13中英文双语法学专业外文文献翻译成品：对刑法动机的挑战

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1、外文标题： The Challenge of Motive in the Criminal Law 外文作者： Elaine M. Chiut 文献出处： Buffalo Criminal Law Review  , 2005 , 8 (2) :653-729 英文 3187单词， 15897字符，中文 5194汉字。  此文档是外文翻译成品，无需调整复杂的格式哦！下载之后直接可用，方便快捷！  The Challenge of Motive in the Criminal Law Elaine M. Chiut Part I of the article joi

2、ns the evolving discussion of motive in the criminal law generally. To support the overall conclusion that motive should figure more prominently in the criminal law, part I proposes several novel ideas. First, although some other scholars are fixated with whether motive should be limited to determin

3、ations of either liability or punishment, this article proposes that decision makers should be free to consider motive when determining both. Second, part I explains that not all motives are the same. Indeed, motives such as selfdefense, insanity, and heat of passion clearly differ in terms of their

4、 provability and moral potency. While some may be more easily proven, others possess greater moral potency. Because of these critical differences, part I of this article proposes that motives which are easily proven and possess high moral potency be part of liability determinations while motives tha

5、t present proof problems or low moral potency be restricted to sentencing. Third, part I ends with a sweeping recommendation to reform the overall attitude about motive in the criminal law. Far from being irrelevant to the criminal law and unworkable, motive should be thought of as essential. The cr

6、iminal law should not limit itself to consideration of a few select motives; instead, it should welcome the challenge of incorporating defendants， various motives. With the freedom of multiple forums and the guidelines of provability and moral potency, an effective criminal law built around motive can be successfully developed. Part II then turns to the simple street sale and New Yorks agency defense and the intriguing lesson they offer for considerations of motive in the criminal law. Part II begins by ana