问题 不定项选择

甲因强 * * 未遂曾被判处5年有期徒刑, 1994年12月释放后经商。1997年11月2日,甲非法倒卖的拼装汽车被技术监督部门扣押,要求缴纳罚款后返还其按废旧钢铁处理。第二天晚上,甲认为车是自己的,就携带尖刀、钳子,潜入技术监督局,试图将自己的汽车取回。当甲正在用工具撬车门时,被值班人员乙发现。在值班人员来抓他时,甲用尖刀刺伤了值班人员乙,致其轻伤。第三天,甲因事外出,在路上偶然碰到刚从医院就诊出来的乙。乙一下就认出甲,准备报警抓甲。甲为逃跑,朝乙的肺部猛刺一刀。乙受重伤而昏厥,甲怀疑乙已经死亡,将其推到路旁的河中。乙因河中水温很低,顿时苏醒,在河中挣扎呼救,但甲置之不理,周围也无人救援,乙因而溺死。

对甲的法定量刑情节说法正确的有:

A.成立累犯

B.不成立累犯

C.结果加重犯

D.转化犯

答案

参考答案:A

解析:根据最高人民法院1997年9月25日作出的《关于适用刑法时间效力规定若干问题的解释》的规定,前罪判处的刑罚已经执行完毕或者赦免,在1997年9月30日以前又犯应当判处有期徒刑以上刑罚之罪,是否构成累犯,适用修订前的刑法第61条的规定;1997年10月1日以后又犯应当判处有期徒刑以上刑罚之罪的,是否构成累犯,适用刑法第65条的规定。转化犯是关于犯罪认定的理论认识,不是法定量刑情形。

单项选择题
阅读理解

In a room at Texas Children Cancer Center in Houston, eight-year-old Simran Jatar lay in bed with a drip (点滴) above her to fight her bone cancer. Over her bald (秃的) head, she wore a pink hat that matched her clothes. But the third grader’s cheery dressing didn’t mask her pain and weary eyes.

Then a visitor showed up. “Do you want to write a song?” asked Anita Kruse, 49, rolling a cart equipped with an electronic keyboard, a microphone and speakers. Simran stared. “Have you ever written a poem?” Anita Kruse continued. “Well, yes,” Simran said.

Within minutes, Simran was reading her poem into the microphone. “Some bird soaring through the sky,” she said softly. “Imagination in its head…” Anita Kruse added piano music, a few warbling (鸣, 唱) birds, and finally the girl’s voice. Thirty minutes later, she presented Simran with a CD of her first recorded song.

That was the beginning of Anita Kruse’s project, Purple Songs Can Fly, one that has helped more than 125 young patients write and record songs. As a composer and pianist who had performed at the hospital, Kruse said that the idea of how she could help “came in one flash”.

The effect on the kids has been great. One teenage girl, curling (蜷缩) in pain in her wheelchair, stood unaided to dance to a hip-hop song she had written. A 12-year-old boy with Hodgkin’s disease who rarely spoke surprised his doctors with a song he called I Can Make It.

“My time with the kids is heartbreaking because of the severity of their illnesses,” says Anita Kruse. “But they also make you happy, when the children are smiling, excited to share their CD with their families.”

Simran is now an active sixth grader and cancer-free. From time to time, she and her mother listen to her song, Always Remembering, and they always remember the “really sweet and nice and loving” lady who gave them a shining moment in the dark hour.

小题1:Simran Jatar lay in bed in hospital because ______.

A.most of her hair had fallen out

B.she was receiving treatment for cancer

C.she felt depressed and quit from school

D.she was suffering from a pain in her back小题2:What do we know about Anita Kruse’s project?

A.It helps young patients record songs.

B.It is supported by singers and patients.

C.It aims to replace the medical treatment.

D.It offers patients chances to realize their dreams.小题3:What does the case of a 12-year-old boy suggest?

A.Most children are naturally fond of music.

B.He was brave enough to put up performance.

C.The project has positive effect on young patients.

D.Singing is the best way to treat some illnesses.小题4:What is probably the best title for the passage?

A.Purple Songs Can Fly

B.Singing Can Improve Health

C.A Shining Moment in Life

D.A Kind Woman—Anita Kruse