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1、2022年考博英语-华东政法大学考试题库及全真模拟冲刺卷（附答案带详解）1. 单选题IV. Criminal LawTwo recent events have brought more attention to this problem. One involves the decision not to charge NBC anchor David Gregory with weapons law violations bearing a potential year-long sentence for brandishing a 30-round magazine (弹夹) (illeg
2、al in D.C.), despite the prosecutors statement that the on-air violation was clear; the other involves prosecutors rather enthusiastic efforts to prosecute Reddit (一个社会化新闻网站) founder Aaron Swartz for downloading academic journal articles from a closed database, prosecutorial efforts so enthusiastic
3、that Swartz committed suicide in the face of a potential 50-year sentence.Both cases have aroused criticism, and in Swartzs case even legislation designed to ensure that violating websites terms cannot be prosecuted as a crime. But the problem is much broader. Given the vast web of legislation and r
4、egulation that exists today, virtually any American is at risk of prosecution should a prosecutor decide that they are, in Robert Jacksons (原美国司法部长，后 任最高法院法官) words, a person “he should get.”As Tim Wu recounted in 2007, a popular game in the U.S. Attorneys office in the Southern District of New York
5、 was to name a famous person Mother Teresa (特蕾莎修女诺贝尔和平奖获得者), or John Lennon (约翰列侬披头士乐队成员) and decide how they could be prosecuted: “It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her. The crimes were not usually rape, murder, or other crimes
6、youd see on a TV show but rather the incredibly broad yet obscure crimes that populate the U.S. Code like a kind of jurisprudential minefield: Crimes like false statements (a felony, up to five years), obstructing the mails (five years), or false pretenses on the high seas (also five years). The tri
7、ck and the skill lay in finding the more obscure offenses that fit the character of the celebrity and carried the toughest sentences. The, result, however, was inevitable: prison time.”With so many more federal laws and regulations than were present in Jacksons day, the task for prosecutors of first
8、 choosing the man or woman and then pinning the crime on him or her has become much easier.The upshot of comment is that the proliferation of federal criminal statutes and regulations has reached the point that virtually every citizen, knowingly or not (usually not) is potentially at risk for prosec
9、ution. That is undoubtedly true, and the consequences are drastic and troubling.63. With the two examples in the 1st paragraph, the author wants to show that _.64. What is the problem the author thinks referred to in the 2nd paragraph?65. The game described by Tim Wu in the 3rd paragraph is _.66. Th
10、e above paragraphs show that the author is _ with the situation in the US.问题1选项A.brandishing magazine is not as serious as downloading thousands of academic articles.B.prosecutors have large discretion in prosecuting people.C.prosecutors in different places have different standard of prosecution.D.A
11、aron Swartz committed suicide because he did not want to be in the prison.问题2选项A.Lack of legislation for violating websites terms.B.Any American is at risk of prosecution.C.Too many legislation and regulation that exist today.D.Prosecutors discretion to charge individuals with crime amplified by hug
12、e number of laws.问题3选项A.used in some places to train junior prosecutorsB.finding out what crime Mother Teresa could commitC.finding out what crime John Lennon could commitD.ordinary crimes do not fit either Mother Teresa or John Lennon问题4选项A.satisfiedB.at a lossC.worriedD.concerned【答案】第1题:B第2题:D第3题:
13、D第4题:C【解析】63. 【试题答案】B【试题解析】推理判断题。第一段提到两个例子，第一是主播大卫格雷戈里在直播中有非法举动，但是检察官决定不起诉他，第二个例子是Reddit创始人艾伦斯沃茨，他从一个封闭的数据库中下载学术期刊文章，检察官决定起诉他，艾伦斯沃茨在面临可能50年监禁的情况下自杀了，结合第二段所提到的内容virtually any American is at risk of prosecution should a prosecutor decide that they are（事实上，只要检察官认定，任何美国人都有被起诉的风险）可知第一段所举的两个例子是想表明检察官在起诉人时
14、有很大的权利，很自由，选B选项“检察官在起诉人时有很大的自由裁量权”；A选项“炫耀杂志并不像下载成千上万的学术文章那么严肃”和C选项“不同地方的检察官有不同的起诉标准”原文未提及；D选项“艾伦斯沃茨自杀了，因为他不想待在监狱里”虽然原文提及，但是只是一个例子中的一个方面，并不能概括作者举两个例子的意图。因此B选项正确。64. 【试题答案】D【试题解析】推理判断题。根据题干定位到原文第二段Given the vast web of legislation and regulation that exists today, virtually any American is at risk of
15、prosecution should a prosecutor decide that they are（鉴于目前存在的庞大的法律法规网络，如果检察官认定，几乎任何美国人都有被起诉的风险）可知作者在这里想表明的问题是检察官在起诉人时有很大的权利，很自由，选D选项“检察官对被大量法律放大的犯罪指控个人的自由裁量权”，同时可知A选项“缺乏违反网站条款的法律”错误，原文提到了“存在的庞大的法律法规网络”，A选项和原文相悖；B选项“任何美国人都有被起诉的风险”以及C选项“现在有太多的立法和法规”并不是第二段提出的主要问题，第二段主要想强调检察官的权利。因此D选项正确。65. 【试题答案】D【试题解析】
16、推理判断题。根据题干关键字“Tim Wu”定位到原文第三段As Tim Wu recounted in 2007, a popular game in the U.S. Attorneys office in the Southern District of New York was to name a famous person Mother Teresa, or John Lennon and decide how they could be prosecuted: “It would then be up to the junior prosecutors to figure out a plaus
