Glossary entry

English term or phrase:

admit the enhancements, allegations and prior convictions

Chinese translation:

今次重犯的罪行

Added to glossary by David Lin
Jan 9, 2014 21:50
10 yrs ago
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English term

admit the enhancements, allegations and prior convictions

English to Chinese Law/Patents Law (general) Court Interpreting
On the Plea of Guilt/No Contest form, the first sentence goes:
"Of those charges now filed against me in this case, I please guilty to the following offenses and admit the enhancements, allegations and prior convictions as follows."

How do you translate the word "enhancement" into Chinese? Any suggestions? Thank you very much.
Change log

Jan 14, 2014 07:08: David Lin Created KOG entry

Proposed translations

13 hrs
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今次重犯的罪行

You might have already known about the meaning of ”enhancement“ in the California law, but just quote a couple for your quick reference:

Criminal enhancements increase the penalty for an existing crime by extending the sentencing range for that crime. For example, under current law a state jail felony carries a sentence of 180 days to two years. If a crime that is currently a state jail felony is increased by the legislature to the next level of criminal charge, a third degree felony, the sentence is two to ten years. Adding 8 years to a criminal sentence could cost the state $143,080 per inmate.

http://www.courts.ca.gov/cms/rules/index.cfm?title=four&link...

http://www.aclutx.org/strategic-campaigns/criminal-law-refor...

http://www.legalmatch.com/law-library/article/sentence-enhan...

Rule 4.427. Hate crimes
(a) Application
This rule is intended to assist judges in sentencing in felony hate crime cases. It applies to:

(1) Felony sentencing under section 422.7;
(2) Convictions of felonies with a hate crime enhancement under section 422.75; and
(3) Convictions of felonies that qualify as hate crimes under section 422.55.

If a hate crime enhancement is pled and proved, the punishment for a felony conviction must be enhanced under section 422.75 unless the conviction is sentenced as a felony under section 422.7.

至於 sentence enhancements 好像不配合原文語境,因為該表格要求的信息/資料不是關於判形, 而是關於罪行的重犯次數。

sentence enhancements 的解释如下:

In recent years, almost every state has adopted some form of “sentence enhancement” as a way to fight crime. These laws come under a variety of names including ”three strikes and you’re out,“ determinate sentencing laws, and repeat-offender enhancements. Regardless of the name, they all share one common feature: stiffer punishments for offenders committing the most serious crimes.

以下一個鏈接關於酒後駕駛 DUI -- Driving Under Influence (of alcohol) 的罪行,如果你承認控罪,法官可以 enhance sentencing 按罪行性質、以往的犯罪記錄來加重刑罰。

These sentencing enhancements increase the penalties for those who admit them and plead guilty to a DUI charge.

Sentencing enhancements may include whether you have prior convictions, were driving recklessly, were involved in an accident, caused bodily injuries, high speed, high blood alcohol content and the presence of children in your car at the time of arrest. Additional penalties for these sentence enhancements will most likely include jail custody, Work furlough, Public Work Service (PWS), community service, ignition interlock device, car impoundment.

The original form of Plea of Guilty - Felony is shown in this link. See page 2. https://scripps-cms.endplay.com/documents/10933/0/Bob Filner...

由於原文語境是被告承認控罪,並須列出所犯何罪、名稱及其性質,所以建議譯法如下:

(我承認以下的罪行, 並今次)重犯的罪行、指稱、以往的定罪如下:

供参考。
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39 mins

sentence enhancements

这里的enhancements应该就是指sentence enhancements。
参阅:
Sentence Enhancements Mean Harder Punishments
http://criminal.lawyers.com/Criminal-Law-Basics/Sentence-Enh...
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