问题 单项选择题

古罗马《民法大全》规定:“不得基于怀疑而惩罚任何人……与其判处无罪之人,不如容许罪犯逃脱惩罚。”这反映了罗马法()

A.主张无证据不定罪

B.主张重罪轻罚

C.还保留了一些野蛮的习惯法

D.维护贵族利益

答案

参考答案:A

解析:罗马法规定,定罪不能基于怀疑,而要建立在实实在在的证据上,所以选A。B项说法与材料不符,材料主张重视证据的作用;C项未体现;D项说法是正确的,材料也未体现。考点:罗马法点评:罗马法是历次考试的重点内容。最容易考的部分还是罗马法的影响。罗马法的一些基本的精神如陪审制度、法律面前人人平等的原则、被保护人制度等到现在依然采用。罗马法以《十二铜表法》为开端,以《查士丁尼民法大全》作为完备阶段,罗马法在维护罗马的统治方面发挥了积极地作用,同时对后世留下了宝贵的精神财富。罗马法的影响如罗陪审制度、律师制度等对现在影响深远。

单项选择题

Western juries have traditionally found eyewitness testimony to be the most convincing evidence in criminal trials. Seeing is believing, as the saying goes. In numerous cases, when witnesses pointed to the defendant, his or her fate was sealed. But how reliable is eyewitness testimony Recent cases have suggested that despite our best intentions, we may unwittingly distort what we perceive.
Artists and psychologists have long known that "seeing" is not a simple matter of recording visual input. People perceive the exterior world through a complex matrix of cultural expectations, personality traits, moods and life experiences. For example, researchers tested the cultural influence on perception by showing a set of optical illusions to various groups, and found that different groups responded in divergent ways. Accustomed to and inundated by perpendicular structures, Western Europeans succumbed easily to illusions based on rectangular lines. On the other hand, the Zulu people of South Africa, whose environment had been comprised almost entirely of circular forms (round houses, doors, etc.) did not fall prey to those linear illusions.
Cultural expectations also influence the selectivity of our seeing. The amount of visual information that exists far exceeds our ability to process it, so we must filter that sensory input into recognizable images. In looking at a face, we do not see elongated ovals set in complex shadows and shading, we see eyes. And that filtering process is informed by what we perceive to be significant, which is influenced by cultural norms. Some cultures may emphasize differences in hair color or texture, others the shape of a nose or mouth, others the set of the eyes.
But it is not only group expectations that color what we see, personality and mood fluctuation can also alter our perceptions. Orderly minds who shun ambiguity will see an off- center image as firmly fixed in the center. The same photograph of four young men allows for shifting interpretations based on our current feeling: a mood of happiness reveals boys enjoying a relaxing day, while anxiety changes the picture to students worrying about exams.
In addition, numerous more prosaic factors affect our ability to record an image accurately. Duration of the encounter, proximity to the subject, lighting, and angle all affect our ability to see, and even stress may further undermine the accuracy of our perceptions.
What will this mean for criminal trials Juries have often been reluctant to convict without eyewitness identification. Blood samples, fingerprints, and the like do not resonate as deeply with juries as does direct testimony, and frequently require understanding of complex scientific technicalities. But as confidence in eyewitness testimony wanes, such circumstantial evidence may someday replace visual identification as the lynchpin of criminal trials.

Which of the following statements is true

A.Circumstantial evidence is superior to eyewitness testimony in the field of law.

B.Circumstantial evidence may someday replace visual identification in criminal trials.

C.Juries should be comprised of people of the same background.

D.Juries should regard visual identification as the lynchpin of criminal trials.

问答题 简答题