问答题 Acting recently as an expert witness in a murder trial, I became aware of a small legal problem caused by the increasingly multicultural nature of our society. According to English law, a man is guilty of murder if he kills someone with the intention either to kill or to injure seriously. But he is guilty of the lesser crime of manslaughter if he has been sufficiently provoked or if his state of mind at that time was abnormal enough to reduce his responsibility. The legal test here is a comparison with the supposed ordinary man—the man on the Clapham omnibus, as the legal Cliché has it. Would that ordinary person feel provoked under similar circumstances? Was the accused's state of mind at the time of the killing very different from that of an average man?

【正确答案】最近,我以专家证人的身份出席了一场谋杀案的审判,由此注意到一个由社会本质日益多元化造成的细微法律问题。英国法律规定,公民若有杀害或者严重伤害他人的动机并致其死亡的,裁定为谋杀罪。但如若事发时,被告人受到了过度挑衅或其精神处于非正常状态,则可以减为过失杀人罪。这个法律鉴定以正常人也就是法律陈词中所假定的普通人为比较依据。那么,在类似的情况下,那些所谓的普通人会被激怒吗?事发时被告的精神状态是否与正常人迥然有异呢?
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