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The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Author : He Jiahong Publisher : University of Hawaii Press Page : 265 pages File Size : 44,8 Mb Release : 2016-03-31 Category : History ISBN : 9780824856656
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyses many problems in China's justice system.
Back from the Dead: A Landmark Ruling of Wrongful Conviction in China Penguin Specials by Jiahong He Pdf
In April 1994, the body of an unidentified woman is found in a local village pond. Suspicion falls on She Xianglin, the husband of a local woman reported missing months earlier. With such a high profile case in the balance and no other suspects, the police focus on the one thing that can clinch the case: a confession. She Xianglin is detained, convicted and imprisoned, and the case is closed with swift justice. But eleven years later when a mysterious woman claiming to be the wife of She Xianglin reappears, she sets into motion a series of events truly stranger than fiction. Back from the Dead tells the fascinating story of one of China's most notorious wrongful conviction cases. Well-written and engaging, the reader learns not just about the She Xianglin case, but about the Chinese legal system and Chinese culture as well. The lessons from the She Xianglin case—regarding police tunnel vision, the problems of false confessions, and how politics can affect justice—ring true not just in China, but in every legal system around the world. A must read for anyone interested in criminal justice and comparative law.' Mark Godsey Director, Rosenthal Institute for Justice/Ohio Innocence Project. Back from the Dead is both an intriguing tale of murder and a fascinating insight into the workings of China's criminal justice system. It serves as a vital reminder of the importance of safeguarding suspect rights. It is powerfully optimistic and life-affirming & bizarrely so!' Amber Marks, author of Headspace. 'Professor He Jiahong has provided us with a meticulously detailed account of both the legal and factual aspects of the wrongful detention, conviction and imprisonment of She Xianglin for a murder he did not commit. This was one of the infamous cases of miscarriage of justice where popular outrage forced a reconsideration of the administration of criminal justice in China, in particular the use of capital punishment. But, this story does much more than recite the terrible wrong done to an innocent man. Professor He's account of this case reminds us of the very human dimensions of the lives of people caught up in this case and in other cases like it. It brings home to us the many differing ways miscarriages of justice damage, even destroy, the lives of all those involved. Far from concluding that such a case is extraordinary, we are ultimately left with the very uncomfortable sense of how ordinary it might be for such miscarriages of justice to be produced by China's criminal justice system where incentives and pressures to 'solve' such cases are strong and institutional checks and balances are weak.' Sarah Biddulph Professor and Associate Director (China), Asian Law Centre, Melbourne Law School, The University of Melbourne
China and International Human Rights by Na Jiang Pdf
This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.
Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.
Do Exclusionary Rules Ensure a Fair Trial? by Sabine Gless,Thomas Richter Pdf
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Comparative Perspectives on Criminal Justice in China by Michael McConville Pdf
'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.
This book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions. "That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." The FBI was wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percent certainty about a fingerprint, when there is no such thing as a 100 percent match? Where is the quality control at the crime scenes and in the laboratories? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods? Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.
.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'
The Construction of Guilt in China by Yu Mou (Law teacher) Pdf
"Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Setting within a broad socio-legal context, this book outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author follows the investigative dossier in the criminal process - how it is constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony - as its focal point. It illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. This book will appeal to academics, researchers, policy advisors and practitioners working in the areas of criminal law, comparative criminal justice/criminology, as well as in Chinese studies"--
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
