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Citing Ohio ordinances that allow individuals to seek charges against someone they’ve seen commit

来源:焚题库 [2022-03-08] 【

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    共享题干题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’s 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.
     (选自《华盛顿邮报》2019年1月5日)
     

    单选题第1题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.

    参考答案:C

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    答案解析:推断题。从文中的描述可知,Amiott与Hubbard之间的冲突主要是Amiott在执法时对Hubbard过度使用了武力,故正确答案为C。

     

    单选题第2题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

    参考答案:B

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    答案解析:细节题。通过题干关键词锁定第1段第2句,这次公民请愿书在法律界引发讨论,即“社交媒体证人”在此类案件中可能扮演什么角色,故正确答案为B。

     

    单选题第3题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.

    参考答案:D

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    答案解析:推断题。第2段引用了Richard T.Montgomery Ⅱ的观点,过去只有警察反驳受害者的证词,如今有了社交媒体的监督功能,普通人也可以参与监督,以确保警察的责任,但没有说普通人可以越过警察执法,故正确答案为D。

     

    单选题第4题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

    参考答案:A

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    答案解析:细节题。第4段最后一句,警察是因为Hubbard的驾照被吊销而命令他下车,故正确答案为A。

     

    单选题第5题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.

    参考答案:B

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    答案解析:细节题。第5段第2句,由于仲裁员做出了对Amiott有利的裁决,Amiott又被返聘,这一结果让这个黑人居多的城市里的人们的情绪再度高涨,故正确答案为B。注意Amiott被返聘是让人们愤怒的直接原因,有利裁决是返聘的前提,不可误解。

     

    单选题第6题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

    参考答案:A

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    答案解析:推断题。第6段话峰一转,讨论重点从前文讨论的事件本身,转移到各方对该问题的看法,故正确答案为A。

     

    单选题第7题The word “drastic” underlined in Para.9 is synonymous with().
     

    A.violent

    B.dramatic

    C.severe

    D.difficult

    参考答案:C

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    答案解析:语义题。drastic意为“严厉的”,与severe意思相近,故正确答案为C。

     

    单选题第8题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

    参考答案:D

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    答案解析:推断题。第13段第1句,Stoughton提到官员对案情的判断除了依据视频上呈现的视觉信息外,还依据周边、听觉和触觉信息等,而非目击证人的观点,故正确答案为D。

     

    单选题第9题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.

    参考答案:A

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    答案解析:细节题。第14段最后一句指出,Maya Wiley警告称刑事司法体系存在隐形的偏见,他们可能会认为白人社交媒体证人的证词更可信,故正确答案为A。

     

    单选题第10题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

    参考答案:C

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    答案解析:主旨题。全文从社交媒体证人提起诉讼的事件说起,讨论了该行为给司法系统带来的问题,故正确答案为C。
     

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