美国法庭双方律师在交叉质询证人时医生律师,会有法庭人员在场打印律师和证人对话内容医生律师,即听即打,不可更改,作为庭审记录存档在案。如下为几场交叉询问内容:
WITNESS: He said, ‘Where am I, Cathy?’
ATTORNEY: And why did that upset you?
WITNESS: My name is Susan!
律师:你早上听到你丈夫说的第一句话是什么?
证人:医生律师他说‘我在哪,cathy?’
律师:这有什么让你沮丧的吗?
证人:我的名字是susan!
ATTORNEY: What gear were you in at the moment of the impact?
WITNESS: Gucci sweats and Reeboks.
律师:碰撞发生时,你的车子在几档?
证人:我穿着GUCCI套衫,锐步鞋。
ATTORNEY: Are you sexually active?
WITNESS: No, I just lie there.
律师:你性生活活跃吗?(active:活跃,积极)
证人:不,我一般就躺在那里。
ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS: Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS: I forget.
ATTORNEY: You forget? Can you give us an example of something you forgot?
律师:这种头部肌肉松弛症,它会影响你的记忆力吗?
证人:会的
律师:那么它是以什么方式影响你的记忆力的呢?
证人:我忘了
律师:你忘了?那你能给我们举个你忘记事情的例子吗?
ATTORNEY: Now doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the next morning?
WITNESS: Did you actually pass the bar exam?
律师:那么,医生,是不是这样:一个人在睡眠中死去后,他知道第二天早上醒来才会发觉?
证人:你确实通过律师执业资格考试了吗?
ATTORNEY: The youngest son, the twenty-year-old, how old is he?
WITNESS: He’s twenty, much like your IQ.
律师:你最年轻的儿子,20岁的那个,他多大了?
证人:20,和你的智商一样
ATTORNEY: Were you present when your picture was taken?
WITNESS: Are you shitting me?
律师:你拍照的时候你在场吗?
证人:你开玩笑吗?
ATTORNEY: So the date of conception (of the baby) was August 8th?
WITNESS: Yes.
ATTORNEY: And what were you doing at that time?
WITNESS: getting laid
律师:那么,这个婴儿是在8月8日怀上的啦?
证人:正是
律师:当时你在干吗?
证人:打炮
ATTORNEY: She had three children, right?
WITNESS: Yes.
ATTORNEY: How many were boys?
WITNESS: None.
ATTORNEY: Were there any girls?
W ITNESS: Your Honor, I think I need a different attorney. Can I get a new attorney?
律师:她有三个孩子,对吗?
证人:是的
律师:有几个是男孩?
证人:没有男孩
律师:那有女孩吗?
证人:(对法官)庭上,我认为我需要个不这样的律师,能让我换个新律师吗?
ATTORNEY: How was your first marriage terminated?
WITNESS: By death.
ATTORNEY: And by whose death was it terminated?
WITNESS: Take a guess.
律师:你的第一次婚姻是怎么结束的?
证人:丧偶
律师:是哪个人的去世结束了这次婚姻呢?
证人:你猜
ATTORNEY: Can you describe the individual?
WITNESS: He was about medium height and had a beard.
ATTORNEY: Was this a male or a female?
WITNESS: Unless the Circus was in town I’m going with male.
律师:你能描述一下那个人吗?
证人:他中等个头,留着胡子
律师:他是男的还是女的?
证人: 除非有什么有意思的事,我觉得是个男的。
ATTORNEY: Doctor, how many of your autopsies have you performed on dead people?
WITNESS: All of them. The live ones put up too much of a fight.
律师:医生,你有多少次解剖是在死人身上进行的?
证人:所有都是,活人一般都忍不了。
ATTORNEY: ALL your responses MUST be oral, OK? What school did you go to?
WITNESS: Oral.
律师:你所有的答复必须都是口头的,明白了?你念的哪一所学校?
证人:口头的
ATTORNEY: Are you qualified to give a urine sample?
WITNESS: Are you qualified to ask that question?
律师:(本想问尿样合格了没?)你撒尿合格了吗?
证人:你问问题合格了吗?
And the best for last:
最后最牛的一个
ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?
WITNESS: No.
ATTORNEY: Did you check for blood pressure?
WITNESS: No.
ATTORNEY: Did you check for breathing?
WITNESS: No.
ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?
WITNESS: No.
ATTORNEY: How can you be so sure, Doctor?
WITNESS: Because his brain was sitting on my desk in a jar.
ATTORNEY: I see, but could the patient have still been alive, nevertheless?
WITNESS: Yes, it is possible that he could have been alive and practicing law.
律师:医生,你在解剖前,检查脉搏了吗?
证人:没有
律师:你检查血压了吗?
证人:没有
律师:你检查呼吸了吗?
证人:没有
律师:那么这就是说,当你开始进行解剖的时候,病人有可能还活着?
证人:不可能
律师:你怎么能这么肯定呢,医生?
证人:因为当时他的大脑在我操作台的罐子里装着
律师:我明白了,但不管怎样,有没有可能当时病人还活着呢?
证人:对,有可能,他本来能活下来而且当着律师呢。
来源:Civil Rights
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