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The author briefly introduces the capital punishment of the United States, involving its history and its practical exe-cution of the capital punishment in the United States as well as some viewpoints of the American grassroots. The author also copes with its panoramic status quo and evolving tendency. 本文以美国俄勒冈州死刑制度为背景,介绍了美国死刑的制度的发展史、死刑制度的具体运作、普通美国人对死刑制度的看法与观点、全美死刑的概况以及美国死刑制度的发展趋势。 The year 2000 was one of the most important years in the history of United States death penalty. Whether examining death sentence, executions, or the size of death row, the death penalty in the U.S. has been in decline since 2000. Most jurisdictions reformed their death penalty system based on the fairness and morality of penalty. The Supreme Court barred the use of the capital punishment against the juvenile offenders and mentally retarded persons, some States declared the moratorium on executions, some States... The year 2000 was one of the most important years in the history of United States death penalty. Whether examining death sentence, executions, or the size of death row, the death penalty in the U.S. has been in decline since 2000. Most jurisdictions reformed their death penalty system based on the fairness and morality of penalty. The Supreme Court barred the use of the capital punishment against the juvenile offenders and mentally retarded persons, some States declared the moratorium on executions, some States provided additional protections for those defendants facing the death penalty through bettering due process. Of course, such reforms caused some debates. 2000年是美国死刑史上的重要转折点之一。自该年度以后,美国每年死刑判决、死刑执行、等待执行死刑人数以及公众对死刑的支持率一直都在下降。围绕死刑适用的公正性与人道性,美国各司法区进行了一系列改革,废除了未成年人和弱智者的死刑适用,暂停了一些州的死刑执行,通过不断完善死刑程序,重视新技术在死刑证据中的运用,降低死刑案件的错判率,加强了对被告人权利的保护。当然,这些改革均引起了一定争议。 The Sentencing Phase is a part with distinctive features in the procedures of American Capital cases, its distinctiveness lies in the independence of this Phase, as well as the evaluation of the jury's position in sentencing. In all the states that reserves Capital Penalty, the jury's position in Conviction phase is that same, that is, the jury alone can rule whether the accused is guilty in the Capital Cases. But these states vary a lot on this issue in the Sentencing phase, mainly in that whether the sentence... The Sentencing Phase is a part with distinctive features in the procedures of American Capital cases, its distinctiveness lies in the independence of this Phase, as well as the evaluation of the jury's position in sentencing. In all the states that reserves Capital Penalty, the jury's position in Conviction phase is that same, that is, the jury alone can rule whether the accused is guilty in the Capital Cases. But these states vary a lot on this issue in the Sentencing phase, mainly in that whether the sentence of the jury is a recommendation to the judge or an obligatory rule. After the Ring Case, the Supreme Court has established the jury's irreplaceable legal position in the sentencing, i.e., the aggravating circumstances should be confirmed by the jury, not by the judge. Ring Case is a milestone case in the history of American Capital Case sentencing system. This dissertation introduces in detail the background information of and legal controversy over this case, and completely analyzes its great influence on the judge-alone-sentencing states and mixed-procedured states, and the responses of the legislation. 林诉亚利桑那州案是美国死刑量刑制度中一个具有里程碑意义的重要判例,自该案之后,美国联邦最高法院确立了陪审团在量刑中的无可替代的法律地位,即量刑中加重情节必须由陪审团而不是法官加以认定。该案的背景情况以及法律争议在美国死刑程序中极具代表性,对法官独立量刑州以及混合程序州均产生了重大影响,立法机构也作出了积极的回应,其深远的影响将极大地改变美国死刑制度的未来发展。
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