您的位置: 一诺留学  >  考试中心 >  ACT考试 >  资料下载


时间:2016-01-13  / 编辑:Abby

  SOCIAL SCIENCE: This passage is adapted from Leonard W.

  Levy's Origins of the Fifth Amendment: The Right Against Self

  Incrimination. (©1968 by Clio Enterprises Inc.).

  Community courts and community justice pre-vailed in England at the time of the Norman Conquest

  [1066]. The legal system was ritualistic, dependent upon oaths at most stages of litigation, and permeated5 by both religious and superstitious notions. The pro-ceedings were oral, very personal, and highly confrontative. Juries were unknown. One party publicly"appealed," or accused, the other before the community meeting at which the presence of both was obligatory.10 To be absent meant risking fines and outlawry. After the preliminary statements of the parties, the court ren-dered judgment, not on the merits of the issue nor the question of guilt or innocence, but on the manner bywhich it should be resolved. Judgment in other words15 preceded trial because it was a decision on what form the trial should take. It might be by compurgation, byordeal, or, after the Norman Conquest, by battle.

  Excepting trial by battle, only one party was tried or,more accurately, was put to his "proof." Proof being

  20 regarded as an advantage, it was usually awarded to theaccused party; in effect he had the privilege of proving his own case.

  Trial by compurgation consisted of a sworn statement to the truth of one's claim or denial, supported by25 the oaths of a certain number of fellow swearers.Presumably they, no more than the claimant, would endanger their immortal souls by the sacrilege of falseswearing. Originally the oath-helpers swore from theirown knowledge to the truth of the party's claim.

  Later30 they became little more than character witnesses,swearing only to their belief that his oath was trust-worthy. If he rounded up the requisite number of com-purgators and the cumbrous swearing in very exactform proceeded without a mistake, he won his case. A35 mistake "burst" the oath, proving guilt.Ordeals were usually reserved for more seriouscrimes, for persons of bad reputation, for peasants, orfor those caught with stolen goods. As an invocation ofimmediate divine judgment, ordeals were consecrated

  40 by the Church and shrouded with solemn religious mys-ery. The accused underwent a physical trial in whichhe called upon God to witness his innocence by putting a miraculous sign upon his body. Cold water, boiling water, and hot iron were the principal ordeals, all of45 which the clergy administered. In the ordeal of coldwater, the accused was trussed up and cast into a pool to see whether he would sink or float. On the theory that water which had been sanctified by a priest would receive an innocent person but reject the guilty, inno-50 cence was proved by sinking—and hopefully a quicketrieval—guilt by floating. In the other ordeals, one had to plunge his hand into a cauldron of boiling wateror carry a red hot piece of iron for a certain distance, in the hope that three days later, when the bandages were

  55 removed, the priest would find a "clean" wound, onethat was healing free of infection. How deeply oneplunged his arm into the water, how heavy the iron orgreat the distance it was carried, depended mainly onthe gravity of the charge.

  60 The Normans brought to England still anotherordeal, trial by battle, paradigm of the adversary system, which gave to the legal concept of "defense" or"defendant" a physical meaning. Trial by battle was a savage yet sacred method of proof which was also

  65 thought to involve divine intercession on behalf of the righteous. Rather than let a wrongdoer triumph, God would presumably strengthen the arms of the party who had sworn truly to the justice of his cause. Right, not might, would therefore conquer. Trial by battle was

  70 originally available for the settlement of all disputesbut eventually was restricted to cases of serious crime.Whether one proved his case by compurgation,ordeal, or battle, the method was accusatory in char acter. There was always a definite and known accuser

  75 some private person who brought formal suit and openly confronted his antagonist. There was never any secrecy in the proceedings, which were the same forcriminal as for civil litigation. The judges, who had norole whatever in the making of the verdict, decided onl80 which party should be put to proof and what its form should be; thereafter the judges merely enforced an observance of the rules. The oaths that saturated the proceedings called upon God to witness to the truth ofthe respective claims of the parties, or the justice of85 their cause, or the reliability of their word. No one gave testimonial evidence nor was anyone questioned to test

  his veracity.


  Which of the following factors did all the trials discussed have in common?

  I. A definite and known accuser

  II. Secrecy

  III. Oaths and invocations of divine assistance

  A. I only

  B. II only

  C. I and II only

  D. I and III only


  【解析】The best answer is D. Line 74 supports option I; lines 76–77 contradict what is stated in option II (thus eliminating B and C as plausible choices); and lines 82–85 prove III. Given that both I and III are true, the best and most complete answer is D.

  以上是一诺留学小编给大家介绍的内容,希望可以帮助到同学们!同学们如果还有任何关于ACT的问题,可以拨打一诺留学的免费热线400-003-6508或者010-62680991进行咨询,或者点击一诺留学官方网站http://www.yinuoedu.net/页面的“在线咨询”与一诺留学专家直接对话。微信订阅号:留学圈 (微信帐号:yinuoliuxue )


只需3秒钟获知你的名校录取率    私人定制精准匹配    留学宝典免费送

*姓名: *电话: 性别:  男  女







硕博 | 本科 | MBA| 高中
英国| 加拿大| 香港

新加坡| 美国| 新西兰

托福| 雅思| GRE|
美国| 英国| 加拿大



版权所有@2012-2016    一诺留学网    京ICP备12034294号-1

联系电话:400-003-6508  010-62680991     传真:010-82483329     邮箱:service.bj@yinuoedu.net