|法律类文章精选：ENDING THE ROUNDUPS|
|http://www.sina.com.cn 2006/06/05 16:12 新东方|
4 ENDING THE ROUNDUPS
With Chicago's antiloitering law struck down, California is a model for how to fight street gangs
The image was riveting, as justice John Paul Stevens, a Chicago native, pr
The decision was a blow to advocates of get-tough crime policies. But in a widely noted concurring opinion, Justice Sandra Day O'Connor suggested that a less draconian approach--distinguishing gang members from innocent bystanders--might pass constitutional muster. New language could target loiterers "with no apparent purpose other than to establish control over identifiable areas, to intimidate others from entering those areas or to conceal illegal activities," she wrote. Chicago officials vowed to draft a new measure. "We will go back and correct it and then move forward," said Mayor Richard Daley.
Chicago officials, along with the League of Cities and 31 states that sided with them in court, might do well to look at one state where anti-gang loitering prosecutions have withstood constitutional challenges: California. The state has two antiloitering statutes on the books, aimed at people intending to commit specific crimes--prostitution and drug dealing. In addition, a number of local prosecutors are waging war against gangs by an innovative use of the public-nuisance laws.
In cities such as Los Angeles and San Jose, prosecutors have sought injunctions against groups of people suspected of gang activity. "The officers in the streets know the gang members and gather physical evidence for lengthy court hearings," says Los Angeles prosecutor Martin Vranicar. If the evidence is enough to convince a judge, an injunction is issued to prohibit specific behavior--such as carrying cell phones or pagers or blocking sidewalk passage--in defined geographical areas. "It works instantly," says San Jose city attorney Joan Gallo, who successfully defended the tactic before the California Supreme Court. "A few days after the injunctions, children are playing on streets where they never were before."
So far, only a few hundred gang members have been targeted, out of an estimated 150,000 in Los Angeles alone. But experts say last week's decision set the parameters for sharper measures. Says Harvard law professor Laurence Tribe: "It just means they have to use a scalpel rather than an invisible mallet."
注(1)：本文选自By Margot Hornblower/Los Angeles With reporting by Timothy Roche/Chicago and Andrea Sachs/New York Time; 06/21/99, Vol. 153 Issue 24, p55, 2/3p, 1bw
1.What does the author intend to illustrate with the example of the gang member and his father?
[A]How the antiloitering law works.
[B]How to maintain charming image.
[C]How tough the crime polices were.
[D]Why Chicago’s sweeping statute stroke down.
2.What can we infer from the first two paragraphs?
[A]Chicago’s antiloitering law shouldn’t be struck down.
[B]The cop was entitled to send the gangs away.
[C]Chicago officials yielded to the result of striking down the law.
[D]antiloitering law in Chicago was much too severe for the majority.
3.The third and fourth paragraphs suggest that ________.
[A]the League of Cities and 31 states should work with Chicago officials
[B]the injunctions in some cities brought back the safety on the street
[C]California successfully starts the battle against the gangs
[D]the police officers shoulder more responsibility than before
4.What does the author mean by “It just means they have to use a scalpel rather than an invisible mallet” (The Last Line, Paragraph 5)?
[A]The gang members should be given a get-tough attitude in the long run.
[B]The targeted gang members rather than all of them should be given a get-tough treatment.
[C] A scalpel can cut off the tumors of the society while the invisible mallet fails to.
[D]A scalpel is more powerful than the invisible mallet.
5.Which of the following is true according to the text?
[A]Chicago’s sweeping statute was struck down for its involving too many arrests.
[B]Chicago officials still maintained their get-tough crime policies.
[C]It was not safe for children to play on the street.
[D]California used a scalpel while other states used an invisible mallet to cope with the gangs.
loiter[5lCItE(r)]v.闲荡, 虚度, 徘徊
disperse [dI5sp\:s]v.(使)分散, (使)散开, 疏散
statute [5stAtju:t]n.法令, 条例
enforcement [In`fR:smEnt]n.执行, 强制
intimidate [In5tImIdeIt]v. 恐吓使胆怯；使害怕
innovative [`InEJveItIv]adj.创新的, 革新(主义)的
injunction [In5dVQNkF(E)n]n.命令, 指令, [律]禁令
parameter [pE5rAmItE(r)]n.参数, 参量, <口>起限定作用的因素
1.Chicago officials, along with the League of Cities and 31 states that sided with them in court, might do well to look at one state where anti-gang loitering prosecutions have withstood constitutional challenges: California.
主体结构：Chicago officials might do well to look at …
结构分析：“along with the League of Cities and 31 states”在句子中做伴随状语，其中that又引导定语从句进行修饰；主句中where又引导从句来修饰state。
1.答案为A，属推理判断题。文中对应信息“but under Chicago's anti-gang law, the cop must order them to disperse”,从第一段我们可以看出作者在介绍芝加哥的“禁止闲荡法令”是如何运做及被解除的。
2.答案为D，属推理判断题。第一段和第二段主要介绍芝加哥解除了“禁止闲荡法令”。从第一段“which had sparked 42,000 arrests in its three years of enforcement”，我们可以看出这一法令是非常严厉的；从第二段“But in a widely noted concurring opinion, Justice Sandra Day O'Connor suggested that a less draconian approach--distinguishing gang members from innocent bystanders--might pass constitutional muster.”我们可以看出一项较宽松的法令即将出台。从这些地方我们可做出判断。
4.答案为B，属推理判断题。这篇文章中存在对比：芝加哥的肃清法令“sparked 42,000 arrests in its three years of enforcement”，重在大范围的打击；加利福尼亚州“So far, only a few hundred gang members have been targeted, out of an estimated 150,000 in Los Angeles alone.”重在小范围的清除。
在洛杉矶和圣何塞这样的城市，检察官已要求对那些被怀疑有团伙犯罪行为的犯罪集团成员实行禁令。洛杉矶检察官马丁•弗拉尼卡说：“大街上巡逻的警察熟悉犯罪集团的成员，并为漫长的法庭审讯收集物证。” 如果证据能足以使法官信服，就会颁布禁令，在特定区域里禁止某些特定的行为—比如携带手机或寻呼机或阻碍行人通道。曾在加利福尼亚最高法庭上成功为泰迪公司(The Tactic)进行辩护的圣何塞市律师琼•加洛说：“这马上就奏效了。禁止令颁布几天之后，孩子们就开始在他们以前未去过的大街上玩耍了。”