(the writerLiu Guiming)Mr. Dershowitz again embarked on a China land.
As a professor USA Harvard University law school, as a practicing in New York private American contemporary lawyer,21Years ago, consulting Mr. Dershowitz who had been invited to participate in the relevant legislation in our country.
In USA make known to every family, he is a character.He has successfully handled the case of Simpson, the Tyson case, the secret of The Pentagon papers case, Clinton impeachment and America presidential selection and other famous cases and known as "the most successful in the history of USA criminal defense lawyers".At the same time, he is also a controversial influential man.He specializes in cases in which no one wants to, no one would dare to accept, and win1000Many cases.He is the focus on the government to America "confrontational", to "keep in attack" strategy, pay attention to handling skills, emphasizes to win.
Professor of law, he was the first to "New York Times" written comments, Professor of law, is also the first to appear frequently in the America medium.Because it is a law professor, more room for some wiggle him than general counsel, which can select their own client.In his own words, "if I want to, can accept I think is innocent or honest customer case.I choose to hear the case, regardless of whether the defendant was guilty, also do not see himself on his personal impression is good or bad, also does not consider the case in favor of the grasp of size."
This is called Dershowitz professors and lawyers, to Beijing to attend the "Sino American criminal trial practice senior seminar".
The general manager for Beijing law easy network limited wear sky Sir arrangements as translation, now, "the most successful criminal lawyer" sitting in front of us, sitting in the Beijing the Great Wall Hotel Coffee hall, ready to accept Chinese11Million lawyers greeting.
Q: first I represent China11Thousands of lawyers to say hello to you!
Answer: I also represent USA100Million lawyers, nice to meet you!
Q: Chinese lawyers know you are from my hands, this "the best defense" (Law Publishing) begin to understand the profound meaning of you, starting from the Simpson case to understand the wisdom of your unique.
A: Thank you.
Narrator: "the best defense" is a book published by the publishing house of law, in recent years the books reflecting America contemporary criminal lawyer business highlights the most practical.Dozens of cases the book collection of Dershowitz do case is the most controversial, influence surface is big.In the case of the principal has the murderer, also have to rely on to do the elderly a vampire, and bathing naked on a public beach people arrested, and kept the arrest of Soviet Jews, which is in favor of the case, but there are also losing cases.Dershowitz thinks, these court cases, either on his own, on the development of the law, or to the client, its significance is no less than successful case.
Dershowitz professor pointed out in the book: "high levels of deception is the most insidious corruption" in today's America judicial system, "America criminal law system is corrupt and unjust", "I have a special mission to expose American judicial corruption of the nature of a high-level swindlers".
Can say, this is a not only have a fascinating story plot, and a practical and effective handling skills.This is a lot of read the book outside the industry.
Ask:1980Years, the first time you access Chinese, once you are asked: "why the government to spend money to go to justify the destruction of the socialist legal system?"20Years later, I'm sure you won't encounter such problems.
Answer: this time, I found Chinese changed a lot, a lot of people have started to attach importance to safeguard their own rights and interests.This didn't see people ask this question.On the contrary, in USA, there are a lot of people are beginning to ask this question.Now, USA changes with China much the same,1980Is Carter when the president, and now the president is Bush.President Carter is focusing on the protection of individual rights, individual rights and obligations.
Narrator:1980Years, Dershowitz is often met in the Chinese question is "why the government to spend money for the destruction of the socialist legal system?"He tried to explain to them, judicial justice -- whether it is socialism, capitalism or any other species, is not only objective, but also a kind of program; in order to make the procedure justice carried out, all is accused of a crime must has the right to defend themselves.The defendant was born in intelligence and other aspects uneven, some good and some bad, their expression ability, logical thinking and eloquence differ greatly in.The defense lawyer -- they suffered in this specialized training -- will play a decisive role, to provide the help for the defendant.To determine whether a defendant to be convicted, should be punished, the government must provide evidence, and the defendant shall be fair defense.
Q: I have just mentioned, the case of Simpson, it has been referred to as a century of war, defense war, many Chinese through media witnessed it.But we have a question: the case should or could be done by Simpson, and the judgment result is not so.The lawyer who in this case played a role in what?
Answer: first of all I want to say is: the case of Simpson meaning than the recent presidential election USA is not very important.Some people think that: in the Simpson case, the jury decided whether guilty suspect free.Now the jury has gone, there will never be the jury.While the trial of the case5Supreme Court justices are doing justice, they can make Bush so not as president President, they're lying.
The Simpson case the jury may have some errors, but in Bush and the Gore case, the Supreme Court intentionally let Bush as president, this is a very serious problem.We America legal principle is rather10Personal escape the crime also can't let1Personal worth being wronged, let1Personal escape the crime and not what.Our criminal defense attorney's duty is to be honest with the client, not deliberately as he lies, perjury.My duty is to persuade the jury announced my client's innocence.The worst result is originally an innocent person is found guilty.
Narrator:In the "Sino American criminal trial practice senior seminar" on, Dershowitz told attendees(A judge has a lawyer)There are too many connections, judge and political, is a dangerous thing.
He said, AmericanTwo judicial system, namely, the federal and state.Many states are generated by the judge, federal judges are appointed by the president.So, the judge some fellow with the reign of George H. W. Bush appointed(This is the greatest gift he left his son), to some extent, the election of George W. Bush.Can say, USA Supreme Court is a political tendency.In the presidential election, all investment Bush ticket judges are appointed by the bush.Public opinion thinks, if Gore in the lead, the Supreme Court will probably agree Bush recount in florida.Therefore, the legal profession believe, is the Supreme Court rather than Bush won the presidential election.It is understood, the judge in the case Bush CIC presidential ticket, because some judges want to retire, but in America, the judge to retirement must be Republican wins to retreat, while the other judges that the judge retirement run for the position of the judge, so cast Bush ticket.Dershowitz pointed out, the presidential election has exposed the shortcomings USA judge system.
Q: now many people are concerned about possible presidential election case, and gradually forgotten Simpson case.But many Chinese lawyers are more concerned about the Simpson case, do not know how you look?
Answer: many people see the whole process of the case from the TV, the Simpson case is really great, another is the most difficult to accept the guilty one is free of the trial results.But we should also remember: America the jury is required, if the jury found the defendant is guilty, you must acquit him, because the guilty according to requirements higher than the guilty evidence.
I now explain to you in the Simpson case the jury sentenced innocent reason: in this case, the key basis for the jury to decide is the police fabricated evidence, that is as everyone knows the socks.The police said that night Simpson wore a pair of black blood stained socks, there he is with his wife.The key is socks on the blood has a chemical compositionEDTAThe human body, and is free of such components.The police will chemical composition to a blood test tube, and it is not wearing socks reagent in one's feet.If it is Simpson, then the blood should be two drops on the socks.His socks off, wet, then touched each other will be met, but there is a blood has dried, so may not appear on both sides of the blood the same situation, but the evidence is two police offer as like as two peas.Therefore, the jury found the police not found "a bloody socks but made with the blood of the socks, eventually changed their minds.Identification of experts is our Chinese Li Changyu, he is the most famous USA evidence identification authority.We have be nonplussed over sth., until he finds the way to this evidence, the jury has reason to suspect all the evidence provided by the police.If can forge a evidence, why could not forge all the evidence?So I think, the jury's decision is wise.So Simpson sentenced innocent because of evidence problems.As a lawyer, we just caught the problem of evidence, which has achieved a decisive victory.
Narrator:Dershowitz thinks, there is no a judge would think half he is innocent.Moreover, the prosecution evidence is enough to let the jury found him guilty.The problem is not that the jury half he is innocent, but it can't judge whether he is guilty.The members of the jury concluded, Simpson is about the implementation of the murder, but only "probably" is not a person to the end of life.The worst is the evidence of police and forgery in order to more favorable to the prosecution, which became a breakthrough defense attorney.
Q: Simpson case in criminal found guilty, but still have to bear civil liability.America executes is no trial, no longer a retrial is concluded, the civil trial way to bear the blame.This Shi not America's general practice?
Answer: the general situation is like this, because the requirements of the civil trial evidence lower than the criminal trial.In addition, the plaintiff's attorney in civil trial in the case of Simpson is the prosecutor in a criminal trial.
Q: as a good lawyer, how do you see the innocence and in fact because of a lack of evidence as the relationship between the two?
Answer: in some countries, there may be three kinds of trial results: guilty, there is no evidence of innocence.Innocent, means that you are innocent, you are not guilty.There is no evidence, that you may do, may not do.In American, only two results: guilty and not guilty.No evidence of innocence includes proven guilty.
Q: on the case of Simpson, I have a question: in USA, lawyers to collect relevant evidence from the police station, whether it needs to be notarized or take other measures, so as to obtain the adoption?
Answer: the police have bloody socks, we have tested the evidence power.We don't need them to test, we can use their own way to test the evidence, but they can.In USA constitution, apologist and the police, prosecutors are of the same status.The evidence, witnesses are owned by the government.On the evidence of a plea, power and procurators are the same.Those cases I win because I own most investigation of the evidence that the government provide evidence is wrong.I am in the process of the church, many ideas of his own: academic, scientific evidence and look at everything around.
Q: do you have a view in the "best defense": the best defense is to attack.How do we understand this view of meaning?
Answer: defense should not passively coping, just by the procuratorial organs to provide evidence, but should find their own evidence, investigation of evidence.
Narrator:The law sometimes have different approaches but equally satisfactory results and wonderful and sports.
Dershowitz said, some of my clients win because of government personnel violate their constitutional rights.In order to criminal defendants, especially pleaded guilty to criminal defendants, you often need to keep in attack and the ways to deal with America government -- you have to put the government in the position of defendant to trial for their illegal act.So, the best defense is to attack.Therefore, I choose the most challenging, the most difficult, the most representative and precedent setting case, thus the guilty and was cast aside in favour of defenders and rarely chance the defendant as a challenge, wholeheartedly to regard it as a lawyer's duty to do.
Q: is the defense lawyer, is the defender, how to achieve the "offensive"?
Answer: first of all, I want the prosecution against the evidence provided, in American unfortunately: police often make mistakes.In the case of Simpson, we will forge evidence the police to court, also some people told the jury and prosecutors, think they are wrong in this case.They are busy to defend himself, there would be no time to look for my clients.Provisions of law should try to put the other party in the important position, in USA, law, the accused is not to talk, but the police need evidence, the defendant need opening.
Q: is this the right to silence?
Answer: Yes, the right to silence is very important.
Q: a lot of big case, you are success through their own efforts and ability.Reportedly, there is a kind of plea bargaining in the USA, how do you think about that?Are you involved in this transaction or encountered such a situation?
Answer: I am very doesn't like this transaction, but excellent lawyers almost all experienced, if inspectors provide a good deal, I would advise customers to accept it, but I don't often do.All people know that my personality is very honest, I like to fight, I will not easily accept what transactions.Most of my clients want to "kill" a field, rather than forming what transactions.Is the system of plea bargaining effect: if you accept the terms, the hearing will be punished.
Narrator:In USA, plea bargaining is very common, the court is one of the few.In Dershowitz, up to85% of plea bargaining is a very bad thing, which for want of judgment of the person is in fact a kind of punishment.Because they know the guilty, most tend to OTC, they often escape the blame.But the court of people, mostly confident innocent, but they may not be able to win.The result is guilty but received less sentence.
Q: as far as I know, your lawyer had directed by two judges with care, do you think the relationship between lawyers and judges should be like?
Answer: should respect each other.In some cases, judges and lawyers should not be too close, should not become a member of government.He should be independent, impartial.
Narrator:In American, all judges in office before a lawyer.
Dershowitz said, "some people are becoming a judge, because they are good lawyers.While some people have become the judge, because they are poor law".Therefore, the relationship between the judges and lawyers America, or general good.The judge made law, even after retirement are going to be lawyers, this can be good or bad.It would make the relationship more closely, disadvantage is some judges used their positions in lawyer business to open up the market.Nevertheless, Dershowitz in "the best defense" in one book, is deeply grateful to have given him two judges guidance and care, which he thinks USA history the rise above the common herd, most human USA federal Columbia zone soil Court Chief Justice David Baez uplift and USA Federal Supreme Court justice Arthur Goldberg.
Q: if, a lawyer working for the client, know their customers have a serious criminal facts likely to occur, and the facts of the crime and will endanger the lives of many people, such as the explosion.In this case, the lawyer how to deal with?
Answer: this need to consider two points: one is how you found the customer to do; the two is the future if done really is a crime.If it is a crime, then you need to alarm; if not criminal behavior, so you can't tell anyone.On this issue, I wrote a novel style book, will make TV program, will have the opportunity to send you one.
Q: Thank you.
Answer: this question is very difficult to deal with, is not only the problem of doctors, lawyers, psychological experts will also encounter these problems.
Q: so, we note, the western countries on the testimony is a privilege rules, such as between doctors and patients, between husband and wife, between brothers and sisters and so on, in this kind of relationship is not to testify.In China, often appear husband standing against the witness on his wife, in the western countries is not possible.In western countries, whether this approach embodies a kind of humanistic feelings?
Answer: in the America, parents can testify to their children, children can testify to the parents, other provisions of the scope is very narrow.The lawyer can't testify against customers, because the information he received, is the customer and he established a certain relationship.The doctor can't testify to the patient, because the patient will tell him some of their secrets in need a doctor's advice.If parents beat their children, the children to tell their parents, doctors can testify.The result is a child's parents would not go to the hospital to see the child.If the doctor not to testify, the parents will take their children to see a doctor.This problem is very complicated, the provisions of this There are both advantages and disadvantages., it is difficult to judge.
Q: your lectures in Harvard University, told the students speak, statistically speaking, they are subject to criminal penalties for people more than criminal defense lawyer.How to understand this sentence?This means the value or price of the lawyer?
Answer: because those few students engaged in criminal defense business, most of the future will be non litigation business, so they are concerned with the criminal proceedings, the accused is mostly done.This is a very interesting, they may not do the criminal procedure law, but they would be willing to listen to me how not to do the.
Narrator:Dershowitz said to the students, I accept the defense case for the defendant has half is a lawyer.They were indicted on charges of bribery, engage in malpractices for selfish ends from murder, This is not the only one., most criminal charges are determined by their defense triggered by.
Q: in your "best defense", the lawyer is divided into9Kind of, will own compared to the judicial system insider.So, I want to know how you evaluate the judicial status of USA, in addition, how do you evaluate yourself, do you think what kind of lawyer?
Answer: can I use10A few hours America judicial criticism, the book also has a lot of my criticism.What I want to say the most, criminal political color is too deep, is not the industry.As for me, in my profession, I do not believe that any person, also do not want others to go beyond debate I industry life.
Narrator:Dershowitz has encountered in its business or to defend a criminal defense lawyer to do the classification of unique and novel:
You and I don't trust; the good use of media; the occupation as "criminals in Tang law"; prosecutors and defense lawyers wearing coat; the style of Perry Mason(Those able to skillfully use psychological tactics to lie government witness bait tactics)The upright gentlemen; type; in the principal bets; the enthusiasm and the lack of enthusiasm; the best and the worst.
Q: can you to China criminal lawyer advice and hope?
Answer: the criminal law is the most interesting of the law, he is not money but people's freedom and rights.A criminal lawyer, lawyer industry heroes, their contribution is unknown.
Question: Thank you for accepting our interview!
Despite the dialogue only an hour, but we from his speech and deportment, clearly see a Magical Law of magic, a when become semi Simpson case "dream lawyers" dream leading lawyers, from a naive idealist to relentless criticism of a successful lawyer USA judicial system's success.
In his view, not a title is more honorable than lawyers.
However, he often said, successfully to guilty defendant lawyer would never expect one day to set up Nobel bonus for them.Because, in any society, for the guilty and defend the world despised lawyer will never have good days.People may doubt their motives, people would think they were loyal to the principal's interests rather than social justice; public opinion will put their client's bad behavior and they together.They will be as so that the world is not disorderly thieves who, is the law of the gadfly.The defense lawyer in the leader is always the first to suffer persecution, people always want to find them in their license revoked.
He often told the students, whether a country has a real freedom, Touchstone is one of its attitude towards those guilty people, for the people of the world and the despised defendants.
He thinks, the core America criminal law system is corrupt -- it is all parties trust common dishonest attitude; it is not fair -- it discriminates against the poor, uneducated and discrimination against members of ethnic minorities."A conspiracy, a cover American judicial system to make it You had better shut up. conspiracy in wandering around.Most people -- lawyers and judges are not opened chrysostom.Most outsiders -- law professor and reporters do not really know".
Therefore, he asked his students to "to understand law" with sincere and honest spirit of "deceit, hypocrisy, cannot not met in real life".
This is a genuine honourable Professor Frank, a lovely lawyer, a warm amiable old man.
In fact, human and law have the same truth.Not really the most personality, nature does not have "the best defense".
(the originalCarrier "China lawyer")
Yang Zhongmin: what is the best defense?
Method according to said: "the lawyer must be legal and government teacher", now China, perhaps this is a luxury, but as a lawyer, you, have such ready?Look Chinese lawyers to a force, a trend of justice.
This article appeared "Tianya" 1999 the sixth period, income after "what is the best defense" a book. ------------------------------------------------------------------
In 1980, Alan Dershowitz came to Beijing for the first time.The famous lawyer American Harvard University professor of criminal law, practice in New York surprised a problem in Chinese counterparts most often suggested, was "why would the government want to spend money for the destruction of the socialist legal system"!About in his opinion, the rationality of the existence of criminal defense, belongs to a lawyer for ABC * * *, from lawyers mouth asking "why", is unimaginable.However, he explained: "the judicial justice -- whether it is socialism, capitalism or any other type of, is not only objective, but also a kind of program; in order to make the procedure justice carried out, all is accused of a crime must has the right to defend themselves.The defendant was born in intelligence and other aspects of uneven, some good and some bad, their expression ability, logical thinking and eloquence differ greatly in.The defense lawyer -- they've trained -- will play a decisive role, to provide the help for the defendant.To determine whether a defendant to be convicted, should be punished, the government must provide evidence that the defendant should have a fair chance of defence." In 1994, Dershowitz again in the Chinese -- not for himself, but his "put the best defense" on the streets of Beijing greatly small bookstall.This is believed to be the "best" America contemporary attorney of record, it has attracted many scholars, market obviously good -- I got stolen version is a typo Lianpian be touching, which is sufficient to prove. If a lawyer, probably already disdain to Dershowitz questions such as why criminal defense this primary question, however, after reading "the best defense", in the face of Dershowitz details his handling of dozens of the most controversial case, you can not have more questions, for example, one of the most direct and most simple question is: what is the best defense? Classic, not to say that Dershowitz -- defending Si Jaeger bombing. In 1972 January, a group calling itself the "Jewish Defense League" organization to oppose American and the Soviet Union, the Soviet Union players in a three stringed piano to visit before the performance, using self-made gas bomb explosions were making Huruk theater in New York office and Columbia arts management company, leading to a Jewish girl Alice Conis choked to death, it shocked the American opposition.Soon, the New York police and the FBI was arrested "three members of the Jewish Defense League", accusing them of being the bomb, Sheldon Siegel is one of them. When the criminal procedure machine start, the three defendants facing trial, Dershowitz become employed by Si Jaeger's lawyer. Dershowitz soon made clear his client a little wrong: Si Jaeger is not only a gas bomb maker, has also repeatedly involved in terrorist explosion activities.This is not surprising, on the contrary, it is with Dershowitz mindset -- "my client was guilty" -- coincide; and truly called Dershowitz's surprise, Si Jaeger is a terrorist, also hidden another face: "the Jews defending" internal government spy! In 1971, the Soviet trade mission because of the bombing, Si Jaeger became a police tracking object.The police through the illegal wiretapping (did not apply for a permit to the court) and illegal search (without a warrant, enough to prove the criminal evidence) Si Jaeger participation explosion activities found.The case handling personnel to put pressure on Si Jaeger, forcing it to agree a deal: Si Jaeger in the proceedings for the government prosecutor accused testimony to the police ", and provide 'Jewish Defense League' future operations"; in exchange, the police and federal prosecutors are guaranteed immunity Si Jaeger exemption from prosecution in the lawsuit, and promise not to reveal his identity "spy".Since then, the West he fulfilled his commitment, in addition to provide clues to the police promptly, make ongoing bomb abortion, still in the two bombings in the litigation witness, and he did not because the crime was sent to prison, still wander the streets, breathe the free air. Si Jaeger thinks an intelligence is enough to repay the police sentiment, however, fish have bite, the police will not easily let go, they continue to threaten the West Yager, past the exemption can be claimed for nothing, "any kind of immunity is based on whether he is willing to hold on the other defendants testified for trial the premise," unless Si Jaeger continue to provide intelligence,, "must be prosecuted or were revealed between his spy face two choices". Si Jaeger is afraid to prison squat for decades, but also do not want to appear in court to Testify -- when a "Jewish Defense League" members of the surface, revealing his "spy" identity, by the partners of the curse, it is also extremely terrible!However, the loss of freedom of fear or forced him to take the "spy" this road.However, the crafty Si Jaeger also left hand, one is the police threaten his conversation was quietly recorded sound, two is not to inform the police prior to 1972 January bombings.When the explosion occurred, the police logical to find again the West Yager, once again assured him not in any trial revealed the informer identity, based on this commitment, Si Jaeger denounced the bombing the names of the participants, and admitted that he made the bomb. However, in the detection, the government turned face, plans to let Si Jaeger in the proceedings as a key witness to testify in court, "and ready to reveal his spy face, disclosure to the authorities about the Jewish league he tip off information has nearly a year of history".In short, the government prosecutor wishful thinking arrangement, Si Jaeger seems to have only one way, that is must to the court that the accomplice guilty, otherwise, will be refused to testify and was found guilty of contempt of court -- according to the case, the government can be the maximum penalty crime asked the court to sentence is life imprisonment! A nasty client!A tough case seems to be no justification!Dershowitz facing difficulties, but he "decided to try the method of" never before, a win win.In a New York federal court, Dershowitz at first refused to accept the government prosecutor brought to the court granted immunity from suit Si Jaeger, insisted the government to murder charges brought against Si Jaeger.This intention is good: no exemption from prosecution immunity, Si Jaeger in the lawsuit identity will be accused of explosion case, can not be a witness to testify, so, naturally eliminate charged with contempt of court danger; and murder charges against Sieg, Dershowitz will control the police the hands of the evidence obtained by illegal means -- no court signed permission shape on wiretapping and search; to threat forced Si Jaeger to act as "spy" means "; finally disowned originally for Si Jaeger to make commitments", etc..Not only the evidence in the trial were excluded, but, the government (police, federal prosecutors, and participate in tapping the Federal Bureau of investigation) may also be due to violation of the fourth amendment of the constitution America limits on government search, arrest and the confiscation of the right, without hearing explosions, will become the defendant, on trial for "their illegal act".It was several birds with one stone! The trial began, police investigators did their foolish paid the price, by Dershowitz step by step in the court of inquiry, big disgrace, government prosecutors also very embarrassed.But the outcome is not as people expected, after several twists and turns, Federal District Court judge still adhere to exempt from prosecution immunity to Si Jaeger, asked the witness.Dershowitz shield will give tit for tat, as a constitutional right, let Si Jaeger read aloud in court to testify the statement: "because the police have to I had promised, if I to give them some information, I would not have to testify; because of my identity was exposed by the illegal eavesdropping and illegal search results, I hereby solemnly declare, declined to answer questions.I think, I refuse to answer these questions have sufficient reason, only to seek fairness and justice for me, that my constitutional rights are not violated, and no hinder law."In this regard, the court a contemptuous disregard, insist found Si Jaeger guilty of contempt of court. In the face of setbacks, Dershowitz not discouraged, immediately appeal. In USA circuit court District second federal appeals judge in the trial, noted the government solve various illegal means adopted in the process of the case (including the relevant departments will be illegal interception of tape unauthorized destruction, etc.), that hinder the behavior "(Jaeger West) force is necessary to defend......"Finally, conclusions: veto and the withdrawal of Si Jaeger's contempt of court judgment, and "are not in any case by the Soviet trade mission and Green Gourcuff bomb explosion, or because in his car bomb was found in possession of the bomb on the grounds of the Si Jaeger prosecution". Defeat every turn, Dershowitz win!Si Jaeger not only because of refusal to testify the conviction, but also not for themselves and their associates have a brutal terrorist explosion activities of any criminal responsibility!Si Jaeger and two other defendants "laugh, to congratulate each other", left the court. Ridiculous?Ridiculous?This is Dershowitz "the best defense"! If the defense results as newborn, so on it will find only USA judicial system "DNA", as it is abnormal or normal, you can use this or that judges, for Dershowitz this birth attendants, and about what? As a criminal defense attorney, Dershowitz is undoubtedly the most "professional ethics" and the spirit of dedication, even for the West Jaeger such a perfect terrorist client, Dershowitz also fulfill its duties, practice his promises -- "I will go to all lengths, by all lawful means the principal rescue, no matter what this will do the consequences."Like a nineteenth Century British lawyer Henry Blaum said, apologist "in order to protect his client, if the heaven is doomed when necessary should also not to hesitate to state that"; defense skills and Strategies of Dershowitz, is also highly occupation, can fly fastest and highest -- in this case the defence in the limited space of the law, in the same example and, in 1994 and 1995, when America baseball superstar Simpson was charged with murder, Dershowitz as main member of the defense team, in the "trial of the century" and the "court operation strangle", make the public generally believes that the guilty Simpson also smiled and walked out of the court.Of these, we can't admit that Dershowitz's defense is the "best of the best". However, when the trial ended, Dershowitz is not full of sense of victory, he heard rebuked Federal District Court judge on the West Yager have issued: "do you know who was not in court today?Alice Conis.Therefore, Dershowitz jittery: the victim fell in the explosion, and murder were acquitted, "in a sense, we should be responsible".He sat alone for a long time in the courtroom...... "The best defense", suffering Dershowitz pursuit of judicial justice, also confronts each reader: since the criminal defense is the judicial justice as the starting point and the end point, then, when victory this defense, the goddess of justice is also coming? "Justice", the sacred and exciting words, is a symbol of high frequency words in the legal life: most people seem to agree, law is justice, the legal setting lawsuit, will seek to fairness and justice; as if everyone is looking forward to the love goddess of justice. Afford much food for thought is, Dershowitz just think, in lawsuit and no one "really need justice" -- "criminal defendants and their lawyers, you certainly don't need what justice; they want to be released, or as short as possible";"......The prosecutor is not the pursuit of justice, and they tried to escape the criminals, only want one thing -- win "; the judges need justice?The answer is negative: "most judges are not interested in justice......Many judges are to themselves as a part of the legal force, is the extension of police and prosecutors, they really wanted criminals can be found guilty and sent to prison.Even in accordance with the law requires the release of a defendant, many judges will within the permitted scope of authority, and sometimes to try to identify the people in prison they think the crime guilty beyond the scope of."For these words, perhaps only as Dershowitz on America justice those grey reality a resentful words, sharp and not extreme; but if thought, he also is only "justice" as a business suit, on the court when the bright side is shown in public, but it actually package similar to the ancient "China petty official" or "Songshi" body -- in order to party a few Xu Yinliang "juggle with the law, engage in pettifoggery", it is absolutely a big misunderstanding!In fact, from his jittery, we do feel that an honest lawyer to pursue justice impulses. Chinese like say "position".Careful pondering over, the "position" and the foot does not seem high, many occasions we have more to hear about the "position", and buttocks, such as "sit on either side", or "sat askew", etc..In the eyes of some people, criminal defense attorney position or ass is always a problem, always sits askew, not placed in the justice side!This not only superficially, the lawyer is talking to the defendant, the defendant may be a heinous crime; worse still, most of the competitors lawyer, is accused the defendant of the national judicial power (not just the police and prosecutors, in some occasions also wanted to the defendant in prison judge!)(1) the latter asked "always condemn justly and severely justice", "let the criminal punished by law", against it, is tantamount to "stand" or ass twisted to the crime person side, is tantamount to the enemy and justice!No wonder Si Jaeger hearing the case of federal district court judge will hate hate injustice to accuse Dershowitz said: "it seems to me, in such a involves judicial is blocking murder case execution.Even if the murderer is still be still unpunished, persist in wilfully and arbitrarily people will eventually feel the force of law." In fact, in the modern litigation system, judicial justice is not the judicial organs of the state patent, it is neither possible nor should have bought out by the police, prosecutors and judges.This is not only, make clear the facts of the case, is the justice in order to realize the basic premise of judicial justice, judicial power charges only a perspective case face, lawyer defense for the accused to refute and correction, from another perspective tells case another face, the fact of the case and a complete face the so-called "truth", only against an interactive debate by both parties, to the final reduction; and more importantly, if thought that only the national judicial power is the only subject of judicial justice, client, lawyers are the defendant then, both sides fight, is nothing more than "the final contest justice" and "evil", especially as a "cops and robbers" game, the outcome has already set: lawyers self defeating, and the defendants were put on the scaffold -- for the victory of justice over evil is an inescapable historical law.Even off the wrong to kill wrong, to wipe the slate clean, must depend on the judge's judgment.This kind of "justice", in fact, is the feudal judicial tyranny "Bao Qingtian" to "be open and aboveboard", and the modern litigation system to ensure justice and no relationship. The eyes of Westerners, goddess of justice is concrete: a sword in hand, a hand hanging balance -- balance in the hands of the goddess avoid leaning to either side, the shape resembling an equilateral triangle, convey the judicial fairness and justice.Perhaps a coincidence, perhaps deliberately borrowing and germinal, against the mode of criminal procedure under modern litigation system, scholars often been likened to a by the accuser, defender and the judge (judge) build equilateral triangle: control, two points between the two parties mutual confrontation, connected by the rule of law fairness; the prosecution and judges, the defense and referee is respectively formed on both sides of the "waist", so as to support as a referee, "vertex".Only when the balance is two and the three lines of symmetry, from the "vertex" down the straight average segmentation triangular, square means avoid leaning to either side referee, and the referee results in order to achieve the "fair", "justice", or in accordance with the "judicial justice".This simple geometric figures indeed show procedure control, debate, cutting (Trial) between three parties, also highlights the realization of the basic elements of judicial justice, one of which is: any fair, impartial judgment, can not rule out the role, conversely, the vertices of the fairness and justice is impossible.The criminal defense has been able to become the modern criminal litigation system in the "meat" and "bone", its reason lid derived from this.No matter whether the individual lawyers "really need justice", as long as he stood at the defense table, the criminal defense system has been set to achieve a indispensable power of judicial justice, and not to the individual lawyers position or to transfer.Of course, for the police, prosecutors and judges the position of the individual or the ass, and the same is true. Despite that, control, debate, cutting (Trial) in the proceedings are standing on the same side of judicial justice -- at least in the litigation system is set in this, but in fact, the specific goal of their actions, often be quite different, even mutually exclusive, to let the cat, particularly between the accuser and defender.For example, in the case of Si Jaeger's lawsuit, government prosecutors tried to Si Jaeger that a group of terrorists into the jail, even though the Constitution does not allow the means, also not to hesitate to; and Dershowitz has rack sth. to make his client acquitted, even if the victim will die innocent unrest, also have no scruples.This contradictory phenomenon, like the black humor of judicial justice. "To give each person what they deserve," this is the ancient Western philosophers Platon and A Reith Dodd for "a fundamental interpretation of justice".It is so simple, so profound, so you have to gasp in admiration leaped lightly thousands of years ago, the wise men, had to be human rationality bar up to almost insurmountable height, so that the later scholars in the interpretation of what is "justice", not as a blueprint, only in the expression of slightly different.We will use this interpretation to the modern criminal lawsuit, also can say, justice is through the application of law to control, between the two parties (including the two parties) each deserve.In the case of Si Jaeger's lawsuit, although the government prosecutor and Dershowitz their desire is so opposite and conflict, but who can deny that they are indeed contains the connotation of Justice: the terrorist offences, is undoubtedly the victim and the government "should get things"; let the accused man free, in order to ensure the human rights are not subject to government unprovoked aggression, is not the defendant "should get things"?! "The public is rational, Po is rational," justice that is so, it is not as imagined entity embodiment, only single and plane, to a person or a party dues to inclusive; it is multiple and three-dimensional, must complete "everyone deserves".Both sides of the confrontation, it is on the same side of justice under the banner of the different justice goal pursuit. He wrote in Russian in the fable, a quite interesting, there is a carriage to sink into the mud, warm-hearted animal who see, together to help the driver pulled the car, everybody is very hard, but failed to make an effort: Swan pulled the car up on the fly, and fish dragged the car desperately to water, the horse in the driver's cries in the sweating pull forward, others in the tail of the car and dragged back in the car, or on both sides of the blind hard......Result?"Cart stay motionless".Then there is a good writer, also Russian, wrote a "fun physics", not tell Krylov seriously, he analyzed from the mechanical point of view, the fable of the animal are in different direction, but can form a joint force, so that the movement toward a certain direction, but not "stay motionless".If only from the pure science point of view, the writer's conclusion about more in line with the law of physics -- which of course does not mean that the offset advised Krylov fable or ironic.In fact, a cart by force different situation exists in criminal procedure: control, between the two parties to each want to get something, although respectively towards the specific goal of different, but the contradiction and confrontation but form a joint force, and in the end, the judge also force the among them, litigation car is pulled forward -- often contribute to a consistent with the requirements of the judicial justice.In Dershowitz opinion, even if the litigation system itself flawed intolerable, or "criminal procedure between all parties......No one is interested in "the abstract justice, but" ironically, the actual result is likely to be a generally fair justice".He was sure that, "can make a fair and reasonable decision, generally avoid leaning to either side" depends on the both sides of argument antagonism litigation "statutory procedures".In Dershowitz said "legal procedure", as the prosecutor's adversary, force counsel is of course indispensable. Compared with the lawyers, the national judicial power as the force the complaint of course more powerful, it is not only a state machine support, also lies in the national law system in distribution to the parties rights, obligations, may consciously or unconsciously to tilt (such as China criminal defense attorney as the real the defender intervening time, is in the investigation organ, public prosecution case prosecution not when investigation starts), but also because people in general concept, more will be the national judicial power with only the realization of judicial justice, the deviant act often tolerance and ignored, and the defense lawyer the failure is more demanding and amplification, especially when the defendant is a crime person.The problem is, these reasons and formed by these powerful, but the national judicial power exists and the risk of abuse.From the Si Jaeger case investigation, trial, we can see many facts: or illegal wiretapping, or unlawful search of, or threatening to force the defendant to act as "spy tactics", or to overthrow the commitment; while in other situations, we also see more brutality and torture to extract confessions....... In fact, even if the state judicial power from being abused, but also entirely possible to bear the fruit of righteousness.As Dershowitz said, "although everyone can use the constitution declared himself to be innocent, but the vast majority of criminal defendants actually guilty of the crimes they were accused of", these people but also by the government prosecutor accused and Dershowitz tried to defend Si Jaeger.It can be set up and the logic is: no matter what police or prosecutors had accused Si Jaeger of illegal acts, however, is not a kind of justice demands.Can assume that such an outcome: Si Jaeger and his associates were convicted, be chained and thrown into prison, and the victim can be dark eye in Jiuquan -- who would say that this is not a kind of justice results?! However, this kind of justice is incomplete.When this handle sword of justice towards the West Yager cut off, the other side edge it while chop wound constitutional Si Jaeger right, also breaking the law and order.What is worse, this is all in the name of "justice", to the national judicial power in the hands of the incomplete, this is especially painful, is especially dangerous. Then, Dershowitz in defense picked fruit? Unfortunately, Dershowitz get justice is still not perfect.The final decision while defending a kind of justice, but also lost another Justice: the desire to "things" and not!"The best defense" is to show people the lawsuit a baffling phenomenon: in some circumstances, when the justice of both sides very reasonable so contradictory and so mutual exclusion, the final selection of judges always embarrassed: there are defects in one way or another, in the body of the goddess of justice.It was "a dream of Red Mansions" a word: this letter with the world, a fly in the ointment; it also seems to be a paradox: give up only a kind of justice, in order to get another justice. The problem is, must eventually choose a reflection of higher value of justice results. If the judge found Si Jaeger guilty, the other side is potentially a huge risk that justice: accept the legitimacy of judicial power in violation of the principle of constitution.As a former American Supreme Court justice Robert Jackson said, "if a government official in violation of the constitution, it is an event; but if the court subsequently approved this action, the past events become a part of the principle of constitution.This part has its own reproductive capacity, its production out of something it will damage the constitutional principle itself".In Dershowitz appears in front of, very difficult crimes, government officials take the unconstitutional means, how much is the last ditch, is "easy understanding and tolerance", however, the most intolerable, judge the legalization of behavior.Therefore, Dershowitz defense wins, superficially, just "rescued" a Si Jaeger, but in a deeper sense, be regarded as a rescue of constitutional principle, but also the constitutional principle of victory.This value is undeniable.He welcomed the goddess of justice, although incomplete, but compared with another incomplete -- to punish the crime constitution principle -- sacrifice, or closer to the Venus de Milo, at least also has an incomplete beauty, rather than a broken limb from losing the basic aesthetic values of sculpture.So we see, Dershowitz though jittery, but "not going to apologize to help these murderers exculpatory, or feel guilty".This is perhaps one of the most important perspective for us to understand "the best defense".