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Citing Ohio ordinances that allow individuals to seek charges against someone they've

來源:焚題庫 [2021-05-24] 【

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    共享題干題Citing Ohio ordinances that allow individuals to seek charges against someone they've seen commit a crime, seven Euclid residents claim to have "witnessed" the encounter between Officer Michael Amiott and driver Richard Hubbard III by virtue of viewing a four- minute video on Facebook.Their unique argument has triggered discussion in the legal community about the role that “social media witnesses” could play in such cases.
      “It used to just be the police officer's word against the victim's word,” notes lead petitioner Richard T.Montgomery Ⅱ."Now, in the age of cellphone videos and social media, we as a community have the opportunity to participate in ensuring police accountability.,,
      The racially and economically diverse group scored its first victory in late December when a municipal judge responded to its request by requiring the Cuyahoga County prosecutor to investigate Amiott for felonious assault during the August 2017 traffic stop.
      The cellphone video, which has more than 11 million views on Facebook, shows the officer repeatedly punching Hubbard's head as the 25-year-old man lay in the street.Separate video from a police cruiser's dash cam shows Amiott wrestling Hubbard to the ground moments after he was ordered out of his car for a suspended driver 5s license.
      Amiott was fired two months later for excessive force.But in the majority-black city, emotions flared anew this October when he was rehired following an arbitrator's ruling in his favor.The ensuing outcry included the NAACP announcing a travel advisory to people of color who might be driving through Euclid.
      The legal issues raised by the citizens' petition and the prospect of witnesses via social media are largely untested.
      Cleveland attorney Rebecca Maurer, who wrote a popular blog about the "Serial” podcast’s recent focus on Cuyahoga County's criminal justice system, expects such witnesses might have to first establish that they were somehow personally affected before being allowed to initiate charges.
      “The judicial system relies on the idea of,‘standing’ to regulate the type of cases that go to court,” she said.“A judge who borrows from standing theory will want to know exactly why social media witnesses should initiate the case.Perhaps it's enough if the petitioners are local residents claiming a personal stake in the security of their community.”
      In his ruling referring the matter to the county prosecutor, Euclid Municipal Judge Patrick Gallagher did point out that the petitioners fail to claim any “personal knowledge of Mr.Hubbard's injuries.” Had they done so, he could have taken more drastic action, the judge seemed to imply.Under Ohio law, Gallagher also could have used the citizens' petition to circumvent the prosecutor's office and issue an arrest warrant for Amiott.
      Nearly a dozen other states also allow private citizens to initiate criminal charges  including Pennsylvania, New Hampshire, Maryland, Virginia, North Carolina, South Carolina, Georgia, Texas and Idaho.
      In all but one, however, the decision to actually file criminal charges is left to a prosecutor or grand jury.The exception is South Carolina, where police also have that power.
      Testimony from people claiming to have witnessed something via social media can be problematic, cautions Seth Stoughton, a University of South Carolina law professor and former officer, since video posted online, even unedited, often provides limited information about an event.
      “Beyond what they see directly in front of them, officers also rely on peripheral, aural and tactile information ...That doesn't always come across accurately, or at all, on video,” said Stoughton, who writes extensively about police regulation and use of force.By definition, he added, social media witnesses will always have such limitations.
      Some attorneys worry that the very community such individuals hope to protect could instead be negatively affected.Civil rights lawyer Maya Wiley, a former board chair of the NYC Civilian Complaint Review Board, an independent police oversight agency, warns of implicit bias in the criminal justice system that could favor a white social media witness over one of color.
     (選自《華盛頓郵報》2019年1月5日)
     

    單選題第1題What can we infer from the encounter between Amiott and Hubbard?

    A.Amiott is a policeman who maintains justice.

    B.Hubbard is a fugitive who has been caught by Amiott.

    C.Amiott used excessive force against Hubbard.

    D.Hubbard's friend recorded the whole process with his cellphone.

    參考答案:C

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    答案解析:推斷題。從文中的描述可知,Amiott與Hubbard之間的沖突主要是Amiott 在執(zhí)法時對Hubbard過度使用了武力,故正確答案為C。


     

    單選題第2題The citizen's petition caused lawyers, concern over______.

    A.the role of cellphone videos on all kinds of platforms in such cases

    B.the role of the people who witness something via social media in such cases

    C.the role of the people who recorded those cellphone videos in such cases

    D.the role of the legal community in such cases

    參考答案:B

    登錄查看解析 進入題庫練習

    答案解析:細節(jié)題。通過題干關鍵詞鎖定第1段第2句,這次公民請愿書在法律界引發(fā)討論,即“社交媒體證人”在此類案件中可能扮演什么角色,故正確答案為B。


     

    單選題第3題Which of the following statements is NOT true according to Richard T.Montgomery Ⅱ?

    A.In the past, there is only policemen’s word against the victims’.

    B.Now ordinary people can supervise police through social media.

    C.Besides the policeman and the victim's word, there is social media witnesses' word now.

    D.Now ordinary people can have law enforcement other than the police.

    參考答案:D

    登錄查看解析 進入題庫練習

    答案解析:推斷題。第2段引用了 Richard T.Montgomery Ⅱ的觀點,過去只有警察反駁 受害者的證詞,如今有了社交媒體的監(jiān)督功能,普通人也可以參與監(jiān)督,以確保警察的責任,但沒有說普通人可以越過警察執(zhí)法,故正確答案為D。


     

    單選題第4題The video taken by police’s cam showed Amiott ordered Hubbard get off his car because______.

    A.his driver's license had been suspended

    B.he drove over the speed limit

    C.he is from a racially and economically diverse group

    D.he refused to show his driver's license

    參考答案:A

    登錄查看解析 進入題庫練習

    答案解析:細節(jié)題。第4段最后一句,警察是因為Hubbard的駕照被吊銷而命令他下車,故正確答案為A。


     

    單選題第5題Why people got furious again in Euclid according to Paragraph 5?

    A.Because they thought the arbitrator^ verdict was unfair.

    B.Because Amiott was employed as a police officer once more.

    C.Because they wanted to warn travelers of color to Euclid.

    D.Because the police officer was released by the judge.

    參考答案:B

    登錄查看解析 進入題庫練習

    答案解析:細節(jié)題。第5段第2句,由于仲裁員做出了對Amiott有利的裁決,Amiott又被返聘,這一結果讓這個黑人居多的城市里的人們的情緒再度高漲,故正確答案為B。注意Amiott被返聘是讓人們憤怒的直接原因,有利裁決是返聘的前提,不可誤


     

    單選題第6題The purpose of Paragraph 6 is to ______.

    A.shift the focus from the facts to opinions

    B.start a totally new topic

    C.make a conclusion of what have been talked

    D.provide evidence to the former opinions

    參考答案:A

    登錄查看解析 進入題庫練習

    答案解析:推斷題。第6段話峰一轉,討論重點從前文討論的事件本身,轉移到各方對 該問題的看法,故正確答案為A。

     

    單選題第7題The word "drastic” underlined in Para.9 is synonymous with______.

    A.violent

    B.dramatic

    C.severe

    D.difficult

    參考答案:C

    登錄查看解析 進入題庫練習

    答案解析:語義題。drastic意為“嚴厲的”,與severe意思相近,故正確答案為C。



       
     

    單選題第8題According to Seth Stoughton, officer’s judgment is based on the following factors EXCEPT______.

    A.information from the surroundings

    B.aural and visual information

    C.tangible information

    D.the opinions from the witnesses

    參考答案:D

    登錄查看解析 進入題庫練習

    答案解析:推斷題。第13段第1句,Stoughton提到官員對案情的判斷除了依據(jù)視頻上呈現(xiàn)的視覺信息外,還依據(jù)周邊、聽覺和觸覺信息等,而非目擊證人的觀點,故正確答案為D。


     

    單選題第9題What's Maya Wiley's worry, according to Paragraph 14?

    A.The judicial system tends to believe the white social media witness more.

    B.The judicial system tends to believe the social media witness of color more.

    C.The society has a bias toward the criminal justice system.

    D.Some people may cause negative impact on the community deliberately.

    參考答案:A

    登錄查看解析 進入題庫練習

    答案解析:細節(jié)題。第14段最后一句指出,Maya Wiley警告稱刑事司法體系存在隱形的偏見,他們可能會認為白人社交媒體證人的證詞更可信,故正確答案為A。


     

    單選題第10題The most proper title for this passage is ______.

    A.Citizen's Petition Against a White Policeman

    B.The Power of Social Media Over Legal Community

    C.Social Media "Witnesses” Raise Questions for Legal System

    D.Social Media "Witnesses" Are Not Acceptable

    參考答案:C

    登錄查看解析 進入題庫練習

    答案解析:主旨題。全文從社交媒體證人提起訴訟的事件說起,討論了該行為給司法 系統(tǒng)帶來的問題,故正確答案為C。


     

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