How to prevent the destruction of American lawyer to help prisoners evidence in criminal in (and the dean of the law school transcript)

Have the students work in the procuratorate anti corruption Bureau of china. Because these years China in criminal proceedings and protection of suspects and defendants more strict, resulting in some cases reconnaissance difficulties. He contacted me, want to ask USA on this problem is how to solve. I took this problem today specially the time professor Maggie Paris to please teach school of criminal procedure law. Professor Paris has done years of criminal defense lawyer, former dean of the law school. Through her talk, be about to solve this kind of problem USA criminal litigation practice method. We will talk about record as follows.

(Note: the "Q" is what I say, but not necessarily to ask questions. "A" is what the professor says.)

Q: the suspect in detention, and a lawyer, but police and procuratorate shall monitor the course of the meeting. In this way, they can pass the bar and the outside world. The suspect can let the lawyers to indicate the suspect families to destroy the evidence, the transfer of money. This would bring difficulties to the investigation. And as far as I know, in America police and prosecutors also cannot monitor suspects and the lawyer's talks. The USA is how to prevent the suspect by the lawyer to destroy the evidence of the transfer of money?

Answer: the lawyer industry standard is very strict, stipulate the lawyer shall not participate in destroying the evidence of litigation procedure act. If the lawyer found this behavior, should stop. Some states direct regulation must report. If a lawyer to help the implementation of these actions, will receive a lawyers association very severe punishment. Lawyer was very afraid of these.

Q: but if a lawyer do, how can lawyers know?

Answer: first of all, the judge in the case if a lawyer to do such a thing, he would write a report to the association. In addition, the industry standard also stipulates that lawyers if found counterparts have violated the normative acts of the industry association, to report duty. The association will survey.

Q: but how can peruse related evidence to prove that the law violated the industry standard?

Answer: you know, usually in the criminal procedure, the defendant is not required to prove themselves innocent. But not this application in industry norms in the bar. Unless the lead lawyer to permit requirements or not (prove negtive, such as proof of "I did not do XX," is an unreasonable burden of proof), otherwise is usually peruse out charges, but the lawyer prove themselves innocent. In addition, the government will also evidence. There is a kind of "if you peruse regardless of the words, then we will use it yourself". USA most lawyers are self-discipline. But there are also some bad lawyer. When in fact it happened many times because of suspected illegal criminal lawyer helped off by the prosecution. What impressed me most is the one in New York, a female lawyer, defended a 1992 bombing of the Muslims, because of similar charges by the prosecution.

Q: so that the families of prisoners lawyer said: "I talked to him in jail, he said how much money hidden in a certain place, hope you can move it; or a file in a certain place, very unfavorable to him. He hoped that you can handle it. Of course I don't support you do ~ you look good." The lawyer can argue that its only convey information, and did not participate in the destruction of evidence behavior, so there is no violation of the industry standard. What shall I do?

A: in this case, in fact, the lawyer's intention (intent) seems to be more obvious, is to destroy the evidence destroyed the normal conduct of the proceedings. Although he said does not support on the surface, but in fact is to encourage the families of prisoners do the illegal things, to a certain extent be regarded as assist (facilitate) these behaviors. It is still illegal. The illegal act is prohibited by the industry standard.

Q: in fact Chinese also has a law against lawyers any destroy evidence of such behavior. But the difficulty lies in: between a lawyer and a prisoner's call is strictly confidential, that how to obtain the evidence? Especially the lawyer with the families of prisoners, or an accessory is not captured in the detention house exchange, collusion. If so, how the police obtained a lawyer the evidence of wrongdoing? If there is no evidence, cannot catch. And if there is no risk of being caught, that how to effectively prevent the lawyer do?

Answer: each state has different state practice, it is difficult to lump together. I can only say the federal approach. In fact, if you want to sue the federal prisoners, particularly in cases of alleged corruption, usually investigation behavior is well in arrested before the. The government does not listen to lawyers and suspects dialogue. But in peacetime, the federal has the power to eavesdrop, and secretly recording. Generally speaking in the investigation of corruption cases are quietly started, have been performed in suspected of corrupt officials without the knowledge of the situation. Sometimes agents dressed as bribery, to spy on the by the investigating officials. For example, for a while there Chicago many judges involved in corruption cases. The FBI sent detective pretended to be a lawyer, to visit the judge. Agent posing as lawyers may say: "Hey, I heard that in the XX case you how much money, and then found the defendant not guilty. This case could also help me the same busy?" At the same time the device member may be hidden eavesdropping on audio and video etc.. If the judge agreed, nature is the corruption cases. Even the judge didn't promise, he may also be about the XX case he is corrupt information. The future can be the evidence. The evidence collection action early in the implementation of the arrest prior to the start of the. The arrest is often the last step. When walking to the arrest of the stage, the Federal Bureau of investigation has not worried about issues such as the prisoner to destroy evidence. Because the evidence collection work is almost complete.

Q: it can understand like this: arrested in prison, if the lawyer to destroy evidence, is likely to find similar way?

Answer: in general is this. Lawyers and the conversation of the prisoners, the Federal Bureau of investigation is not listening. But the FBI is entirely possible layout monitoring lawyer in detention outside of the action, thus obtaining the illegal acts of the lawyers evidence. But in fact most lawyers very conscious. Lawyers generally there was a belief, think crime is wrong, is not good. Is very immoral behavior to help the parties destroy evidence. To do this, the lawyer will feel very ashamed. Lawyers generally have strong industry pride, it is comply with industry standards. Breaking the rules, by the IBA punishment, is a very embarrassing thing. Some state law association lists was recently peruse sanctions list of lawyers in each issue of official publications. While many lawyers see these publications, the first look at the sanctions list.

Q: that is to say, this is a kind of cultural atmosphere?

Answer: yes.

Q: do you think this culture is how to form?

Answer: I think about this and historical factors, construction also need long time. In fact, I think a factors may play a more important role, it is our three years of expensive legal education. Our system of law education under fire. Many people blame us for not only the law undergraduate, Graduate students. LSAT is very difficult to test, and even in the three year of law school fees are expensive. Homework very difficult, have to give up and quit a year. And even if the graduates may not be able to pass the bar exam. In this way there is no shortcut to do things by irregular ways. In this way, can withstand all this success somethings, will have a sense of pride. Between each other will form a group pride, think we are different from normal. Who do illegal things, who will give us the circle to shame. So generally consciousness.

Q: in China, recently a to XX lawyer, because the court was photographed violated discipline, the court sentenced to two days in detention punishment. (Note: I talk to Professor generally explained recently lawyer Wang Quanzhang was judicial detention.) it happened later, Chinese lawyers generally support the court take pictures of lawyers. I think this kind of thing, if happened in American Lvxie body, should be unbelievable?

Answer: it depends. Sometimes, some lawyers is specialized in protest, and go to offend some provisions. This time, there may be some lawyers to support. The lawyer to protest against the provisions in photo photo?

Q: it wasn't. I think he received support may mainly because he is a deputy XX power case, so it is regarded as a hero by lawyers.

Answer: This is a different story. We also appreciate his agent behavior, but may not support his photo behavior, unless he is dedicated to the provisions did not allowed to take photographs of protest.

Q: do you think if China lawyers also formed the industry American lawyers of the style of self discipline, how to do?

A: I Chinese culture, laws are not familiar with, it is very difficult to answer this question. But I think, to form a culture atmosphere, all need a long time. USA lawyer industry has also very confused. About one hundred years gradually formed today's state. I can only say, I estimate China will take longer. But I want to ask you: you are optimistic on this point?

Q: in litigation system, lawyer system, China is to American learning. I think, if the direction, the prospect is optimistic. And now my worry, is Chinese law relatively optimistic about the America system, but to America system understanding is superficial, and even wrong. For example Chinese lawyers generally think, American lawyers is that no condition for the service, even if the fraud also feel at ease and justified image. I think it has a secure to rely on to China lawyers error wizard.

Answer: it is not ok. Our lawyer in his defence, one is for the defense of the accused, hand also assist the judge to the realization of justice. Both are very important. Therefore, lawyers act subject to strict regulation. Lawyers are also very with great care, dare not make any possible violations of rules of law. You are the kind of impression from where to get?

Q: may be see through the America video works, literary and artistic works.

Answer: this good understanding. It American literary works, the image of lawyers is often seriously inconsistent with the facts. Sometimes we watch TV in those funny image of lawyers, embarrassed and helpless. That we know is the same Chinese way. Watch TV, movies, novels by. I guess it will be a lot of distorted or exaggerated.

Q: is largely about these. Thank you professor!

Answer: not at all. I am very glad to have you this China students can talk about it. I have to Chinese legal and cultural interest. Chinese belongs to the continental law system on? After the class, (Note: this semester I was in her criminal procedure law course) I might ask you a direct. You don't mind?

Q: do not mind. On the contrary. My pleasure.