美国国家公共电台 NPR Cases Pulled For Refusing The Death Penalty, Attorney Sues To Get Them Back

 

RACHEL MARTIN, HOST:

Now a legal dispute over the death penalty in Florida that's turned into a political standoff. The Florida Supreme¹ Court must decide whether Governor Rick Scott has the authority to remove cases from a state attorney who refuses to seek capital punishment. NPR's Debbie Elliott reports.

DEBBIE ELLIOTT, BYLINE²: This case is about power and where it resides, with the locally elected prosecutor³ in Orlando or in Tallahassee with the governor. When State Attorney Aramis Ayala, a Democrat⁴, announced in March that she would no longer seek the death penalty in capital cases, Republican Governor Rick Scott took away 22 murder cases in her jurisdiction⁵. Now Ayala is suing Scott to get them back. Ayala, who took office in January, is the first black elected prosecutor in Florida. She says she's decided⁶ that the death penalty is broken and does not achieve justice.

ARAMIS AYALA: I have the freedom to make the decision and utilize⁷ discretion⁸ that is granted to me by the Constitution and the openness that the statute⁹ allows. There is no statute that requires me to seek death.

ELLIOTT: Ayala says local prosecutors¹⁰ make such judgment¹¹ calls all the time, including what charges to bring, what sentences to seek and whether to make plea deals. But one of the cases in question was the high-profile double murder of a pregnant woman and an Orlando police officer, the first case Governor Scott reassigned to a different state attorney. Ayala says he's overriding¹² her authority as a prosecutor.

AYALA: It's very clear that the governor is attacking the independence of the prosecutors. He does have power, but it's an overreach of his power.

ELLIOTT: Scott stands by his decision. He cites state law that gives the governor the ability to reassign cases for any, quote, "good and sufficient reason the governor determines that the ends of justice would be best served." Here's what Scott told the Florida Channel the day Ayala filed lawsuits¹³ in both state and federal court.

(SOUNDBITE OF ARCHIVED RECORDING)

RICK SCOTT: Every citizen deserves a state attorney that's going to fully¹⁴ prosecute¹⁵ cases. And so I'm going to continue to review cases and make sure that, you know, we always think about the victim.

ELLIOTT: State Representative Bob Cortes, a Republican from suburban¹⁶ Orlando, was among the first lawmakers to call for Governor Scott to remove Ayala from capital cases. He says she's stepping on the legislature's territory.

(SOUNDBITE OF ARCHIVED RECORDING)

BOB CORTES: By her dictating¹⁷ that she's not going to follow what we have set in parameters¹⁸ or law, she's actually rewriting the law. And that's the job reserved for the legislature.

ELLIOTT: And that's what the Florida House is arguing in a friend of the court brief filed with the Florida Supreme Court. Even Ayala's peers are siding with Governor Scott in a court filing. State Attorney Glenn Hess of Panama City is president of the Florida Prosecuting¹⁹ Attorneys Association.

GLENN HESS: When you say I am not going to consider the death penalty in any case in my office, even though that is the law of the state of Florida, that is an abuse of discretion.

ELLIOTT: But more than two dozen prosecutors and judges from around the country are siding with Ayala and say prosecutorial²⁰ independence is at stake. Orlando Democrat Randolph Bracy is chair of the Florida Senate's Criminal Justice Committee. He says he doesn't necessarily agree with Ayala's position on the death penalty but affirms her right to make that call. Bracy says the governor's response sends a chilling message.

RANDOLPH BRACY: You've got the first black state attorney, and within a couple of months, she's removed from certain cases. I mean, I think there are a lot of people of color who take offense²¹ to how this was done.

ELLIOTT: Bracy says Ayala should be accountable to central Florida voters, not the governor. At issue is where a prosecutor's power begins and ends, according to Florida State University law professor Sandy D'Alemberte, a former president of the American Bar Association. He favors State Attorney Ayala in this fight.

SANDY D'ALEMBERTE: Where's the governor's power to displace the judgement of a prosecutor who's an elected prosecutor? In my opinion, honorable Governor Scott has gone beyond the scope of his power.

ELLIOTT: As the Florida Supreme Court takes up the issue, Ayala is facing political fallout as well. Lawmakers are planning to cut more than a million dollars and 21 jobs from Ayala's budget.

Debbie Elliott, NPR News, Tallahassee.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

3 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

4 democrat   

n.民主主义者，民主人士；民主党党员

参考例句：

• The Democrat and the Public criticized each other.民主党人和共和党人互相攻击。
• About two years later,he was defeated by Democrat Jimmy Carter.大约两年后，他被民主党人杰米卡特击败。

5 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

6 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

7 utilize   

vt.使用，利用

参考例句：

• The cook will utilize the leftover ham bone to make soup.厨师要用吃剩的猪腿骨做汤。
• You must utilize all available resources.你必须利用一切可以得到的资源。

8 discretion   

n.谨慎；随意处理

参考例句：

• You must show discretion in choosing your friend.你择友时必须慎重。
• Please use your best discretion to handle the matter.请慎重处理此事。

9 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

10 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

11 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

12 overriding   

a.最主要的

参考例句：

• Development is of overriding importance. 发展是硬道理
• My overriding concern is to raise the standards of state education. 我最关心的是提高国民教育水平。

13 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

14 fully   

adv.完全地，全部地，彻底地；充分地

参考例句：

• The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。
• They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。

15 prosecute   

vt.告发；进行；vi.告发，起诉，作检察官

参考例句：

• I am trying my best to prosecute my duties.我正在尽力履行我的职责。
• Is there enough evidence to prosecute?有没有起诉的足够证据？

16 suburban   

adj.城郊的，在郊区的

参考例句：

• Suburban shopping centers were springing up all over America. 效区的商业中心在美国如雨后春笋般地兴起。
• There's a lot of good things about suburban living.郊区生活是有许多优点。

17 dictating   

v.大声讲或读( dictate的现在分词 )；口授；支配；摆布

参考例句：

• The manager was dictating a letter to the secretary. 经理在向秘书口授信稿。 来自辞典例句
• Her face is impassive as she listens to Miller dictating the warrant for her arrest. 她毫无表情地在听米勒口述拘留她的证书。 来自辞典例句

18 parameters   

因素，特征； 界限； （限定性的）因素( parameter的名词复数 )； 参量； 参项； 决定因素

参考例句：

• We have to work within the parameters of time. 我们的工作受时间所限。
• See parameters.cpp for a compilable example. This is part of the Spirit distribution. 可编译例子见parameters.cpp.这是Spirit分发包的组成部分。

19 prosecuting   

检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师

参考例句：

• The witness was cross-examined by the prosecuting counsel. 证人接受控方律师的盘问。
• Every point made by the prosecuting attorney was telling. 检查官提出的每一点都是有力的。

20 prosecutorial   

公诉人的，原告的； 起诉的

参考例句：

• If prosecutorial misconduct results in a mistrial, a later prosecution may be barred. 如果检察官的不轨行为导致审判无效，再行起诉可能会被除数禁止。 来自口语例句
• Prosecutorial supervision is required according to public power attribution of civil litigation. 民事诉讼的个性和检察监督是对立统一的关系，并不排斥检察监督。

21 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。