Analysis of Simpson case law

Authors: Fu Xinwei article source: the

   Abstract from the surface, Simpson case seems to be important America law "unfair", but according to the American evidence system and the jury system in the judicial system, is fully in line with the requirement of rule of law and justice USA court's decision. At the same time the case tells us, the procedural justice is the need to seriously, if can not guarantee the procedural justice, substantive justice called often cannot get essential safeguard.
　　Keywords Simpson murder procedural justice and substantive justice "fruit of the poisonous tree" silence right
　　　　

　　In 1994 the former player NFL Simpson murder case became the most sensational events USA. When the case was striking one snag after another, and finally in the well-documented case Simpson had to escape the legal sanction, killed his ex-wife and her boyfriend with a knife on two counts of first-degree murder charges to be acquitted, only in a civil trial was to determine the person responsible for the death of two. The result of the trial in first Century, led to a controversial law. In the view of general China people, fairness, justice, balance seems to lose their balance. However, "justice has a Proteus face, changing all the time, at any time can be a different shape and has a very different face. When we look at this face and try to unlock the secrets hidden behind when its surface, we often get confused". Bi in fact, Simpson case is reflected in the law a more intelligent and justice, which is the biggest characteristic of Anglo American Law: procedural justice than substantive justice, only to ensure procedural justice, so as to ensure the realization of substantive justice.
　　One, the "fruit of the poisonous tree" fruit is what?
　　We might as well in the hearts of his painting the last question: if the Simpson case occurred in China, what will be the result? To talk about an interesting America law legal here, that is the fruit of the poisonous tree. Since the tree is poisonous, so the fruit is presumed to be toxic. As everyone knows, in the case of Simpson, the police have mastered enough to prove that Simpson killed his ex-wife and her boyfriend evidence, but they make the case more "irrefutable", foolishly forged a double stained with the blood of Simpson and his ex-wife socks. It is this pair of socks, a biochemist who was Mr. Dershowitz and he hired proof for the product in the laboratory, the jury uproar. According to the fruit of the poisonous tree rules, Losangeles although the police to obtain a large number can prove that the evidence against Simpson, but as long as there is the same (socks) is illegally obtained, all the evidence could not hold up in court. So, the jury to acquit him.
However, if the Simpson murder happened in China, the court should make the opposite decision. In other words, China must not allow the Simpson case and the occurrence of Chinese, according to the "Criminal Procedure Law" provisions, invalid because of torture or other illegal means to obtain evidence, witness testimony and other evidence, legal and effective. So Chinese rule is, poisonous tree is invalid, but the fruit is valid. The author thinks, the reason China exists torture caused grievance, this provision has played a large role in.

　Two, "you have the right to remain silent, but what you say will be the evidence"
　　In addition, we often hear this word in some Hong Kong Gangster movie, "you have the right to remain silent, but what you say will be the evidence". When I saw this sentence we often laugh, but it is this sentence slightly verbose words become another weapon Simpson. This is the Miranda rule. It gives Simpson the right to silence, which may not require the criminal suspect to testify against himself. That is to say, I have the right to not silence, even have the right not to tell you my name, whether I was guilty you the prosecution thing, and has nothing to do with me. This and Chinese "frankly leniency, resistance and strict" legal thinking is contradictory. Hidden in the word is the concept of procedural justice and constitute the basis of the unlawful infringement of the principle of freedom of conscience. This may seem Arabian Nights weapon in the right is personal sin, but why set the rules to increase the difficulty of the procuratorate? -- from the legal nature and should not be the pursuit of fairness and justice?
Indeed, the system of right of silence to the crime person easy off, the prosecution case difficulty increases, however, we can not help asking: what is the purpose of punishment? around the purpose of penalty, there are many views, mainly has: good and evil, is a violation of law and morality people should be subject to legal and the moral sanction; special prevention theory, namely the purpose of penalty is my crime prevention, rather than prevent others to commit a crime; restriction of freedom, namely imprisonment offenders to isolate with the society, the purpose is to prevent the society. Although the purpose of penalty differ in thousands of ways, but one thing is for sure, the purpose of punishment is not revenge, not mere punishment, should be to prevent crime. It is for the purpose of this legislation and in view of the special cruel punishment, legal requirements, the prosecution organ charges must be much larger than the probability of civil litigation request, the benefit of the doubt of the defendant. The simple point that is to let one thousand can not be wrong to kill a. Furthermore, the justice of law is not only the case justice, but the justice of the whole. Moreover, if not a procedural guarantee good words, case to realize justice may contain sacrifice more most substantive justice not realize dilemma. Based on this understanding, at the same time hold cautious attitude and respect for the principles of life, people were found in USA guilt is difficult. It is because of this caution, America has become one of the countries with the lowest rate of Criminal Misjudged case.

　Three, the people's jury and USA jury different
　　Members of the jury from all walks from the social composition, they would be together before trial, stay in an environment isolated from the outside, prevent the outside public opinion caused their heart lose fair balance due. When the jury selection is not a race, but a point is that he can not be engaged in legal work, this general view is very strange, Anglo American law takes the elite route, the law more and more professional, need law of high quality and self-cultivation. Why this elite but cannot become the members of the jury? Actually very simple, the pursuit of law is an intuitive justice, not the law itself. This kind of intuitive justice should belong to the natural law of the law on the law, the guidance and legal workers easily enacted law, make narrow judgment. For the purpose of law is to let the majority follow, his foundation should be democratic, if the law lost his base, will become a pool of stagnant water, meaningless. This is why although the jury system cost greatly, but American also retains its reason. In this system, the Simpson case the prosecution pointed out Simpson violence wife battering over the years (alarm records), and blood and blood stained gloves evidence, urged the jury not to let Simpson be still unpunished. But defense lawyers attacked the prosecution is strong evidence of vulnerability, especially for the hand does not wear gloves into the blood, and attack the witness is racial discrimination against the credibility of the evidence, the prosecution stressed that there is not enough evidence, asked the jury to acquit. In all shocked, consisting of nine black, twelve people in the discussion of the jury verdict Simpson less than forty hours after the two murder charges are not established. Simpson last as a free man was released. Have to say, this is not going to happen in the people's jury system.

　Four, Simpson case follow-up
Of course, Simpson is not completely be still unpunished, his face is the losing of civil cases, the $33500000 indemnity. For Chinese, it sounds like Arabian Nights. The same situation in China dead person about 300000 compensation is too high, but the RMB is not dollars, the amount of compensation China to compensate for the loss, not punitive provisions.
Simpson later wrote a book called "if I did", the "wife" after all, once again set off a great disturbance in the u.s.. Publisher Judith Regan said in a statement, she believes that Simpson was his wife a murderer. This have to say that Simpson could have no shame, what gave Simpson the courage to speak their truth in the 10 years after the crime, the reason is very simple -- law. "The countries of Anglo American law system generally set up the principle of prohibition of double jeopardy. The principles and regulations, no person shall for the same behavior by more than two times the criminal prosecution, trial and sentencing". Vertical China law will not make such a simple "error", which defines the legal error correction procedure, that is to say the judgment can be corrected, it is people's "smart". This Is it right? Will make the legal authority to sweep the floor, the judgment in a state of uncertainty? Whether the criminal suspect or the victim, or the victim's family, their spirit is not at the end, not the beginning of a new. Of course, the substantive justice and procedure justice thoughts can be from our current substantive justice complex on the value orientation of the find the cultural origin. Such as "history", "people of all", "evil purpose", "the high cost, low efficiency" Xian etc..
In 2009, Simpson because of armed robbery was sentenced to 33 years in prison, this story has a various aspects all can accept the outcome. Such is the law, it is not a panacea, only to give people an idea an idea, may not be the best, but it is now we can think of the best way to solve the problem.

　Five, the conclusion
　　On the surface, this case seems to be important America law "unfair", but according to the American evidence system and jury system, judicial procedure, is in full compliance with the requirement of rule of law and justice America America court's decision. The maximum probability can not be used as the final criminal judgement, but can be used as the basis of civil judgment. So Simpson doesn't have a penalty, but in the civil judgment is a high compensation. To understand and support justice, legal justice is not the case justice, we can even say that the law is more emphasis on the justice of the whole. At the same time the case tells us, the procedural justice is the need to seriously, if can not guarantee the procedural justice, substantive justice called often cannot get essential safeguard. □
　　(author: Guangxi University law school law students)
 

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