There was a time when nearly all penalties were
pecuniary1. Men’s crimes were the prince’s
patrimony2; attempts against the public safety were an object of gain, and he whose function it was to defend it found his interest in seeing it
assailed3. The object of punishment was then a suit between the
treasury4, which exacted the penalty, and the criminal: it was a civil business, a private rather than a public dispute, which conferred upon the treasury other rights than those conferred upon it by the calls of the public defence, whilst it
inflicted5 upon the
offender6 other
grievances7 than those he had
incurred8 by the necessity of example. The judge was, therefore, an advocate for the treasury rather than an
impartial10 investigator11 of the truth, an agent for the
Chancellor12 of the
Exchequer13 rather than the protector and minister of the laws. But as in this system to confess a fault was the same thing as to confess oneself a
debtor14 to the treasury, that being the object of the criminal procedure in those days, so the
confession15 of a crime, and a confession so managed as to favour and not to hurt
fiscal16 interests, became and still
remains17 (effects always
outlasting18 their causes so long) the centre[241] point of all criminal procedure. Without such confession a criminal convicted by indubitable proofs will
incur9 a penalty less than the one legally attached to his crime; and without it he will escape torture for other crimes of the same sort which he may have committed. With it, on the other hand, the judge becomes master of a criminal’s person, to lacerate him by method and formality, in order to get from him as from so much stock all the profit he can. Given the fact of the crime as proved, confession affords a convincing proof; and, to make this proof still less open to doubt, it is forcibly exacted by the agonies and despair of physical pain; whilst at the same time a confession that is extra-judicial, that is tendered calmly and indifferently, and without the overpowering fears of a trial by torture, is held
insufficient19 for a verdict of
guilt20.
Inquiries21 and proofs, which throw light upon the fact, but which weaken the claims of the treasury, are excluded; nor is it out of consideration for his wretchedness and weakness that a criminal is sometimes spared from torture, but out of regard for the claims which this
entity22, now
mythical23 and inconceivable, might lose. The judge becomes the enemy of the accused, who stands in chains before him, the
prey24 of
misery25, of
torments26, and the most terrible future; he does not seek to find the truth of a fact, but to find the crime in the prisoner, trying to
entrap27 him, and thinking it to the loss of his own[242] credit if he fail to do so, and to the
detriment28 of that infallibility which men pretend to possess about everything. The evidence that
justifies29 a man’s
imprisonment30 rests with the judge; in order that a man may prove himself innocent, he must first be declared guilty: that is called an offensive
prosecution31; and such are criminal
proceedings32 in nearly every part of enlightened Europe, in the eighteenth century. The real prosecution, the
informative33 one—that is, the indifferent
inquiry34 into a fact, such as reason
enjoins35, such as military codes employ, and such as is used even by Asiatic despotism in trivial and unimportant cases—is of very
scant36 use in the tribunals of Europe. What a complex
maze37 of strange
absurdities38, doubtless incredible to a more fortunate
posterity39! Only the philosophers of that time will read in the nature of man the possible actuality of such a system as now exists.
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1
pecuniary
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adj.金钱的;金钱上的 |
参考例句: |
- She denies obtaining a pecuniary advantage by deception.她否认通过欺骗手段获得经济利益。
- She is so independent that she refused all pecuniary aid.她很独立,所以拒绝一切金钱上的资助。
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2
patrimony
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n.世袭财产,继承物 |
参考例句: |
- I left my parents' house,relinquished my estate and my patrimony.我离开了父母的家,放弃了我的房产和祖传财产。
- His grandfather left the patrimony to him.他的祖父把祖传的财物留给了他。
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3
assailed
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v.攻击( assail的过去式和过去分词 );困扰;质问;毅然应对 |
参考例句: |
- He was assailed with fierce blows to the head. 他的头遭到猛烈殴打。
- He has been assailed by bad breaks all these years. 这些年来他接二连三地倒霉。 来自《用法词典》
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4
treasury
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n.宝库;国库,金库;文库 |
参考例句: |
- The Treasury was opposed in principle to the proposals.财政部原则上反对这些提案。
- This book is a treasury of useful information.这本书是有价值的信息宝库。
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5
inflicted
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把…强加给,使承受,遭受( inflict的过去式和过去分词 ) |
参考例句: |
- They inflicted a humiliating defeat on the home team. 他们使主队吃了一场很没面子的败仗。
- Zoya heroically bore the torture that the Fascists inflicted upon her. 卓娅英勇地承受法西斯匪徒加在她身上的酷刑。
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6
offender
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n.冒犯者,违反者,犯罪者 |
参考例句: |
- They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。
- The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。
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7
grievances
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n.委屈( grievance的名词复数 );苦衷;不满;牢骚 |
参考例句: |
- The trade union leader spoke about the grievances of the workers. 工会领袖述说工人们的苦情。 来自《现代英汉综合大词典》
- He gave air to his grievances. 他申诉了他的冤情。 来自《简明英汉词典》
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8
incurred
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[医]招致的,遭受的; incur的过去式 |
参考例句: |
- She had incurred the wrath of her father by marrying without his consent 她未经父亲同意就结婚,使父亲震怒。
- We will reimburse any expenses incurred. 我们将付还所有相关费用。
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9
incur
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vt.招致,蒙受,遭遇 |
参考例句: |
- Any costs that you incur will be reimbursed in full.你的所有花费都将全额付还。
- An enterprise has to incur certain costs and expenses in order to stay in business.一个企业为了维持营业,就不得不承担一定的费用和开支。
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10
impartial
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adj.(in,to)公正的,无偏见的 |
参考例句: |
- He gave an impartial view of the state of affairs in Ireland.他对爱尔兰的事态发表了公正的看法。
- Careers officers offer impartial advice to all pupils.就业指导员向所有学生提供公正无私的建议。
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11
investigator
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n.研究者,调查者,审查者 |
参考例句: |
- He was a special investigator for the FBI.他是联邦调查局的特别调查员。
- The investigator was able to deduce the crime and find the criminal.调查者能够推出犯罪过程并锁定罪犯。
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12
chancellor
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n.(英)大臣;法官;(德、奥)总理;大学校长 |
参考例句: |
- They submitted their reports to the Chancellor yesterday.他们昨天向财政大臣递交了报告。
- He was regarded as the most successful Chancellor of modern times.他被认为是现代最成功的财政大臣。
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13
exchequer
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n.财政部;国库 |
参考例句: |
- In Britain the Chancellor of the Exchequer deals with taxes and government spending.英国的财政大臣负责税务和政府的开支。
- This resulted in a considerable loss to the exchequer.这使国库遭受了重大损失。
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14
debtor
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n.借方,债务人 |
参考例句: |
- He crowded the debtor for payment.他催逼负债人还债。
- The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
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15
confession
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n.自白,供认,承认 |
参考例句: |
- Her confession was simply tantamount to a casual explanation.她的自白简直等于一篇即席说明。
- The police used torture to extort a confession from him.警察对他用刑逼供。
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16
fiscal
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adj.财政的,会计的,国库的,国库岁入的 |
参考例句: |
- The increase of taxation is an important fiscal policy.增税是一项重要的财政政策。
- The government has two basic strategies of fiscal policy available.政府有两个可行的财政政策基本战略。
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17
remains
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n.剩余物,残留物;遗体,遗迹 |
参考例句: |
- He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
- The remains of the meal were fed to the dog.残羹剩饭喂狗了。
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19
insufficient
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adj.(for,of)不足的,不够的 |
参考例句: |
- There was insufficient evidence to convict him.没有足够证据给他定罪。
- In their day scientific knowledge was insufficient to settle the matter.在他们的时代,科学知识还不能足以解决这些问题。
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20
guilt
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n.犯罪;内疚;过失,罪责 |
参考例句: |
- She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
- Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。
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21
inquiries
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n.调查( inquiry的名词复数 );疑问;探究;打听 |
参考例句: |
- He was released on bail pending further inquiries. 他获得保释,等候进一步调查。
- I have failed to reach them by postal inquiries. 我未能通过邮政查询与他们取得联系。 来自《现代汉英综合大词典》
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22
entity
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n.实体,独立存在体,实际存在物 |
参考例句: |
- The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
- As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体,公司必须纳税。
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23
mythical
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adj.神话的;虚构的;想像的 |
参考例句: |
- Undeniably,he is a man of mythical status.不可否认,他是一个神话般的人物。
- Their wealth is merely mythical.他们的财富完全是虚构的。
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24
prey
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n.被掠食者,牺牲者,掠食;v.捕食,掠夺,折磨 |
参考例句: |
- Stronger animals prey on weaker ones.弱肉强食。
- The lion was hunting for its prey.狮子在寻找猎物。
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25
misery
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n.痛苦,苦恼,苦难;悲惨的境遇,贫苦 |
参考例句: |
- Business depression usually causes misery among the working class.商业不景气常使工薪阶层受苦。
- He has rescued me from the mire of misery.他把我从苦海里救了出来。
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26
torments
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(肉体或精神上的)折磨,痛苦( torment的名词复数 ); 造成痛苦的事物[人] |
参考例句: |
- He released me from my torments. 他解除了我的痛苦。
- He suffered torments from his aching teeth. 他牙痛得难受。
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27
entrap
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v.以网或陷阱捕捉,使陷入圈套 |
参考例句: |
- The police have been given extra powers to entrap drug traffickers.警方已经被进一步授权诱捕毒贩。
- He overturned the conviction,saying the defendant was entrapped.他声称被告是被诱骗的,从而推翻了有罪的判决。
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28
detriment
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n.损害;损害物,造成损害的根源 |
参考例句: |
- Smoking is a detriment to one's health.吸烟危害健康。
- His lack of education is a serious detriment to his career.他的未受教育对他的事业是一种严重的妨碍。
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29
justifies
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证明…有理( justify的第三人称单数 ); 为…辩护; 对…作出解释; 为…辩解(或辩护) |
参考例句: |
- Their frequency of use both justifies and requires the memorization. 频繁的使用需要记忆,也促进了记忆。 来自About Face 3交互设计精髓
- In my judgement the present end justifies the means. 照我的意见,只要目的正当,手段是可以不计较的。
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30
imprisonment
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n.关押,监禁,坐牢 |
参考例句: |
- His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
- He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。
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31
prosecution
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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。
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32
proceedings
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n.进程,过程,议程;诉讼(程序);公报 |
参考例句: |
- He was released on bail pending committal proceedings. 他交保获释正在候审。
- to initiate legal proceedings against sb 对某人提起诉讼
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33
informative
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adj.提供资料的,增进知识的 |
参考例句: |
- The adverts are not very informative.这些广告并没有包含太多有用信息。
- This intriguing book is both thoughtful and informative.这本引人入胜的书既有思想性又富知识性。
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34
inquiry
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n.打听,询问,调查,查问 |
参考例句: |
- Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
- The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。
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35
enjoins
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v.命令( enjoin的第三人称单数 ) |
参考例句: |
- Accordingly, Council enjoins concerned branch undertook nervous investigation, argumentation works further. 据此,国务院责成有关部门进一步进行了紧张的调查、论证工作。 来自互联网
- Humanity enjoins us to teach them agriculture and the domestic arts. 基于人道精神我们乃教导他们农业与持家之道。 来自互联网
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36
scant
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adj.不充分的,不足的;v.减缩,限制,忽略 |
参考例句: |
- Don't scant the butter when you make a cake.做糕饼时不要吝惜奶油。
- Many mothers pay scant attention to their own needs when their children are small.孩子们小的时候,许多母亲都忽视自己的需求。
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37
maze
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n.迷宫,八阵图,混乱,迷惑 |
参考例句: |
- He found his way through the complex maze of corridors.他穿过了迷宮一样的走廊。
- She was lost in the maze for several hours.一连几小时,她的头脑处于一片糊涂状态。
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38
absurdities
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n.极端无理性( absurdity的名词复数 );荒谬;谬论;荒谬的行为 |
参考例句: |
- She has a sharp eye for social absurdities, and compassion for the victims of social change. 她独具慧眼,能够看到社会上荒唐的事情,对于社会变革的受害者寄以同情。 来自辞典例句
- The absurdities he uttered at the dinner party landed his wife in an awkward situation. 他在宴会上讲的荒唐话使他太太陷入窘境。 来自辞典例句
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39
posterity
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n.后裔,子孙,后代 |
参考例句: |
- Few of his works will go down to posterity.他的作品没有几件会流传到后世。
- The names of those who died are recorded for posterity on a tablet at the back of the church.死者姓名都刻在教堂后面的一块石匾上以便后人铭记。
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