美国国家公共电台 NPR Cases Pulled For Refusing The Death Penalty, Attorney Sues To Get Them Back
时间：2019-01-17 作者：英语课 分类：2017年NPR美国国家公共电台5月
RACHEL MARTIN, HOST:
Now a legal dispute over the death penalty in Florida that's turned into a political standoff. The Florida Supreme 1 Court must decide whether Governor Rick Scott has the authority to remove cases from a state attorney who refuses to seek capital punishment. NPR's Debbie Elliott reports.
DEBBIE ELLIOTT, BYLINE 2: This case is about power and where it resides, with the locally elected prosecutor 3 in Orlando or in Tallahassee with the governor. When State Attorney Aramis Ayala, a Democrat 4, announced in March that she would no longer seek the death penalty in capital cases, Republican Governor Rick Scott took away 22 murder cases in her jurisdiction 5. Now Ayala is suing Scott to get them back. Ayala, who took office in January, is the first black elected prosecutor in Florida. She says she's decided 6 that the death penalty is broken and does not achieve justice.
ARAMIS AYALA: I have the freedom to make the decision and utilize 7 discretion 8 that is granted to me by the Constitution and the openness that the statute 9 allows. There is no statute that requires me to seek death.
ELLIOTT: Ayala says local prosecutors 10 make such judgment 11 calls all the time, including what charges to bring, what sentences to seek and whether to make plea deals. But one of the cases in question was the high-profile double murder of a pregnant woman and an Orlando police officer, the first case Governor Scott reassigned to a different state attorney. Ayala says he's overriding 12 her authority as a prosecutor.
AYALA: It's very clear that the governor is attacking the independence of the prosecutors. He does have power, but it's an overreach of his power.
ELLIOTT: Scott stands by his decision. He cites state law that gives the governor the ability to reassign cases for any, quote, "good and sufficient reason the governor determines that the ends of justice would be best served." Here's what Scott told the Florida Channel the day Ayala filed lawsuits 13 in both state and federal court.
(SOUNDBITE OF ARCHIVED RECORDING)
RICK SCOTT: Every citizen deserves a state attorney that's going to fully 14 prosecute 15 cases. And so I'm going to continue to review cases and make sure that, you know, we always think about the victim.
ELLIOTT: State Representative Bob Cortes, a Republican from suburban 16 Orlando, was among the first lawmakers to call for Governor Scott to remove Ayala from capital cases. He says she's stepping on the legislature's territory.
(SOUNDBITE OF ARCHIVED RECORDING)
BOB CORTES: By her dictating 17 that she's not going to follow what we have set in parameters 18 or law, she's actually rewriting the law. And that's the job reserved for the legislature.
ELLIOTT: And that's what the Florida House is arguing in a friend of the court brief filed with the Florida Supreme Court. Even Ayala's peers are siding with Governor Scott in a court filing. State Attorney Glenn Hess of Panama City is president of the Florida Prosecuting 19 Attorneys Association.
GLENN HESS: When you say I am not going to consider the death penalty in any case in my office, even though that is the law of the state of Florida, that is an abuse of discretion.
ELLIOTT: But more than two dozen prosecutors and judges from around the country are siding with Ayala and say prosecutorial 20 independence is at stake. Orlando Democrat Randolph Bracy is chair of the Florida Senate's Criminal Justice Committee. He says he doesn't necessarily agree with Ayala's position on the death penalty but affirms her right to make that call. Bracy says the governor's response sends a chilling message.
RANDOLPH BRACY: You've got the first black state attorney, and within a couple of months, she's removed from certain cases. I mean, I think there are a lot of people of color who take offense 21 to how this was done.
ELLIOTT: Bracy says Ayala should be accountable to central Florida voters, not the governor. At issue is where a prosecutor's power begins and ends, according to Florida State University law professor Sandy D'Alemberte, a former president of the American Bar Association. He favors State Attorney Ayala in this fight.
SANDY D'ALEMBERTE: Where's the governor's power to displace the judgement of a prosecutor who's an elected prosecutor? In my opinion, honorable Governor Scott has gone beyond the scope of his power.
ELLIOTT: As the Florida Supreme Court takes up the issue, Ayala is facing political fallout as well. Lawmakers are planning to cut more than a million dollars and 21 jobs from Ayala's budget.
Debbie Elliott, NPR News, Tallahassee.
- 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。
- 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。
- The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
- The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。
- The Democrat and the Public criticized each other.民主党人和共和党人互相攻击。
- About two years later,he was defeated by Democrat Jimmy Carter.大约两年后，他被民主党人杰米卡特击败。
- It doesn't lie within my jurisdiction to set you free.我无权将你释放。
- Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
- This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
- There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
- The cook will utilize the leftover ham bone to make soup.厨师要用吃剩的猪腿骨做汤。
- You must utilize all available resources.你必须利用一切可以得到的资源。
- You must show discretion in choosing your friend.你择友时必须慎重。
- Please use your best discretion to handle the matter.请慎重处理此事。
- Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
- The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。
- In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
- You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。
- The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
- He's a man of excellent judgment.他眼力过人。
- Development is of overriding importance. 发展是硬道理
- My overriding concern is to raise the standards of state education. 我最关心的是提高国民教育水平。
- Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
- I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句
- The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。
- They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。
- I am trying my best to prosecute my duties.我正在尽力履行我的职责。
- Is there enough evidence to prosecute?有没有起诉的足够证据？
- Suburban shopping centers were springing up all over America. 效区的商业中心在美国如雨后春笋般地兴起。
- There's a lot of good things about suburban living.郊区生活是有许多优点。
- The manager was dictating a letter to the secretary. 经理在向秘书口授信稿。 来自辞典例句
- Her face is impassive as she listens to Miller dictating the warrant for her arrest. 她毫无表情地在听米勒口述拘留她的证书。 来自辞典例句
- We have to work within the parameters of time. 我们的工作受时间所限。
- See parameters.cpp for a compilable example. This is part of the Spirit distribution. 可编译例子见parameters.cpp.这是Spirit分发包的组成部分。
- The witness was cross-examined by the prosecuting counsel. 证人接受控方律师的盘问。
- Every point made by the prosecuting attorney was telling. 检查官提出的每一点都是有力的。
- If prosecutorial misconduct results in a mistrial, a later prosecution may be barred. 如果检察官的不轨行为导致审判无效，再行起诉可能会被除数禁止。 来自口语例句
- Prosecutorial supervision is required according to public power attribution of civil litigation. 民事诉讼的个性和检察监督是对立统一的关系，并不排斥检察监督。