Criminal Law

Download e-book for kindle: Back from the Dead: Wrongful Convictions and Criminal by Jiahong He

By Jiahong He

ISBN-10: 0824856619

ISBN-13: 9780824856618

China's party-run courts have one of many maximum conviction premiums on the planet, with compelled confessions ultimate a significant characteristic. regardless of contemporary prohibitions on facts bought via coercion or torture, compelled confessions proceed to undermine the chinese language judicial process. Recounting a few harrowing situations of wrongful conviction, acclaimed felony student and novelist He Jiahong analyzes many difficulties in China's justice procedure. in a single such case, Teng Xingshan used to be convicted in 1988 and later accomplished for murdering his mistress, yet virtually six years later it was once came upon that the meant sufferer, Shi Xiaorong, was once nonetheless alive. In 2005, Teng's little ones submitted a criticism to the Hunan excessive People's courtroom, which then issued a revised judgment. In one other case, She Xianglin was once convicted of murdering his spouse in 1994 and used to be sentenced to demise, yet this sentence was once later commuted to 15 years' imprisonment. In 2005, She's spouse, presumed lifeless for over 11 years, "returned to life"; She used to be published from criminal weeks later, retried and located no longer guilty.

With riveting examples, the writer surveys the association and method of legal research, the lawyering method for legal safeguard, the general public prosecution approach, trial court cases, in addition to felony punishments and appeals. In doing so, He highlights the widespread explanations of wrongful convictions: investigators operating from pressured confessions to facts; improperly tight points in time for fixing legal situations; prejudicial number of facts; misinterpretation of clinical proof; endured use of torture to extract confessions; bowing to public opinion; nominal exams one of the police, prosecutors and the courts; the disorder of court docket trials; unlawfully prolonged custody with tunnel imaginative and prescient; and decreased sentencing in situations of doubt. the writer additionally presents up to date information regarding fresh alterations and reforms in addition to the various carrying on with demanding situations of the felony justice approach in China.

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Back from the Dead: Wrongful Convictions and Criminal Justice in China by Jiahong He

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