at her and then go click.

这不算很

Not a very

我有点开玩笑地说。

In a slightly jokey way, I'd say.

我不知道，但确实不太友善。

I don't know, but not very nice.

总之，这是他的长期习惯。

Anyway, so this is his long term habit.

他实际上并没有杀害她的意图，因此对死者的死亡看起来是一场意外。

He he actually had no intent to murder her, therefore the killing of the deceased man appeared to be an accident.

也就是说，那把枪被意外上膛了。

That is that the gun had been accidentally loaded.

好吧。

Alright.

那么，老人的辩护是什么？

So what's the old man's defense?

老人的辩护是，我不知道枪里装了子弹，所以我根本没打算对准她，更不用说后面的人了。

The old man's defense is I didn't know the gun was loaded, so I was I was not even attempting to load at her, let alone the person behind.

所以他只是在玩游戏。

So he was he was just playing a game.

他没意识到枪里装了子弹。

He didn't realize the gun was loaded.

那现在指控是什么？

So what's the charge now?

指控是过失致人死亡。

The charge is involuntary manslaughter.

这可能是意外死亡。

Accidental death, it could be.

只是意外死亡。

Just accidental death.

没有人需要负责吗？

No one was responsible?

是的。

Yeah.

真的吗？

Really?

但是，这位老人，你想想看，即使你认为枪没上膛，用霰弹枪指着一位女士并开枪，这难道是一件合理的事情吗？

But surely the man, the old man, you know, thinking thinking about it, is it a reasonable thing to do to, you know, even when you think it's not loaded, to point a shotgun at a woman and shoot?

确实。

Yeah.

即使你知道

Even if you know

枪没上膛。

it's not loaded.

如果你知道它没装子弹，那它就基本上像一把玩具枪。

If you know it's not loaded, then it's basically a toy gun.

这不算犯罪。

That's not a crime.

但玩具枪不会射出子弹，而

Except that toy guns don't shoot bullets and

真枪会。

real guns.

但没装子弹的真枪也不会发射。

But nor do real guns without bullets in.

是的。

Yeah.

但你得小心，不是吗？

But you have to be careful, don't you?

如果你拥有一把猎枪，你就负有责任确保你知道它没有装弹。

You have to if you've got a shotgun in your possession, you have a kind of duty of care to make sure that you know it's not loading.

可能吧。

Probably.

如果你持有枪支许可证，你应该知道，你应该了解这类事情。

If you're if you've got a firearm license, you should have you should know that you should know that kind of thing.

是的。

Yeah.

可能应该有一些规定。

There should be probably some kind of rule.

所以他仍然要对武器负责，所以也许这仍然是一种过失杀人，但可能有一些减轻处罚的情节。

So he's still kind of responsible for the weapon, so maybe it's still a kind of manslaughter but with some mitigating factors maybe.

过失杀人。

Involuntary manslaughter.

所以一个

So an

非自愿的减轻情节。

involuntary mitigating circumstances.

是谁给枪上的子弹？

Who loaded the gun?

所以你还没——我

So you haven't I

还没说呢。

haven't told yet.

你觉得那个给枪上子弹的人怎么样？

You What do you think about the person who loaded the gun?

他在这里有任何责任吗？

Does he have any responsibility here?

他在某种程度上负有责任吗？

Is he liable in some way?

我需要了解更多情况。

I would need to know more.

但有可能，是的。

But potentially, yes.

给不属于自己的枪上弹，并且在上弹后不通知任何人就把它留在那里，这是一种不负责任的行为。

It's irresponsible behavior to load a gun that's not yours and leave it loaded without notifying anybody.

是的。

Yeah.

好的。

Okay.

那么我针对第五段的下一问题是：谁给枪上了弹，以及为什么？

So my next question for paragraph five is who loaded the gun and why?

是的。

Yeah.

那么，谁该负责，负什么责？

Now who's responsible and what for?

好的。

Okay.

明白吗？

Okay?

但进一步的调查发现了一位证人，该证人称在致命事故发生前大约六周，有人看到那对老夫妇的儿子给猎枪上了子弹。

So but further investigation turned up a witness who said that the old couple's son had been seen loading the shotgun approximately six weeks prior to the fatal accident.

调查显示，那位母亲，也就是老太太，实际上切断了对儿子的经济支持。而她的儿子，知道他父亲有用猎枪进行威胁的习惯，于是给枪上了子弹，期望父亲会开枪打死母亲。

That investigation showed that the mother, the old lady, had actually cut off her son's financial support, and her son, knowing the habit of his father to use the shotgun in a threatening way, loaded the gun with the expectation that the father would shoot his mother.

所以，这是一种病态的报复行为。

So as a kind of sick act of revenge.

现在，这个案子变成了儿子要为罗纳德·奥珀斯的死负责的谋杀案。

The case now becomes one of murder on the part of the son for the death of Ronald Opus.

好的。

Okay.

那么是谁给枪上膛的？

So who loaded the gun?

是儿子干的。

The son did.

是那个男人和妻子的儿子。

Of the son of the the man and the wife.

那他为什么要给枪上子弹呢？

And why did he load the gun?

因为他希望这会导致他母亲的死亡。

Because he was hoping that it would cause the death of his mother.

所以他知道他父亲有时会拿枪指着他母亲，然后扣动扳机。

So he knew that his dad sometimes pointed the gun at his mother and went click.

是的。

Yeah.

所以他给枪上了膛，以为他爸爸会开枪打死他妈妈。

So he loaded the gun thinking that his dad would shoot his mother.

他为什么要这么做？

Why did he do that?

因为他妈妈切断了他的经济支持，他对妈妈很生气。

Because his mother cut off his financial support, he was angry with his mother.

对，所以他想要报复。

Right, so he wanted to get revenge

是的，针对他的

Yeah, on his

非常正确，就是这样。

very much, that's right.

并且陷害他父亲，让他父亲背上了谋杀他母亲的罪名。

And set up his dad, frame his dad for the murder of his mom.

天哪，这故事太可怕了。

God, what a horrible story.

是的。

Yeah.

我们继续讲下去，好吗？

Let's keep telling it, shall we?

好的。

Alright.

那么现在谁该负责？

So who now who's responsible?

所以在这个阶段，儿子要对那个摔出窗外的人的死亡负责。

So at this stage, the son is responsible for the death of the man falling outside the window.

为什么？

Why?

因为是他把一个非致命武器变成了致命武器。

Because he was the one who made a turned a non deadly weapon into a deadly weapon.

对。

Right.

通过装弹。

By loading it.

在无人知晓的情况下装弹。

By loading it without anyone's knowledge.

他装弹的意图是导致他母亲的死亡。

He also loaded it with the intention of causing the death of his mother.

是的。

Yeah.

所以这实际上是一种谋杀行为，因为他设下了圈套。

So that was in effect an act of murder because he set in

他蓄意企图杀害他的母亲，就是这么回事。

He deliberately attempted to kill his mother for That's that right.

我们真的能确定这一点吗？

Do we do we know that for a fact?

嗯，根据这位证人的说法，似乎是这样。

Well apparently according to this witness.

哦，我明白了。

Oh I see.

这取决于你是否同意证人的说法，不是吗？

Depends whether you agree with the witness or not, doesn't it really?

好的，那么最后一段，我们来看问题。

Okay, so final paragraph, And so we have the questions.

儿子是谁？

Who was the son?

那个男人为什么要跳下去？

Why did the man jump?

这是什么罪行？

What's the crime?

对吧？

Right?

进一步，甚至需要更深入的调查。

Further, even further even more investigation.

进一步调查显示，儿子因谋杀母亲的企图失败而变得日益消沉。

Further investigation revealed that the son had become increasingly despondent over the failure of his attempt to get his mother murdered.

这导致他在3月23日从10层楼跳下，却被九楼窗户射出的猎枪子弹击毙。

This led him to jump off the 10 storey building on March 23 only to be killed by a shotgun blast through a ninth storey window.

对。

Right.

原来如此。

So I see.

那儿子最后是谁？

Who was the son in the end?

哦。

Oh.

所以儿子就是那个自杀的人。

So the son was the guy who killed himself.

对。

Right.

试图通过从楼顶跳下来自杀。

Was trying attempting to kill himself by jumping from the roof.

对。

Right.

他为什么跳楼？

Why did he jump?

因为他很沮丧和绝望，因为他的母亲没有被他的父亲杀死。

Because he was depressed and despondent because his because he his mother hadn't been killed by his father.

对。

Right.

所以他因为计划失败而极度沮丧，决定跳楼自杀。

So he was so depressed that his plan had failed that he decided to jump off the roof to kill himself.

然后发生了什么？

Then what happened?

然后发生了什么？

Then what happened?

他自己的父亲，在一次假装要杀死他母亲的玩笑行为中，开了一把装了子弹的枪，子弹没有打中他母亲，而是穿过窗户，在他坠落经过窗户时击中了他。

His own father, in a jokey act of pretending to kill his mother, fired a gun that missed his mother and was loaded, and the bullet from that gun went through the window and killed him as he fell past the window.

是的。

Yeah.

那么，这算什么罪行呢？

So what's the crime?

并没有发生任何罪行。

There hasn't been a crime.

所以，他们，所有发生的事就是有人自杀了。

So so they the all that's happened is someone's committed suicide.

这仍然是自杀。

It's still suicide.

是的。

Yeah.

你怎么解释这仍然是自杀呢？

How do you explain that it's still suicide?

因为他试图...他...他本意是自杀，然后通过他自己的行为

Because he was he attempt he he was intending to kill himself and then by his own actions

他最终死了。

he ended up dead.

所以他是为自己的死亡负责？

So he was responsible for his death?

他是

He was

对他自己的死亡负有责任。

responsible for his own death.

从某种意义上来说，他对自己实施了谋杀。

He kind of committed a murder on himself in some

方式。

way.

他意图杀害他人，结果实际上他也意图杀害自己，并且最终确实导致了自己的死亡。

He intended to kill someone else and as a result of that he actually also he intended to kill someone else, he intended to kill himself, and he did end up killing himself.

所以他本意是想杀别人，结果那个人是他自己。

So he intended to kill someone, that person ended up being himself.

所以这是自杀。

So it's a suicide.

这是自杀吗？

It's a suicide?

是的。

Yeah.

这正是故事中发生的情况。

That's exactly what happened in the story.

法医最终认定这是一起自杀，案件因此结案。

The medical examiner eventually decided that this was a suicide, and the case was closed.

多么黑暗而曲折的故事啊。

What a dark but twisting tale.

这不是很有趣吗？

Isn't it interesting?

是的。

Yeah.

确实如此。

It is.

这是一个很棒的故事。

It's a great story.

多年前，这个故事曾在互联网上广泛流传，那时还是互联网的早期阶段。

Now that story went around the Internet many years ago, back in the early days of the Internet.

那件事显然在1994年8月就传遍了互联网。

That was apparently all over the Internet in August 1994.

电影《木兰花》里也有吗？

Was in the film Magnolia?

这个故事确实在电影里出现过。

It did appear also in the film.

所以，这个故事后来又被拍进了1999年的电影《木兰花》里。

So that story was was told again in a movie called Magnolia in a 1999 film.

好电影。

Good movie.

这是一部由汤姆·克鲁斯和其他几位演员主演的好电影。

Good movie with Tom Cruise and a few other people.

你觉得这是真的吗？

Do you think it's true?

不是。

No.

为什么不信呢？

Why not?

这太难以置信了。

It's too implausible.

你说的难以置信是什么意思？

What do you mean implausible?

这很难让人相信。

It's hard to believe.

要让那件事真正发生，需要满足太多不同的条件。

There's too many different things that need to happen for that to actually take place.

没错。

Right.

这可能性非常小。

It's very unlikely.

对。

Right.

所以这真的很难让人相信。

So it's just so hard to believe.

太不可能了。

So unlikely.

事实上，你说得对。

Well, the fact is, you're right.

这确实是一个编造的故事，由一个叫米尔斯的人在一次会议上首次讲述的。

It is a made up story, and it was made up by this guy Mills who actually originally told the story at this conference.

米尔斯对此是这么说的。

And Mills said this about it.

他说：'我在1987年编了这个故事，为了在那次会上娱乐听众，并说明如果改变几个小事实，就会极大地改变法律后果。'

He said, I made up the story in 1987 to present to the audience at that meeting for entertainment and to illustrate how if you alter a few small facts, you actually greatly you greatly alter the legal consequences.

所以这表明，杀人、过失致死、自杀和无罪之间，可能只有一线之隔。

So it just shows that, you know, there can be a very fine line between murder, manslaughter, suicide, and nothing.

只需要改变一点点细节就够了。

All it takes is a few little things to change.

他说在1994年，有人把这故事抄到了互联网上，我被告知网上已经收到了二十万次查询。

He said in 1994 someone copied it onto the internet, and I was told it had already gathered 200,000 inquiries on the net.

过去两年里，我接到了大约四百通电话，来自图书管理员、记者、法律系学生，甚至还有法学教授，都想把这故事写进教科书里。

In the past two years I've had around 400 telephone calls about it librarians, journalists, law students, even law professors wanting to incorporate it into textbooks.

但他编造整个故事只是为了说明一个观点。

But he had just made the whole story up in order to illustrate a point.

所以你看。

So there you go.

这是个很棒的故事，对吧？

Great story, isn't it?

真是个好故事。

Very good story.

非常好。

Very

好。

good.