Shock America law Simpson case trial - USA Century (from the network, the school friends advice that is Linda wrote, for reference only)
Created:
/Author:
Aaron Lewis
Said before: interested in legal, cultural, racial so you look down, very long, but I definitely do not regret it!
Today, Americans are called "the trial" before America football star Simpson's sentencing date.Is called the trial, that history has never been any case for all Americans are so concerned about.
I once had a USA election, people are waiting for the new president election results is not so tense atmosphere.Press reports said in announcing afterwards, before and after ten minutes, the whole USA people almost stopped all activities, no work, no class, no phone calls, no toilet, everyone was listening to Simpson's decision.
Hacifu in Atlanta International Airport, because everybody watch TV, make boarding delay Delta Airlines flight number, staff urged everyone boarding at the crucial moment. Results one hundred passengers, together with the roar, call her "
shut up".
Banks in Miami, the teller stopped counting, queue disappear, everyone went to watch tv.
The New York stock exchange did not stop trading, but after one o'clock become very slow, at one ten, in the display of prices on the board, played more than a word "Simpson was found guilty of all charges of innocence", after trading resumed normal.
Chicago futures exchange is usually full of traders deafen the ear with its roar cries, in those few minutes date, all in perfect silence.
Capital Federal government senior officials, usually it was hard for them to admit, what business more than they do, but this day, once the authorities almost to a halt, from the White House to Congress and the Federal Ministry
door many relevant countries, scheduled for one o'clock in the afternoon held a policy briefing, hearing and press conference, not delay is cancelled, only for Simpson.People get information by various methods.
The capital of bike messengers using radio results from company scheduling there, cried to tell pedestrians.
This is unusual in America moment, the differ in thousands of ways, most Americans actually act as one pleases, the same time, a national consensus, thousands on thousands of people doing a exactly the same thing in different places.
although Americans I and many of the same time, reply not from great shock.This sentence, contains too much.No matter how you know about this case, I must write it here,
, after you read, you will not feel strange, why in every day the murder happened in the world, Americans would be so interested in this case, it is called the "American century".
area in June last year, occurred in a major murder, senior housing in Losangeles.The deceased was a thirty year old woman and a 20 year old male young people, are white.It has caused a great sensation, as one of the two
dead, is this house hostess, celebrity Simpson's ex-wife.Simpson is a black star, when we came to the USA, he retired from the court.After retiring, he also did some film, the
to also can be a star.We had neither seen him play, nor seen his movie, can be said to be in USA rare "Simpson blind".We are in this case occurred after, to "make up the lesson".
here also have a little talk about american.The vast majority of Americans are all fans.Not much they lost species, is mainly known as the NFL football, baseball and basketball.To tell the truth, just from the East
here, think football is the barbarian movement, especially to see dozens of flutter in a ball, when a ball rolling on the ground, really want to do not like Americans so stupid game.Then I
saw motion field rugby, realized that special excitement and stimulation, also began to learn to appreciate its movement skills.I should note that, Americans "movement view" and China seems completely different, the general
people care little about USA will what gold got in the world movement, never like "out of America, and to the world" slogan.They are most interested in things, than their residential city or state.
team in the National League record.Rise above the common herd star in the eyes of the people is like a "America hero".So, when Simpson was out, our friend Mike repeatedly explained to us: you want to know
Tao, he is in everyone's eyes, is a "America hero", but, before he gives the impression is always a nice.
However, the reason is not the case of a murdered
is one of his ex-wife, but soon after the Losangeles police announced that he was a murder suspect.When it started, is also a began to stir time, we do not like the average American so excited.Because we all
didn't they so deep "Simpson complex".However, this case has attracted our attention.On the one hand, we could not be around friends mood, on the other hand, in this case, almost from the beginning
filled with drama, you are a writer trying to weave, probably also only so so.
The beginning is a crime in the night about ten thirty, murdered mistress Nicole. Simpson
neighbor heard a dog was very sad.Then, living in the same area of a walker found a dog, claws with blood, very stubborn to lead him to what place.He may follow, finally garden
corridor at Nicole's door in, found the victim's body and blood of montreal.He then alarm, things just started.
Another reason to attract our attention, is the young man was murdered.He worked as a waiter in a restaurant near
, Nicole night ever eat at that restaurant, but the glasses on the table.The young man named Gao Deman was received Nicole phone kind to send her glasses, according to later acknowledged that, \ "he
is at a wrong time, appeared in a wrong place".Whether this murder is what causes, is the person for, high Deman is an unforgettable ghost.High Deman on the photo looks very young,
very.
Simpson's home is near.After the incident, when the police try to find his notice when the case, found that he had in his original plan to go to Chicago.Finally, the police tried to
find his hotel, the telephone to inform him of the case, he should hurry back.In just a few days, the police announced that there is sufficient evidence to Simpson as a murder suspect.I think, the Losangeles police did take into account the Simplon
Sen's reputation, and not immediately after his arrest, but allow him to participate in his funeral, time limit, let him to surrender.This exception, police tolerance, and make the case took a dramatic plot.
Simpson has pleaded not guilty, he has repeatedly claimed that he loved his wife, will never make such.In the funeral, people through television that his expression, can not see it.The problem is the funeral
he did not go to surrender, for a time even the police do not know he went there.Time passes, had to put him declared major wanted terrorists.But soon, the highway has found his white Ford heavy vehicle driving, his friend
car, he sat in the back seat.The police to catch up, they do not stop, but also seems to be no escape, but neither fast nor slow to open.At that time, I am also very occasionally to turn on the TV, the scene just hit the track live.The sky is straight
l aircraft, the road is a row of cars neatly with his white Ford behind the emergence of a car, an impressive array of chase scene.Because speed is very slow, not nervous, seems a bit funny.Television also broadcast analysis
put some psychologist, said he could Dutch act, have gun, will be shot resisting arrest, etc..For several hours, the American are \ "watching, tracking".I think, Ford motors must be dreaming
also did not think of to have such a good free advertising opportunities.Finally, the car down the highway, went straight to his home.There are of course also have full police syndrome.The door also gathered numerous be jubilant crowd, the majority of
are all his fans, many people also called his name said that he was innocent.For wary the world is not random, waiting to see a good person, the tracking result is very dull, the possibility of risk are not
students.After his friend off repeated representations with the police, he was allowed into the room, drank a glass of orange juice, it had arrested.For the Losangeles Police Bureau, they finally Panasonic breath, because, due to the accident to give the wrongdoer a way out for their
celebrity caused the track, so that they have suffered the attack.
Up until this time, we still pay no heed to the case, because when
according to the newspaper, the police on the night at Simpson's house found evidence, a series of say, Simpson and Nicole separated, the former can not always Shihuai, frequently conflict records.We use the language
, this is called: motive clear, irrefutable evidence.I can't really see what \ "Simpson opera \".So, the next thing is also appear, sentenced to fall down.Although things happened in \ "name
people \" who, however, looks just an ordinary murder.But, who knows, it has no opening
In an hour when Simpson returned from Chicago, when police
Bureau has not yet announced Simpson as a suspect, he is already to the summer America lawyer's most famous of pero telephoned, hired him as his lawyer, and immediately established thereafter both America \ "dream lawyers \".
lawyer, this is the Americans met in anticipation of possible trouble, made almost like a conditioned reflex.This is USA characteristics.America after long years of rule by law, the law \ "variety" has
was complete, the constitution, laws and regulations to professional life in all kinds of details of the law, everything.Countries with federal law, state law, county county law.On the one hand, a person in trouble any problems encountered
American, almost all can be attributed to one or several legal provisions to.The law becomes the America life one of the most important part of.On the other hand, a man without a lawyer's help, has been impossible to clear all the
these laws on the joints.The society naturally emerge as the times require huge team of lawyers.
Americans for lawyers hate and love of the mood, I saw a friend in me
.He had been injured in car accidents, after recovery have sequela, so a lawsuit seeking damages.He belongs to the poor world, days of course was quite good, but not a lot of extra money.Each time from the lawyer bills, he
be indignant, once said to us, "
a telephone consultation charged me 80 yuan \", \ "a talk turned to 50 yuan \", although these bills is good to pay.But he not only cannot do without a lawyer, but also know the lawyer will help his
busy, because lawyers have full confidence for him to secure at least $one hundred thousand in damages, and if there is no law knowledge of various legal provisions, he may even a dime to also can not take.
American
there is a joke, said to be in the Law School of the first grade class, the teacher asked the students what is the lawyer's responsibility, all the students answered, for justice; to the second grade, the answers to students has been greatly reduced
less; the graduating class, when the teacher asked the same problem but only one student to answer for justice, caused the whole set the whole room roaring with laughter.Take this joke is very intuitive.The lawyer's income is very high, always
let a person see the heart is not balanced, a lot of money not just accused lawyers.Of course, lawyers and other occupation, there is also a occupation moral problem.But, what is the lawyer's occupation morals, law in the whole legal system in our
what role does it play, what exactly is a lawyer's duty, this is I after the Simpson trial, the problem that must think.
Like Shapiro's lawyer, really only Simpson such a \ "star \" \ "can afford.In America, most can get rich quick is \ "Star", but who also don't envy.Because the stars are a bit
tricks, especially the stars, light is not luck can be.Then, Simpson had also asked another black lawyer Kakolen.Soon, his lawyer has developed into a small bar, with a full American most
excellent dozens of senior lawyers.At the same time, by the local female attorney Clark, a prosecution lawyers black attorney Dalton led also established.The two lawyers, a representative of the defendant, a plaintiff, they
have what different?Through the case of Simpson, we really appreciate, in America, prosecution and defense are two echelon fully equal confrontation.USA court and the motion field does not have what difference, sports team the prosecution and defense
like two are forces of the enemy.Because according to USA law, whether the suspect accused of crimes is serious, whether prosecutors hands evidence seems so powerful, before he was convicted of a crime,
must assume that he is innocent.The \ "presumption of innocence" in America judicial system is extremely important one.It is this one, the prosecution and defense from the equal status of moral.Because before I
, assuming the innocence of the accused, lawyers will have no psychological burden, be in the right and self-confident of defence.If not this one, the defendant's lawyer played a short three minutes, did not mention the \ "fair," two words, the defendant also are
can easily become \ "lamb to be slaughtered.".
Therefore, the defendant not guilty in the case, the prosecution's responsibility is to display evidence, prove the accused can stand up, in order to find out the real
criminals.As the defense, to put doubt on the prosecution evidence, and even to overthrow the prosecution evidence, in order to maintain might have wronged the defendant's innocence.Therefore, morally, both sides did not Guijiangaoxia division.
prosecutors even if the hands of conclusive evidence, you can do, just let the evidence, and not even slightly, to imply both a moral.If prosecutors have any raise their own position in the moral
signs, for example, claimed to be justice, and that counsel is to excuse the culprits and so on, are in violation of the "fair game," principle, is a serious foul behavior.
Of course
one, more important, is American very thorough judicial.No matter what the nature of the case, American government has no right to interfere in any proceedings.So, first of all is neither from the top of the pressure.The
times, is the court against both morally perfect equality, it establishes the premise them in court justice contend.If the two sides are very strong, lips gun heated dispute, logical reasoning, clever transfer witness, will become a
very good intelligence contest.No wonder American many movie big scene is in court.
Whistle in America court this "field" the referee, judges will
.All the role he plays is to maintain order, that is when the two sides in the confrontation, maintenance, "rules of the game".Whether the evidence on both sides can be in the form of church, whether the witness can appear, to mention
witness asked whether appropriate, can be in court to say what, can not say what, when a party foul to stop, and so on, these are the responsibility of judges.However, the real final decision making in the case, but not a judge.In
trial, the judge is just like a field of hard to monitor whether the two sides foul referees.But during the trial, he was constantly whistle stop.The referee judges with a playground, his level is
reflected in the rules of the game are familiar with, and that \ "both sides to contend with whistle blowing justice \".He is not reflected in to get a conviction can \ "
discover the minutest detail in everything".In such cases, America judge does not break life \ "Mr. President," justice, not his affair, he had not the power.Then, the final who was
Sue master sway?Is America flat people of one of the most common, namely the jury.
American amendment to the constitution, the bill of rights, its fifth, sixth and seventh are involved with
jury system content.Fifth it is stated: "without a grand jury indictment, people should not be sentenced to death or will be deprived of some public power on trial for felony; but in war or social turmoil,
serving in the Navy or militia cases, not in this case; the people may not be for the same offence and two times life or limb is placed in a critical situation; shall be compelled in any criminal case to be a witness against himself, had to go through a
due process of law and to be deprived of life, liberty or property; people's private industry, without reasonable compensation, shall not be syndrome.\"
Amendment to the constitution of sixth as follows: \ "in
all criminal prosecutions, the accused shall have the right to put forward the following requirements: requirements by the crimes of the state and district of impartial jury to a speedy and public trial, and determined by the law which should be the area; to request the charge and
reason controlled the plaintiff's witnesses; and; to have compulsory process leads to the defendant witness; and requested the assistance of counsel for his defense.\"
The seventh is this: \ "suits at common law, the dispute involving the value of more than twenty yuan, the right of trial by jury; the jury trial in any industry, except in accordance with the provisions of customary law, shall not be retried in in any court of the United states.\"
In fact, you and I have heard that American jury system, but only in the American, in the understanding of the provisions of all the details of the jury system, and showed the jury trial, especially after seeing Simpson case such major trial be struck with fright, I truly understand the jury \ "is what" and who set up it \ "why \".
You
on the amendment of the constitution have seen, the general civil and criminal cases, as long as you ask, can be heard by a jury.While the major cases, especially may lead to the death penalty cases, must pass the hearing by the
.However, the jury selection what standards?On the surface, it seems as long as it is within the court's Guan Qu, USA citizens aged over eighteen, can be when the jury.But, in fact is not that easy
.
The first is the case and the relevant personnel, including contact with the plaintiff or the defendant shall not selected.There are some occupation may have thought tendency, such as lawyers, doctors, teachers and so on
, nor.Primary jury, the judge to justice, the jury can truly represent the most common sense of the people, his choice from the polling station to vote list or the phone number of the random
choice.The primary list is always far beyond the number required by the.For example, in the case of Simpson, the jury's primary is in September of last year to complete, were selected among 304 candidates, and ultimately only need 12
jurors and 12 alternate jurors.This is because after the primaries, and a rigorous selection, but may I listed previously selected must delete, the rest of the candidates must also go through a very rigorous review,
is mainly to remove some experienced due to environment and causing candidate psychological tendency, in order to avoid possible injustice.
The case of Simpson one out is called \ "century
judgment".The protagonist is a celebrity, American top lawyers, prosecutors also set out the strongest lineup wage a life-and-death struggle.The judge determined must also was accepted by both sides, after the two sides repeatedly discussed and agreed by the Japanese, Ito
ren.Ito be impartial to... Is a name, his wife just is the host of the Losangeles police department officer, he actually can be extremely fussy defense lawyer to accept, the reputation is good to what extent.
second round of jury selection for nearly two months, the difficulties and careful.Candidates must accept the examination of the judge, for example, a female candidate had been her husband abuse experience, because
Simpson once played his ex-wife, so, the candidate qualification was immediately judge cancelled, so as not to be moved by what one sees in her judgment, can't help to "personal. \ \".In addition to the examination, candidates must
accept defense attorneys and prosecutors to review.The final decision will come from the mouth of the jurors, who also dare not let down, they all have a veto, so a little doubt was deleted.This is the primary reason
selected three hundred people.
It must be emphasized, both lawyers veto only, and no "absolute right of admission".That is to say, any party can only say don't even
one, but the same cannot be said of non to which a jury.Any one selected jurors must also be recognized by both sides, this is not easy.Especially in this case, the defendant is sports hero black, and he was killed
ex-wife is a white, you are to say the jury racial composition will not affect his judgment.In addition, because between the defendant and the victim is a divorced couple, therefore, is generally believed that, the sex ratio of jury may also become
as an influential factor.Anyway, last November, the jury finally established.Most of them are black.
In each state to the America, whether to allow the electric
television entered the courtroom is different from the provisions of.Some states is absolutely not allowed.In this case, the court has no video, no sound, even no pictures.Therefore, viewers can only on the news
heard some simple introduction.This is a group of provides a specialized occupation painting, because the news media in order to make up for the viewers to understand the court vision, to hire some artists painting field sketch.In some states, the law
law makes the TV communication field has the possibility, however, must consider the defense and prosecution opinion, finally, by the judge.California is belong to this column.Fortunately Ito judge has approved the Simpson case on TV, the
all people have a praiseworthy for one's excellent conduct chance, to learn about the country's judicial system is how to run.However, television has a very strict provisions, is not can \ "exposure" jury.
Of the four elements
court, prosecutors, defense, justice, the jury finally complete, but also can't start, because the judges decide what evidence can be in the form of church, that is to say, not all the evidence is
can really evidence.This may be how to say?In fact, this problem in our previous letters already mentioned, you remember by the local public security police unreasonable for the young couple in the Appalachian Mountains of the story?
in that story, I have already mentioned the fourth amendment to the constitution, and the Supreme Court on the basis of the amendment made by \ "exclusion principle".Once again I feel, every word American in the bill of rights is not white
wrote.As long as you can find articles to get the number, you can actually use it to protect the freedom and rights of their own.
This process is called pretrial hearing.When
pretrial hearing began, the defendant must first answer the question of whether or not to judge the problem.If the admission of guilt, can generally be had some limited within the scope of the law for a supply of sth..In front of the television, we see Simpson be in the blues
replied, not guilty.So, the commencement of the hearing.Simpson's lawyers are beginning to put Simpson, in the evening, a lot of evidence the police found in his house, not as a legitimate license
according to the jury in court.It is the basis of the fourth amendment to the Constitution: "everyone has the safeguard of the person, domicile, documents and property security, against unreasonable searches and arrest the right; this right, not
violation; unless there is a reason, and the oath or affirmation assurance, and specific points the place to be searched, to arrest people, or to withhold goods, otherwise will be awarded for shape.\"
I said earlier, Nicole separated and Simpson still live.When the police received a report, see the scene, quickly went to Simpson's house.He had left for Chicago at that time, the police in his home, send
present some evidence, and then obtained for the shape, it is a non conventional approach.In America, generally speaking, no very definite reason (speculation, inference and suspicion are not the reason), police did not take the
to hunt.In many cases, the police will therefore be at a loss what to do.So, if the police illegal operations, in no hunting like conditions trespassing and searched, and successfully got the evidence, then how to do?
irrefutable evidence, whether the criminal can be punished, the police presence, the violation facts in successful detection of whether it can be neglectedThis is absolutely not work in American.In my previous letter once mentioned, the core rights
act is to prevent USA government deprivation of freedom and rights of the people, if the \ "the success or failure of a hero", not to encourage the police in violation of the constitution.If the police make excuses do evil all kinds of evils, what the people
force can put them from outside the door?So, if the police do not hold for the shape of search and arrest, it is unconstitutional, even get big evidence, only a result, evidence aside, put the home.
so, before the trial, the judge should first determine, home Is it right? Police in the night of first entered Simpson's legitimate, if not legal, so all he found in the evidence are not at the time of trial on
to appear in court, which is \ "exclusion principle".It is theoretically, then \ "illegal evidence" to be \ "exclusion", in the case where the sole authority to decide whether Simpson was guilty of jurors,
wouldn't know what was found in Simpson's home.In this way, they find something also was equal to does not exist, such as there is in an instant break up the whole into parts.Do you think, this is simply incredible?
I although already know this constitutional amendment and \ "exclusion principle \", but still feel very fresh, because this is a murder criminal.In my imagination, in a major murder, is really
lest the evidence is insufficient, there this thing, get evidence also let it expire?
For the families of those killed, this point is clearly unacceptable.In the case of the trial
physical process, the America public emotionally unable to calm, I mentioned earlier was the young Goldman's parents.In old high Deman television is a heart with dignity, try to seek
justice father image.He was a tall, gaunt look thin, his wife, the stepmother, on his side, looked very weak and helpless.She seemed to be trying to restrain themselves, supporting each other almost touched all the people they demonstrated in front of the huge loss
pain.The defence lawyers to police illegal evidence, then should not be a high Deman, father gave a speech, he accused the defense lawyer is
ghost heart, if the lawyer convinced of his innocence of the defendant, should let the jury to see all the evidence.All of the victims' families anger expressed understanding and sympathy, but all the people said, this is not the way,
if the judge police for illegal evidence, then only the evidence.I would have said, Americans recognize only the constitution, because the constitution is the guarantee of the whole people's freedom.They are used to pay the price.
also introduced to you is, Simpson was sworn in as group from the jury, isolation.The general case, if the impact is not too large, the jury is usually can go home.However, if the case
caused by detonation, the press get in by every opening report will make the jury under great disturbance.Usually when the jury selection, had better choose those known to the case without the person, so, all the information they get, is the court
allowed forensic evidence, not affected by the press speculation and illegal evidence in judgement.This is also the case of Simpson jury selection particularly difficult place, because before being selected and isolated in the jury, evidence and
opinion has been all over the sky is.You almost can not find a person that is not a lot of read the relevant reports.However, the selected jurors will be told that, only the forensic evidence is the count.As published in their isolation
after evidence, if the judge declared illegal, the jury will never know.
So, since the jury was sworn in, they can know information far
far less than the ordinary people, and even far less than the defendant.They were allowed to know something is only limited to the judge that they can hear and see things.Even in court what happened, if encountered the judge recognized
also needs to know only after the decision, will put the jury out of court.But as a defendant, he has the constitutional guarantees in the face of all the evidence of the rights associated with him.Therefore, the defendant is always present.
jurors could not read the newspaper, can not watch TV news, so the court events, such as a lawyer at a press conference, the families of the victims of the statement and so on, they all.And the defendant is entitled to know everything
road.The jury in this period of time, on food stores to buy food, have the bailiff to follow, to ensure that they do not contact with the outside world.Before the case is over and over to their decision, the jury can not communicate with each other and
to discuss this case.In short, everything is in order to make them not by all the emotions and non evidence of effects, in order to maintain a fair decision.Therefore, you can say that, in this period of time, the jury's freedom than the suspect in the case
much less.Because is protected by the constitution amendment, the defendant has the right in the face of all the evidence and the process of the trial, because he is concerned, no one can deceive him what things, so that he in disorderly fashion to give sentenced.With
jury but only can face legal evidence is very limited.This case is rather special, due to fierce competition between the two sides, the hearing process is particularly long, leading to the jurors were isolated time was up to 9 months.
another point is also very interesting, if you ask me, in American, what occasion must be dressed in Western dress and leather shoes, a little sloppyI think, the first is you if and when the defendant, facing a need to
serious case, in America court.In USA, people dress is actually very casually.However, a person even if he never through the suit, when the
syndrome in court, will certainly consider to buy a.Because in front of me has been introduced, before the verdict, the defendant is \ "presumption of innocence", so even the most dangerous of the defendant, America government has no power to force the defendant in court
wearing prison clothes, not wearing of torture, in order to avoid the jury before the verdict on the defendant \ "criminal image \" preconception.The defendant will also make full use of their rights, dressed up, the \ "upright gentlemen \", \ "
most decent \" image appears in front of the group, to strive for the \ "image".So, in USA court, the prosecution and the defense of the last point may have a feeling of inequality are eliminated.In court,
sat in particular gown judges, judges are opposite, sat the prosecution lawyers and defendants and their lawyers, two groups of seating arrangement is completely equal.From the visual point of view, are neatly dressed, with
considerable.Behind them are the gallery, the left is the witness stand.One side wall of the slide seat never open, diverse group, this is the court really hold the reins of the jury.
I return to the pre-trial stage evidence.Judge Ito ruled, found in the Simpson home of the evidence is can be in the form of legal evidence.Why?As a witness of police cling to one's view, the
later in the day, they came from the crime scene, into Simpson's home, and not on the victim's husband had the slightest suspicion, but on the contrary, they consider that he and the victim had kinship, there may have been
met the same unfortunately, or say, life may also is in danger.Again, and Simpson was together, and Simpson's children, their safety is seriously concerned about the police.Found blood in the car in front of Simpson Simpson
and parked at the gate on the inside, more worrying what problems may occur.Because everything is in a state of emergency, so they are used as emergency treatment, this just entered his house.
thereafter found blood gloves and other material evidence, obtained after shape, officially began.So, the whole procedure is completely legitimate.Lawyer Defense said, the police is lying, they simply start to think of Simpson as
suspect, a beginning to illegal search.At this time, the role of the judges will show up.As you can see, this time his "whistle" is very important to the defendant.
but, it must be pointed out, judge at this time award is very cautious, one is to have a legal basis, the two is to.Otherwise, it will leave a \ "pigtail", no end of trouble for the future.At the end of the
trial, as long as there is such a \ "pigtail", not a party can be referred to the court of appeal, overthrow the trial results.Even judges and may therefore be accused, ruin my future.We
once seen a female judge at a trial, the defendant was charged in his turn, sat on the dock.
This time, under Ito's decision, simp
Sen's lawyers a start was not a small setback.All tried to stop the evidence in court at why Simpson's lawyers, why am I at the outset think Simpson \ ". \"
?Because the evidence found from their homes look too strong.For example, from his bedroom carpet, found there was blood socks, genetic testing is identical with the victim.Pick up a soaked with blood
leather gloves in the bushes, and left at the scene of the just a.In his white Ford car found bloodstains on the ground, blood, etc..You said, Is it right? Defendant has no what to say?
our America friend Mike in the Simpson list of lawyers out is said, it is fun to watch, they would never let a tiny bit of the favorable opportunity.I was really big not to regard it as right, I said,
so a lot of evidence, the lawyer is to have great ability, can let him get away withoutMike said, perhaps.The \ "or \", in English there are fifty percent possibilities.I didn't say what the heart,
to, wait and see, lawyers can get the evidence not to eat.So when the pre-trial stage defense counsel that evidence is \ "illegal evidence" results, requires the void, and watched a little really to void the
time, I began to pick me up, is no longer the case let down, because the lawyer is really the possibility of evidence a stuttering to go on, I have see.I want to have a look carefully, after evidence on Hall, lawyers and what action
number.
I did not expect, behind the exciting plot repeatedly, make up the news almost always in a state of excitement.
For USA judicial system \ "presumption of innocence" with interest, but also worried: a \ "the facts of the crime \" will eventually evolve into a "court game \"?
actually, I really should speak clearly, \ "presumption of innocence" or fair, the prosecution and defense for it, this is all for.In fact it back to your initial question: Americans
what kind of freedom?Because, Americans think, before the court official pronouncement, the suspect is a \ ". \" guilty.He may have at last by iron as evidence convicted, so from a
\ "suspect" into a "criminal", thus losing the freedom and rights of a citizen should enjoy American.But there is another possibility, that is, through fair court debate, finally found evidence
is insufficient, make the \ "suspect" wash unrighted wrong.The \ "presumption of innocence" and a fair trial, is to protect an ordinary people can have the freedom and right to wash his unrighted wrong.
Americans don't think the defendant is equal to half a criminal.On the contrary, in a sense, the suspect or defendant, means a citizen is in a very passive and adverse position.The
USA judicial system in the search for criminals, freedom and rights must first protect an ordinary Americans have in time at such a disadvantage.Americans believe that, in this case, the prosecutor and the defendant
police face, is often represented America of local government, and even the federal government forces, they have enormous resources collecting evidence, maintenance procedure.And a man in such a special status, if
not from system to protect them, then, to be wronged, and even the possibility of the government or law enforcement personnel set up is very big.So, as you can see, in the ten amendment to the constitution, article five relating to protect the suspected case
made American civil rights.
So, you might say, in USA, trial is a follow the rules, "the court game \", but to Americans, this is no
He Bianyi, because for them, it just means that justice to an ordinary person, although he is \ "the defendant \" such a the hapless position.Finally whether the facts of the crime to confirm, or to see the prosecutor can take charge
points, enough to persuade ordinary people of the evidence, the jury is a representative of the people.
When it comes to your letter, to understand the theoretical situation, whether will be asked
question in fact.Moreover, I mentioned two ideal state, namely: the criminal was found guilty, and the suspect was completely cleared of unrighted wrong.But, in fact we will encounter a lot of non ideal state, is the case is complex
, judgment is difficult.This is also the significance of Simpson case.This complex case is to let all people face a hard fact, take a look at this situation, the theory Is it right? Still play a role, from the theory design
out whether judicial system.
So, we return to Simpson in this case.Prior to the start of the trial, all nervously waiting to see the prosecutors to bring what kind of crime
accused, while seeking what kind of punishment.Because USA States established for the various charges is to have strict rules.For example, a murder, two degree murder, manslaughter, sentencing standards of course are also different.I
think, strictly defined for the various charges is indeed very necessary.Remember when you sent the \ "reading" magazine, an article name called \ "to shame shame when, see evil when evil \", listing the kind of
kind of \ "not to think it as shameful, but proud of \", I certainly agree.Just then a closer inspection, in the multi culture and era of change, it \ ". \" and \ "is not a shame" is unclear, for example
said gay, shame and shame even in non America are still in debate.Of course, this is not the article I mentioned about the.I want to say is, before solving this kind of problem, there is a simple solution to the first problem is at least
decision, is \ "murder when murder".This sounds like a bit strange, but sometimes also very practical, for example, you and I have seen a lot of \ "persecuted to death" this word, you said that the main
succumbed not to sue is drawback provision, seemed a bit wrong? As for Simpson, if the prosecutors are \ "murder in the first degree" charges, in accordance with the law the California, you must make a
evidence, not only to prove the suspect killed people, must also prove that he is a premeditated murder.This is because, the jury finally judgment is not \ "guilty \" or \ "not guilty", but "charges into
Li \" or \ "not guilty"".If the prosecution presented only a charge, the jury's judgement is called \ "all positive or all negative," judge.That is to say, if you presented only \ "first-degree murder \"
charges, you can only prove murder but can not prove premeditation, the jury will say, \ "first-degree murder not guilty \", if prosecutors offered no other charges, only charges and not the
, can go home.So, for prosecutors, this is a very technical question.If the first degree murder charges, finally convicted, killed two lives criminals can get heavier punishment, such as death, than
said, life imprisonment, or, no parole.But at the same time, the risk of prosecutors are more.If the two degree murder, namely alleged he was arguing like anger, the moment can not control and kill people, the
to prosecutors, seek \ "guilty," of course, the pressure is much smaller, however, may seek the penalty is much lighter sentence, not only is short, and clearance for a period of time people can try to apply for parole.
this for prosecutors, clear heart.The Simpson case prosecutors after repeated scrutiny and trade-offs, and finally puts forward two first-degree murder charges against him, that is to say, accusing him of for the two victims are a rank
kill. Prosecutors alleged certainly have their reasons, they suggest, in the summer wearing leather gloves, carrying a sword (two people were sharp cut neck die), wearing dark clothes (field
found a dark hat) and Park Escape tools at the site (of blood was found in Simpson's car), all this shows he was premeditated.At that time, I heard the prosecutor is seeking two counts of first-degree murder, think
this accusation is some doubt, or say, the prosecution is doing some risk.The first is very occasionally appear in the young people at the scene, it is difficult for you to persuade the jury, said Simpson was "premeditated" to kill
he.Secondly, \ "if Simpson was a premeditated murder, \" we were all America friends make fun of to say, "well, he is the world's most stupid one."Why do you say that?Because of
as you think, in every day can see several crimes "story America in television, which one intends to escape the premeditated murder will use this method to kill a blood, then back to a lot of evidence, and have their own home
everywhere?If Simpson is doing it, it looks more like an emotional impulse. Another issue is whether prosecutors asked for the death penalty.In USA, the various state laws, some
state there is no death.For example, last year in New York, there is a black in the subway suddenly opened fire killing, killing several innocent passenger casualties.But because New York had no death penalty, will be sentenced to years in prison.Not long after
, the state and the restoration of the death penalty, but the criminal was not re modified.The Simpson case of California is the death penalty, but in accordance with the law American, prosecutors must before his trial
raised the question of whether to seek the death penalty, rather than after the defendant guilty to consider this problem, which also brings very big difficulty to the prosecutor's decision.Because in the USA, whether there is such a thing as death, has been a very serious issue for
hold long.There are so many people oppose the death penalty.
American many people questioned whether the death penalty humanitarian, truly curb crime, at the same time, by the issue of the death penalty also has many
many other problems, for example, the line judge death, what those people should put to death?Whether society have the ability to bear the huge cost of death penalty appeal problem.Because in the USA, must take the law to deprive a person's life is
very cautious.Even in death, but also to allow the full repeatedly appeal, therefore, each death to perform in a sentence, the average waiting time for ten years.There are a large number of religious and civil rights activists in the
questionable ethics of the death penalty.The amendment to the constitution of eighth, not to punish law court to cruel and unusual for a crime, so once American had to consider whether the death penalty unconstitutional, and
was in 1972, the Federal Supreme Court death penalty unconstitutional cloth.But by 1976, and in the premise, "the death penalty must be executed properly,"
down, to make a decision to accept the death penalty.Since then, all States have the death penalty, death penalty law signed in March 7th this year, the governor of New York, is American thirty-eighth to restore the death penalty state.But, nevertheless, the
these has to restore the death penalty, in the execution of law are very carefully.In order to ensure a good kill innocent people, the state government to set up an independent counsel, designed for the death to defend and help them
v..USA in 1967 to between
1977 years, no death penalty case, since then to 1993, the country has 2716 criminals were sentenced to death, however, the real implementation of less than three hundred.That is to say, in 26 years, American only
to three hundred criminals were really put to death.But the debate about capital punishment still continues.
In such a context, the prosecutor must consider, if the beginning of Simpson that ever black sports hero who seek death, is likely to make the jury in considering the defendant \ "guilty", psychological pressure is too large, it \ "not my hand".Therefore, the prosecutor dropped the request the death penalty, I think, it should be said that this is a more sensible.
when formal trial began, as usual, requiring a defendant when the jury's surface to answer once again, whether self \ "guilty".In general, the defendant is the simple answer \ "guilty \" or \ ", \
not established".However, no one thought, Simpson not only be in the blues a trial like (a jury trial is not present), and enough in a resolute and decisive replied: "absolutely not
established charges one hundred percent!Hyperbole "
this Out of the Blue, in court is probably belongs to the first, the purpose of this course is beginning to leave a strong impression to the jury.For a time, we pass into a proverb in court.The day you in the America everywhere to hear everyone in the
said \ "absolute" one hundred percent how.Anyway, as the defendants denied the charges, \ "the trial," it all started.
trial process in the long American, part is the taste of most of the is hearing.Because the hearing process is both lawyers, competitive against the process is also the two branch \ "sports team \", first by the prosecution to provide evidence and witnesses, but after the
, provide evidence and witnesses.First, we most probably it did not actually happen to think that, in the court the most awkward people must be told, found that is completely mistaken.We see in USA court, the most awkward actually
is not a defendant but witness.You will say, the witness is not provided evidence?How to be fazed?This is because, regardless of witnesses is a positive or negative evidence, regardless of his statement is that the defendant has
crime or not guilty, he would ask to withstand the opposition before a jury.A witness in court, he must accept the both sides of the question.Both the prosecution and the defense, to question the witness is the most skills
sex work.If you are a witness for the prosecution, so, the prosecution questioning is generally relatively good deal, however, the question is entirely possible that you get more than one bargained for.And vice versa.
in American court, the most important thing than the evidence and testimony, therefore, any evidence to pass batted the blood test, inspection report, the defense will be offered to a blood sample please experts
.Every word of witness, may also have an important basis, by the jury convicted so as, the reliability of testimony of witness, the reliability of itself, of course, are within the scope of the lawyer in question.So we see, if the
America court to \ "playground" words, the witness is the movement of the \ "both competition and the ball game".
During testimony, prosecutors and defense lawyers can do
sentiment is a question.What questions to ask, what method are much attention.With the view of a party, must through questions and answers to the side of the witness, the jury that the testimony is reliable.And on the other hand, it is
reverse rack one's brains, he must make every attempt to put forward some witnesses felt difficult question to answer, or let the answer of the witness or witnesses appear contradictory, stimulate feelings weak point, the witness in an emotional testimony loopholes,
or even directly on the witness's credibility and reliability.In this case, there is no courtroom experience witness of course are likely to be asked to be thrown into a panic.
However, not
any questions can be asked.Some problems in the \ "foul" list, is not present.What questions can ask, what problem can not be asked, by a judge to grasp.This time, the role of the judge is reflected.A
when put questions to the witness, the other side is * * in constantly to \ "problem," itself a foul."**\" put forward, the judge will \ "whistle", announced on the \ "\" itself is not the
.If approved, the witness can answer, if not through, the witness must refuse to answer.So, what problem is a foul?The most common is the "irrelevant" question, for example, witness the
's credibility and moral quality is often questioned, this class of problems is proposed, providing the witness one of the parties must \ "**\", in order to protect their witness, at this time, see the judge.If the judge \ "and the case
feeling independent \", questioning is halfway blocking back, the witness can breathe a sigh of relief, if the judge considers the reliability of expert witness this question itself, are related, and the reliability of the identification of his testimony, witness had to
pumping a cold gas, good prepare for some overbearing questioning.
There are some leading questions is not allowed, for example, you cannot define a fact, ask the witness is not
so.This is foul.The same problem, sometimes from a point of asking is possible, but change an angle to ask a foul.In American court, is quite nervous.Question one party always try to make some questions asked
, induces a witness told of his party favorable testimony, it almost always results in the problem formulation proposed \ "**\", the judge is constantly in each of the \ "**\" as \ "by \" or \ "no
it \" judgment.Once a judge judgement, * * Party may once again to the judge's decision to \ "**\", then, the judge again his decision, he will simply tell the judgment reason.
in this process are very high requirements, for lawyers and judges.They should not only be familiar with the legal provisions, but also must be familiar with all kinds of cases, I mentioned, have been in front in the America, before the case is
sentenced after trial basis.Therefore, lawyers in the \ "**\", often put forward a case in a law or used as the basis, explain yourself, "**\" well.The judge in this case, of course, is the first to
these Provisions case law reaction come over, then, should immediately from his familiar case to find out their reasons retort.Then, the * * if one party is again not satisfied, can \ "on the spot to obey the referee \".The
process: questioning, * *, judgment, and * *, then determine and explain the basis, as is the decision process in the sports field in the fierce competition, a minute or a few minutes to complete quickly.Because everything \ "rules and regulations
\", "the referee" absolute obedience to authority, so very smooth and orderly, a sense of rhythm.
In American court, the largest foul than \ "disputes,"
.The court was able to so order, before the jury \ "no disputes," regulation plays a big role.During the trial, the party is in question and the witness of dialogue, \ "**\" of the party is the dialogue with
judge, the prosecution argued both sides is generally not a dialogue with each other.Once the dialogue between them, usually with a \ "dispute" means, the judge will in this \ "seedling \" has just come out immediately stopped, there is
is immediately sentenced to a fine.At this time, prosecutors and defense lawyers had to immediately took out his checkbook to pay the fine, a $200 fine caught red handed, \ "disputes," eliminate, the normal procedure to continue.Simpson case
trial, the prosecution argued both for \ "disputes," and was the judge fined on the spot. In questions to witnesses, is absolutely not allowed to \ "disputes".And witness all dialogue can only be in the form of a question that
now.Even if the question of party found the witness is obviously there lie, he cannot directly on the witness said, is this your lie, not only because this is not the "questions", but also is a kind of \ "disputes".In this case
, the questioner can do, is to continue the way questions expose the lies.In general, can achieve the purpose of.And the witnesses to appear in court to swear to tell the truth, lying committed perjury in theory, is must take the law
law responsibility.All lawyers have a set of the affirmative sentences into questions.
In Simpson's case, a stage is the longest by the prosecution to provide evidence, this
stage lasted about half a year, almost every day.You in the related reports in China must also see, for the football star is very bad.At first he couldn't give the most important so-called \ "is not to prove the
\".The day night, Nicole left at ten o'clock to the mother had a phone call from this phone call to Simpson, then a taxi driver in his home phone, this time for 45 minutes.This is Simpson's
critical and controversial for a long time.Simpson himself claims that this time he was sleeping alone at home, therefore, not to mention the witness.In this case, the focus of the prosecution argued both sides of the argument, is whether Simpson could in this
time completion of all the action.For this, they always hold different opinions.Defense lawyers said, time is not enough.Because the knife, the relative need time, and he must return to the two housing
between.Two healthy adults may not fold one's hands and await, no fighting, perhaps because Nicole is a female, appear weak some, Goldman is a robust young man.
but, finally gave the impression, kill goes well, perhaps the time is enough.At the same time, but also to all the people leave some questions, one is the time is enough, the two is as a premeditated murder, Simpson
why adventures to own only very short time.During this time, he had to drive back and forth, murder, and then the dressing out card (weapon and the murderer dress shoes has not found).He must finish everything in this section
room, because he is behind the time arrangement of their own to blocked -- he did not witness that he \ "is not in the field", but also about a luxury taxi to his house to take him to the airport.If it is a
a premeditated murder, this arrangement is unreasonable.
Because he booked a taxi, there is also very unfavorable taxi driver's testimony to him.The driver's testimony
said, when he was outside the house is ten twenty-two, call in, nobody answered the phone.Wait a, calls a few times, still no answer.Contact him whether to leave with the boss, the instructions are \ "to continue to wait
\".Then, he saw a figure like Simpson black Simpson went into the house in the dark.Then, seeing lights, he calls again, half a minute to a minute or so, Simpson on the phone, he told the driver
overslept, immediately.People listen to this testimony, can think so, Simpson missed the car a bit, is to rush back to pretend overslept.But, even so, the \ "the most stupid and
kill made \" \ "joke,"
in people's mind is still lingering, because, if he agreed with the driver of the time, he is almost impossible, "time," come back, why should he stupid enough to advance about a person home, to prove his things when
hair not at home?
The driver as a witness, clearance is still relatively smooth.His testimony was his mobile phone telephone records confirmed, because he had many
and his boss contacts.While some of the other evidence the police witness was the defense lawyers very harsh interrogation.What impresses us most is a foreman, he was picked up two bloody gloves as a key evidence.He is not the
Losangeles police department homicide members, he just happened to be the day when the night, received alarm telephone is him first.Some initial evidence, including the Simpson white Ford's car, the two bloody gloves,
and so on, which he found.Since then, homicide person arrived, he took the case out, haven't his affair.So, as you can see, he is led into this case, time is not long, but his position in the case
is very important.He is the hypothesis may be due to racial discrimination and the main target, planted so, this section of the hearing to him quite difficult.However, Forman at this stage performance basically makes
prosecutors satisfactory.Although he was the defendant lawyer's repeated questioning, he was still able to do Fight fire with water., seems to have no what big trouble.How to find some important evidence, he can come one by one, no
Mody.For the defendant lawyer accused him of racist remarks, he categorically denied.He is very firmly said, in the past, at least ten years, he has never used the word "nigger".
Another in court is very awkward, is a Chinese police officer surnamed feng.He was engaged in technique.Various institutions in the Asian America in small head, as the technical aspects of the considerable.After the crime squad, is he is responsible for collecting evidence.Therefore, he is also a key witness in the case, "the evidence reliability \".
Blood samples
evidence in this case is very important reason is the police report, Simpson received his ex-wife died after a phone call from Chicago to catch up, back, and with a cut.He claimed to be broken in the hotel
glass cut.However, the prosecution to prove is, found in his car and the site of blood, Simpson gene, that is to say, to prove his fingers before going to Chicago, in the murder scene cut.
In the beginning he accepted
lawyers questioned, officer Bong is very calm, asked all his evidence collection process, he answered with confidence, also look not what.He is really underestimate lawyers careful.On the occasion of the real
, then the whole process of evidence are video, this is police work record, according to the sixth amendment to the constitution, the defendant has the right to face all the evidence of their own, so the video on the defendant lawyer there have a copy
shellfish.
In the trial process, whenever a party, they find a new evidence to the jury, please out of the court, and then discusses the legitimacy of evidence is to a
.However, the defendant is entitled to attend some of the.The evidence is not to engage in a surprise attack on the court, a sudden out.All the evidence must be provided ahead of time to the court, to open the
proof and evidence to illustrate the problem.So, before a decision, the other has a sufficient time to prepare, the research evidence and anti investigation, looking for holes in it, consider what kind of strategy in front of the jury to
this evidence to refute.This is both plaintiffs and defendants have the right, one part is a fair trial.If not in accordance with the provisions of the earlier evidence presented to the court, is a foul, the evidence will be the judge rejected a
vast.In this trial, the defense and prosecution had evidence of late to void the situation.Therefore, all the evidence both have a copy of the.This is also the lawyers face witness all have a well-thought-out plan, reason can be put
draws a lot of problems.
I think, if the next time the officer Bong if there is to chance, he not put these video saw the whole to back away, because, after a hearing is really call him to have no Yan elders.
hearing his first on stage after the end, the defendant's lawyer immediately in court on the release of the police forensics work.Anyway the witness out and first officer Bong has many discrepancies.Basically all the technical details
problems, for example, he said, the evidence is according to the operating rules for pollution prevention measures wear rubber gloves, but in the video is not so.For example, he said that one important evidence is his own personal collection, operation is
technology level is not enough. The video there.In addition, blood samples were obtained to not timely submission, in a hot car place too long unattended.In a word, this kind of problem a lot.I taste too bitter
fruit Feng, in court, sad, and in the video contrast enormously proud of one's success, immensely proud.The problem is the defendant's lawyer is not satisfied with the von positioning in a \ "scatterbrain" image, they pursued von personal quality
questions asked.They are by asking questions, so that the jury to leave the impression, the first stage of Feng in front of the testimony, not a long time, memory is not clear is wrong, nor talk irresponsible, but deliberately lying, is intended to cover up
police Cao Jian, evidence, there may even steal the evidence for the truth.They want to let the jury understand, Feng is not only a liar, but also may be a sinister, harbour evil intent designs, deliberately conceal the truth.When
bad questions such as surging Flood flood, the witness is really hard to withstand, once, Feng seems like than the defendant also like the defendant be thrown into a panic, used to describe is absolutely not excessive.
due to von relates to evidence is particularly much, so the time is also particularly.After many days, as long as the Feng finally over, and let all the people have experienced a dramatic ending.When he finished
hearing, when did leave the witness box, he walked through the prosecutor's seat, very embarrassing and prosecutors shake of the hand.This is entirely understandable, he is supposed to be provided by the prosecution witness, the prosecution of course have great expectations for him, hope the technical officials
him as a responsible for collecting evidence, at least can provide a powerful testimony to the court and jury, that the prosecution of forensic evidence, evidence is scientific and fair, no the switch may be, but Feng is
so that they greatly disappoint one's hopes.At the same time, because of his evidence of contact is particularly much, if be no trivial matter. poke the loophole, influence.As a professional worker a crime, Feng certainly know the trouble is not small.Now
wood has a boat, both sides shook hands feeling of course is very complex, but very good understanding of.Let a person exceeding one's expectations beyond it is Feng and defense lawyers were scenes. When von awkwardly and prosecutors part, then the defendant lawyer's seats, but beyond all expectations to expression is relaxed and warm and they shake hands and embrace, scenes of \ "touching", became the Simpson case reports of maximum heat
point.But in the American who also did not say he is eating the wrong what medicine, so \ "love, for a few days to launched a fierce offensive to his opponent".Only in some Eastern people here think that \ "can also mean", also
Xu he is \ "Oriental logic Out of blows friendship grows," said \ ", perhaps you also to work, not for me there, I don't blame you \ tolerance" oriental.Who knows?However, such a field
face, God knows what happens to the jury, which is the focus of all the people really care about.Because all the court rack one's brains, not just for the jury to leave an impression?
Next, there are a lot of boring gene test evidence.The evidence who understand all useless, on the court, is to the jury to understand and believe.Therefore, in addition to show evidence, a very important point is the expert on the court, the jury to gene class, explain to them what is gene, what is DNA, etc..
I always believe that the scientific evidence, this is also I started to think one of the reasons why Simpson can't get rid of.When the half, I see a real case happened a few years ago from TV.In this case, a long time so I can not forget.
that is a common America women, one day, she found her baby suddenly ill, she sent him to the hospital, the doctor check, announced that the child is poisoned, and the hospital laboratory results showed toxic
babies eat medicine, is a kind of automobile cooling liquid of the east.Then, the hospital called the police to the police.In American if is related to the crime problem children, is very serious.In view of the fact that no other human contact poisoning babies, children and
has been the mother in the feed, the woman suddenly get rid of.After the children to come to the rescue, is specialized institutions for adoption, separated from parents, pending investigation, can in the time to see
wish each week.At the same time, the investigation on children poisoning incident, the police to search in their homes, in their kitchen Diaogui, did find an empty coolant tank.Because of the popularization of cars, have the cooling liquid in the USA every
, but because the cooling liquid toxic, the general did not put in the kitchen.At this time, the children's grandmother, father and mother to temporarily adopted children place to visit, after the children come over, look very healthy,
before, the mother of the child alone with children in the reception room, the door ajar, grandmother to see her with the bottle to feed the baby.
When they returned home, notice, the child again with the same symptoms of poisoning was dying, final rescue invalid, the child died.The woman was district attorney with first-degree murder charges.After prison, waiting for the trial, she found herself pregnant again.She always denied his guilt, but apart from her husband, other people are half-believe in.
in court, the most powerful evidence is the hospital that the last report, laboratory findings, before dying in total there are about half spoon, the child's blood.The woman had a lawyer, his defense strategies obviously can not
convincing.Finally, she was found guilty, sentenced to life imprisonment.She began to appeal against the verdict.At this time, she gave birth to second children.The child was born and the father lives together, before long, the
the same symptoms of poisoning in second children.The child's parents and sorrow and joy, even though the child has problems, but at least that it and the women's independent.But prosecutors did not agree to second children in front of the prosecution case denied.Perhaps
what people in order to save the mother, to give second children to feed the coolant?
At this time, she was hired second lawyers.At that time, she experienced a long disaster, has
after lose heart.The lawyer to take up this case before, also eat not to her whether poisoned her son.She was due to a previous lawyers fail, lose confidence to the lawyer.Therefore, first, between them
communication is not good.But when the lawyer really believed her, go to all lengths to investigate, at last he found many medical experts, found that the cooling liquid is an hour half-life in vivo, that is to say, every hour
will have half is discharged in vitro.Then, according to the woman last feeding time, to the child blood test intervals calculated in this way, if the test can determine a half tablespoon coolant if the child body,
his mother had got him suddenly poured down six!
This proves that one out, prosecutors immediately to the prosecution to withdraw.After the medical expert on repeated identification of her second children, that their children have a very rare genetic diseases.The incidence of symptoms like poisoning.The laboratory of the hospital was certainly First impressions are strongest, engaged in sloppy.So far, this woman also retains the right to sue the hospital laboratory.
In this case, at least I know, a look have mastered the scientific evidence of the case, does not mean that lawyers have nothing, but not mean it will not happen again in miscarriages of justice may. During the hearing in the case of Simpson
, also occurred in the case, a twenty something women accused of robbery, as determined by the victim identity is she.In such cases, the victim identified, often become the key evidence.She
himself not only provide no not at the scene of the show, but cannot tell the oneself in what place.She pleaded not guilty, however, was eventually found guilty in prison.In her prison about seven months or so, it
are criminals were arrested for other cases, also confessed to the robbery.At this time, we found that, the two women look so alike.
In fact, the suspect said
confession is most to the satisfaction of all.Of course, there are also some criminals while not guilty, but obviously belong to the \ "give dying kicks \", such as, a large number of witness saw the crime, irrefutable evidence, was caught red handed.It
as I mentioned before, at the New York subway opened that black indiscriminate shooting, he armed with semi-automatic rifles, in the aisle while walking along the shoot, resulting in six people were killed, nineteen injured.He was declared not guilty
in court.At the same time, he is not a lawyer, asked to defend himself.As happened in a crowded subway, witness (including the injured survivors) many, the Jamaica immigration but in self defense □ □
said, all the witnesses because he is black and trying to bury him.Although he does not deny that the gun was his, but he argued that people took the gun from his hands, kill people again put the gun to his.He was in court is
suits, speak with fervour and assurance, with a strange logic than is the passion of saints, but I believe that when all the jury unanimously, that his six first-degree manslaughter \ "guilty", must not have the slightest psychological burden,
also won't have anyone to believe him been wronged.
The difficulty is that no witnesses saw the crime suspect, denies guilty.In this case, to confirm the criminal
is sometimes very difficult.You can see from the I mentioned cases, sometimes even with the witness, are identified in error.A laboratory report, may also produce deviation.But as a citizen of suspected, it is
may be an evidence of bias and pay the life as the price of freedom.You must understand this point, in the America such a freedom of citizens see above all else, no one is willing to see this happen
.An innocent people lost their freedom, Americans think the most intolerable.
When the deposition in the Simpson case stage long all America make lose patience, a
days, I and a group of American friends chat to the ongoing trial, people began to make fun of the judge, make fun of lawyers, with make fun of this trial.Later, one of the white girl named Delhi said, no matter how you take
laugh at the trial, but one thing is for sure, if in the end or not sure whether Simpson was guilty, then, there will be two kinds of misclassification may: that he is really kill people being discharged, two he didn't murder and sentenced to life imprisonment
.In these two cases, I killed a man and was released to him, also is not willing to see he is likely to be wronged, but stay in jail.For this, all the people present were agreed.
but, there are few places they apparently successful, first pointed out that the forensic process operation is not normative, blood storage leaks, Simpson put forward by the police to test blood pumping less (that people use the
blood to plant plant to provide a realistic possibility, to put forward the Simpson time) also.In addition, a scene to the jury left a deep impression, is to let Simpson try at the scene found that the bloody gloves.
despite prosecutors then mobilize all means that glove was size is appropriate, but some shrink, but in the court, Simpson struggled to get the two big hands go into the apparently small gloves, I believe such a
scene than any that impression is more.
However, when a witness for the prosecution have the testimony, and did not give a person a kind of situation clear feeling, also silk
did not see the signs of absolute victory.In USA, accused the police has a lot of evidence, but in turn accused police of the plant, which is still rare.If the defendant lawyer don't point out what trick
come, it is difficult to win the trust of the jury.At the same time, the situation is not clear state, to the prosecution is an ominous sign, because it shows that the prosecution evidence is still in the process of being challenged.
During this time, Simpson also tried his best in the outside world for sympathy.He set up a free telephone hotline, to collect clues to find the murderer, money reward is offered for the capture of the murderer, while he was still in prison wrote a book for yourself.From my feeling, these moves have little effect.People still half-believe in. When
, in the middle of my Americans around, many people are inclined to think that Simpson might be killed, all according to the main or feel, think beyond him, can not find another person to have such good kill
human motivation and so suspicious points.At the same time, they also believed that Simpson was finally able to \ ". \", because they are familiar with America judicial system, providing sensory prosecutors evidence did not reach the impeccable degree.Because of
this conviction, as such a major case, it may not be enough.
Because of the time dragged on very long time, isolate the jury has reached a record level.In the meantime, there are ten
jurors due to various reasons, or is disqualified, or voluntarily left the jury.Fortunately, twelve jurors, and twelve alternate jurors.From first to last, alternate jurors are together in the court and jury member of formal
trial activities.When a jury was left, there is an alternate top.Once the alternate top all, someone must withdraw from the case, the trial may be due to insufficient number of people
jury failed, starting all over again.Therefore, all people have to sweat in a pinch, the trial has been so long, but never at the last minute because the jury underrepresented messed up.Fortunately, these people left a
straight to the end.
The jury is the most mysterious group of people court.On the one hand, because of the mystery of their hands, "the sway" caused by, the other party
surface, the courtroom camera lens has been swept to all the people, everything is open, only the jury had never before you appeared.Because this is not allowed.Therefore, whenever there is a jury \ "from the mysterious
exit", there is always a crowd of journalists followed.Generally speaking, they are covered over, rushed into the car, he never showed up, because they do not want to because such a jury experience.
ring for yourself and a quiet family life.But, also once to unload the identity, free of legal constraints, can answer questions, and even a television interview.Looking at the jury, I sometimes shouted: America
people let the people decide a major decision!I be served, ordinary people it's complete from the road to come, ordinary let you think impassability: one of the world's most advanced science, national industry advanced,
how all major decisions have to even be illiterate people, but let a big the side of the stem, help law!
The defendant lawyers provide witness rarely, compared with the
prosecution hearing time, this period of hearing time is very short.But, out of several national, and even international level master.There is a Nobel prize.Perhaps it is because we are Chinese
, we pay special attention to a Chinese witness, in fact, his appearance also attracted all the people's attention, because the doctor Li is a senior criminologist at the world famous.He is Simpson's lawyer, Shapiro's friend, their familiar is
naturally.Shapiro is a lawyer, hand over is big, but Dr. Li is a famous criminologist, gave Shapiro a lot of help from a technical point of view.He had many cases with the crucial evidence.These cards
according to, for as a criminal conviction, but also help the suspect to escape, he just stood in the scientific point of view, scientific evidence, it is his work.He is the scientific research achievements and avoid leaning to either side of the scientific attitude,
generally by the relevant field.Simpson has just returned to Losangeles from Chicago, he received a Shapiro to assist in the scientific evidence request, and subsequently agreed to testify in court.This kind of expert as
syndrome are paid, but he was clearly very much cherish the reputation of Chinese tradition, in before appearing in court, will announce a $fifty thousand to return to the Losangeles police department as the education fund.Why did he go to work for the prosecution
for the Losangeles police department?As the main contents of his testimony is the Losangeles police forensics work problems, especially the main forensic detective level is too bad.Coincidentally, the main forensic detective's defense lawyer of attack is
chinese.Born in Taipei police academy, Dr. Lee is itself the Connecticut State Police Bureau of criminal identification laboratory director America, that is to say, he was an employee of the Department of justice subordinate units.Federal and State Department of justice is on criminal cases
prosecution, significant murder suspect he went all the way from northeast to southwest USA to prosecute for another state.This is a very normal thing in America.To provide the scientific evidence, whether as a defendant, or
for prosecutors, for a scientific worker, is exactly the same, the difference is to testify against Simpson such celebrities, can obtain much better paid, but this time he put a predetermined return to court opponent.
but, even if he doesn't give the money, he also does not have any from the outside and their own psychological.On the contrary, in the defense has announced that he will appear after testifying, every TV experts comment is a praise, admiration, as if to appear to be a big star
.
He was affected by Simpson's lawyer Shapiro's Commission, made a physical examination to Simpson, to show that there was no fight in him traces, were presented in court
check these photos.He also according to the crime scene photos make some inferences.One of the more important, he is in the analysis of a photograph, that one of the traces of \ "likely" or "second feet
India \".If this proves to be true, would be a major breakthrough.Because in addition to the victim, found only one set of footprints, although the perpetrator's shoes has not found, but the footprint dimension and simp
Sen consistent, but is determined, it is a pair of only the rich will make expensive shoes.Prosecutors think, Simpson crime is one.Dr. Lee's discovery is a "reasonable doubt".The criminal law is a
extremely important principle, as long as the defendant \ "reasonable doubt" can, don't have to prove, this is called \ "without the burden of proof"; on the contrary, the prosecution must provide proof to \ "beyond a reasonable doubt
\", this is called \ "with card the burden of \" or \ ", the burden of proof in the prosecution \".
Therefore, the prosecution in any case is not willing to this point is broken, they also
again please crime experts, Dr. Lee's push to deny his.In court, prosecutors from his work in the video out his operating irregularities.At this time, outside the courtroom and unforeseen circumstances.Dr. Lee after refuted
, in his own laboratory opened the press conference.He says to the reporter, own conclusions and refute his expert is not what big conflict, because he had told the court that "there may be second pairs of footprints
\", he never said, "certainly".At the same time, he also for prosecutors to pick his do not regulate the operation of the fault is very angry, accused the prosecution in his operation does not fit in the process, do not provide proper equipment to him, so that he could not find
gloves, only illegal operations.He also says to the reporter, he regretted his involvement in the case.It is anxious to justify his testimony, a time of public opinion.Generally speaking, the role is in the law
court testimony, witness the success and fail in the court.Outside the court, you re explanation of what their testimony, the jury cannot hear, for this case is useless.However, it has an effect on the
court people apparently, is obviously bad for the defense.Defense lawyers certainly did not expect so.I think this is also the Chinese heavy personal reputation of the psychological role, he is most concerned about, is their long-term to
to build reputation don't suffer.Dr. Lee held a press conference the jury is not known, but as the world famous criminologist, he made all sorts of analysis the conclusions made in court, the jury
group should have a great influence.He aimed at the blood evidence the prosecution proposed said, \ "in these circumstances, I can only think that is, there is something strange.\"
But the real drama
plots, is in found blood glove officer Forman body.No one thought, coincidentally the things of the world, as a key prosecution witness Forman, even in the last ten years, and let a playwright
recorded a number of his speech.This is because the playwright to collect the Losangeles police life material, through friends, paying foreman recorded.You have to admire the lawyer Simpson was hired, how do they put the
some evidence to a hand.This is the last stage of the whole long trial, on such a climax, came almost to the judge to give out of the office.
Because the judge Ito's wife is high rank officials in Losangeles
police, was the foreman boss.The foreman studio, not only have a lot of attacking the black speech, there are many derogatory Hispanic, Jews and women's speech, including the judge wife
attack.So, the prosecution judge himself was involved in the case, involving his wife's content in the recordings, may make the judge determines whether to allow the recording a time affected by emotion and made an unfair decision
.Therefore, asked the judge.Ito was in court tearfully confessed to his wife heard, attack, he will be the same as ordinary people, was deeply hurt.This is really exciting.Very not easy to adhere to this field trial
judgment, because lasted long, has received a lot of criticism.The jury retired ten does not say, now even the judge will lose.Finally, after two days of fierce debate, prosecutors finally make a decision, with the judges wife content in advance
wash recordings, no longer requires a judge's recusal.We finally Panasonic breath.
The jury in this period of time is certainly out of the courtroom, this period of crisis, they are not know.
The group does not
in the presence of, first in the courts play a foreman tapes, to determine whether these recordings can be and what can be put to the jury.That put the tapes, court atmosphere dignified, Parrotbill
silent.Forman tape not only echoes in the court, but also echoed throughout the American, shocked all the people.You can feel, this is a \ "to coax cattle \" good guy, boasting and audacity, he made no secret of his
hatred of blacks, boast of his breach of privilege.The most serious is, he describes the illegal police perjury and planted with completely positive attitude.Five months ago, he in this court, vowed to speak the truth and Xuan
said his ten years, no mention of the word "nigger".However, now in the same court, you can hear, he declared that Losangeles City Hall in black are the together shot.In fourteen hours of recordings,
him more than forty times with the \ \ "nigger".All this, believe you are reported in China have seen. This recording is a shock for all the people USA.I've given you the letter
mentioned, in fact, now even the three party K, also can avoid the use of direct racial insulting language in their propaganda, because in the race USA, thirty years there have been great changes.However,
due to historical reasons, all because of the very complex factors, race is still a sensitive is American.Hear the recording, black of course feel angry, most are not racist white, also feel very
embarrassment
However, when the most direct emotional agitation after in the past, most central topic is of course, Forman recording would give this trial what.I think, this should be the first to say
said before this is what kind of situation.I have mentioned the general opinion I around the Americans in the last letter.In fact, every night, there are a lot of legal experts in the development of
made many authoritative comment.For all the cases in the trial, as time prolonged, differences and disputes are increasing, but brought up in Forman recording before, legal experts, most think, this case will accompany
because the jury disagreed and unable to make a decision.
You may ask, what does this mean?This is because the law USA, whether the jury finally make what kind of award, is \ "guilty \"
worth mentioning, is \ "not guilty" or, must be the jury panel consensus.As long as the opinion cannot agree, means \ "can not be ruled \", must be announced this time trial
\ "failed".After the failure in the trial, the prosecution must make the decision immediately, is re again trial, or cancel the prosecution, the \ "trial failed \" case closed.If you choose the former, so everything is
over the program must start all over again.Of course, if any, both sides can provide new evidence to the court, no new evidence, can also change the offensive strategy.I will take the field as a metaphor, the
sentenced to failure that this game to play and a, then played a game, fight.
Before the Simpson case, there is a very big brother two people shot dead parents big
case.Their parents have a huge property, look motive clear.However, these two big burly brother, confessed to the murder but do not agree with the prosecution \ "first-degree murder".They were in court shangsheng
tears down, said their parents long for their sexual abuse, recently they doubt that parents to their \ ". \".They are for self-defense, in panic to \ "pre emptive".This is set up
, conviction and sentence are not the same, a few years after a parole, can come out to enjoy the heritage.After the case trial for a long time, because the jury disagreed, announced that the trial failed.Recently a new trial.
trial failed, there is a possibility that revocation proceedings.Sometimes it is because the prosecution that the retrial may not make the jury agreed they proposed charges, will throw in the towel.Sometimes it is purely economic
reasons, the prosecution would not or could not bear the huge litigation expenses, so give up.In this case, is clearly in favor of the defendant.As for the decision itself must be the jury unanimously to count, this is clearly a
\ "cautious" provisions.In my opinion, it is further demonstrated the USA judicial system \ "would rather let one thousand, can not be wrong to kill a \" principle.
Why most legal experts brought in Forman recording will think the jury disagree?This is a reflection of the complexity of the case itself.It has a lot of the scientific evidence on the one hand, on the other hand, it also has many doubts and logic is not smooth.In hindsight, Dr. Lee even spoke directly to this case, the general can find
Scientific evidence such as NA are not many, but the case
NA evidence \ "more suspicious".Therefore, experts estimate the jury will have plenty of evidence that a sect, and that the case of doubt too many other school, experts think of
to unify them difficult to persuade through mutual.But after Furman recordings, most experts tend to the jury will consistent judgment of acquittal.Experts make this judgment, does not emphasize this is because the jury's racial mix.In the final with
jury, nine blacks, a Latino and two white.So in fact, what is the change brought about by the foreman recording?The two change is very clear: the tape so that the prosecution witnesses the most important from a trusted
is absolutely not credible, recording the defense the unlikely police on myth becomes possible.The first is based on the Mann first testimony is clearly lies, second is based on the foreman strong racist
tendency, to believe that he may have to plant Simpson motivation.
In America in the judicial system, the jury how to rule is a set of specification.For example, all the law as the
according to license character card, credentials, can not rely on lawyers for both sides, can not participate in their own ideas and opinions, make sure that no evidence can be judged guilty, etc..Here you can see, even if a
jurors themselves that there may be Simpson's case, but, as long as the evidence of doubt, he will still according to the legal requirements on the jury, judge \ "not guilty".
fairness in both competitions, the prosecution on this failure is obvious in strength against the defense, or to say, do not work.Because, on the surface, the game is in the court of the lip
shafts, but in fact, exposed only the tip of the iceberg.Such a case has a huge amount of work behind the scenes, both sides are trying their best to collect evidence, including a witness about myself and all the other witnesses
situation.As foreman recording, is the key information the key witness, if it is from the prosecutor and not the obtained this information, the prosecutor has probably won't let him as his own side of the witness.This
recording in a female playwright and Forman personally hand very good, she lives in North Carolina, and Losangeles distance than Shanghai to Xinjiang far more.The recording and is completely private transactions, that people should not
less often.Prosecutors did not grasp the situation, looked as excusable, but you don't get it, the other is got, which can't forgive myself.America court like a seek justice arena, any one party, such as
fruit in the critical moment appear rear empty, only living at their goal, a man is of no use.
These recordings are in ten years, on and off the record.Location of the interview is usually
quiet in the restaurant.Interviewing both live so far apart, can exchange and cooperation for ten years, their relationship is very deep.In court, she once asked her relationship with foreman, she obviously
to stammer a bit, and then answer, is the general relations of cooperation.The prosecution lawyer on the witness certainly hate extremely, so in the court, the prosecution lawyer said, if she again said, I must in court she gave Buddha
Mann's love letter.The reason I mention this point, also is wants to let you know, we can get the tape existing message, and can make the pure private recordings into a \ "evidence", do not
much work.
When the female playwrights of appearing in court, as the identity of the witness for the defence.In fact, she is not directly witness the case of Simpson, she just about
Forman and tape the witness.When the defendant lawyer proposed tape evidence, the court was also on this evidence should avoid the jury court, launched a fierce debate in the court.In this case the female playwright is not present in the jury
group out of the field.
Prosecutors can have a try to remedy the situation, so desperate to stop the tape player to the jury.When a melee, a high Deman father
speech outside the court.He questioned the defense lawyer, which in the end is the Simpson trial or the trial forman.Prosecutors also quoted \ "is irrelevant to the case," the regulations of defense, said Forman Is it right? Racist, and simp
Sen have just killed never mind, he is racist also does not mean that he will go on.However, to say that the recording and the case has nothing, is already very difficult.
In order to Shen
heavy processing Forman recordings, judge Ito decided to once again put to hearing from forman.Of course, the jury is not present.Foreman again came to the court, the day, the court is dignified atmosphere.At this time, he is no longer
police identity, tape a exposure, he immediately apply for retirement.Can say, as the case of witnesses, he was not in court is \ ". \" mess problem, he is almost acoustic ruin, lost
work, the future is boundless.He went to court, is already a symbol in the gain extreme notoriety of racist.Notable is, he brought a court his lawyer.Now he is in trouble, he also needs him
lawyers for the idea, the protection of his own.
Forman to counsel has quite a long period of time, before he was released on tape,
he encountered a big trouble, so, there have been two lawyers working for him.His recording with an exposure, a lawyer for the just announced his resignation.Many people guess, he is not willing to hire
main service such a notorious repute, is also possible, he felt such a \ "the dead tiger \", he have be put in a quandary.
The case of Simpson that we had to once again think of that law students laugh
words, and the relevant law responsibility thinking this joke caused.A lawyer should be a social role in what?I think, the lawyer was similar to a consulting and services, he is only to provide the relevant
legal knowledge, information and services.Between him and the customer is just an equal transaction process, the customer payment, to provide services for lawyers, any party is not satisfied with words, can rescind the contract.The lawyer is
special, make the industry more emotional and social content, add other than technical consulting industry but actually, put too much pressure on the role of the social responsibility of the head, is not only unjust, but also may make this a job
distortion.Therefore, directly seeking and pursuing social justice, would not a lawyer's duty.
A lawyer is a his duties, his duty is, not
on his customers is what person, in charge of customer costs at the same time, it provides legal service to reach the acme of perfection, his customers to maximize the use of the law to protect their rights of citizens.When every person in this world,
when necessary, can the law through this service the full enjoyment of the rights of citizens, the real social justice has been reflected.
In fact, for you and me, this road is very easy to get it
science.We have experienced and witnessed different historical stage for the \ "justice" in different social understanding and the different understanding.If the lawyer's job is done, "justice," the words, then you expect
he done what a historical stage of the "social justice", he himself also tend to what kind of social group \ "justice," understanding?If the lawyer has been asked to "justice", a large number of individuals
will due to the lack of legal protection and legal rights of citizens have lost their freedom, their most basic, the most basic conditions for survival and well-being of families, all has the possibility to become fashionable for a time the so-called justice \ \ "" a swallowed
off. Therefore, whether it is still significant murder suspect \ in pending in "live tiger \" or \ "the dead tiger Simpson, \" foreman or, as a lawyer for their service, does not violate lawyer occupation moral.
Forman in court for only four.Just a few minutes, but the court into the prosecution \ \ "waterloo".Forman to accept a series of questioning the defendant's lawyers, including the \ "what you said at the trial
hearing testimony, Is it right? Completely true?"" have you submitted false police report?"One of the most deadly is," in this case you have planted and false evidence?"In these
asked questions, the prosecution is almost kept jumping up \" **\ "to these questions, however, are when the referee judges by the.When the foreman received a problem, he put his head on one side, quietly to his lawyer.
inquiry.Then, he turned round, quickly and simply replied: \ "I required to quote my fifth amendment rights."With these words he like Rune as against all the questions.What is this thing?
I once in the first two letters, in the paper, the jury, mentioned USA amendment to the constitution, the bill of rights fifth.This short ten bill, in which each word for a American citizens are very
important.Can't say in what when can safeguard the fundamental rights of your.In fact, foreman cites the fifth amendment in one sentence, is the people: \ "shall be compelled in any criminal case to be a witness against himself
\".This sentence will be expanded as: cannot force a person to speak to their testimony.And this is a more general application, is you and many Chinese are very familiar words, read all the American TV series
\ "detective Hunter" or other USA police tablets, will remember, whenever the \ ", \" seize suspects, no matter how ran breathless, will while panting to prisoners in handcuffs, a
edge reciting the same paragraph, the first sentence it is \ "you have the right to remain silent".Those arrested are what \ "right" to keep silent?This is the fifth amendment to the Constitution gave the rights of every citizen.You have the right to remain silent,
, not to speak to their testimony, also asked a lawyer, he helped you out of trouble.I have a good friend Laura chat, I said, the police if forget to tell people the right, how will
like?She said without hesitation, it had to let him go home.
Be just perfect use of the fifth amendment, can be very effective in protecting their legitimate rights in American.There is a thick book here, the title is called "the fifth", devoted to how people in a variety of situations to protect their own."The fifth", is a legal term all Americans are very familiar with the.
actually, Forman police officers first, not the case. "The use of fifth \" to protect their own.In this case just started soon, a defense witness to testify for Simpson, she is Simpson neighbor
Ju maid, is one from the South American immigrants, soon to time, speak only Spanish, the court also came to her with a translation.At that time, she said in a key time, is the prosecution that Simpson is driving time that a
out murder, she remembered that she had seen Simpson's car at the door.Finally, in the prosecution questioning, we think that she is to the memory of the time is not accurate, so the case without too much influence.
but at the beginning of time, the prosecution for the witness to appear very nervous, set up a series of strategies to get her \ "attack down the \", one of which is the most important strategy is to attack her.
prosecutors thus collected her all the information, and then in court to her answer, why in the form in American frontier fill her date of birth, and her ID card on the date of birth is not.The
to one from the poor South American countries to American immigrants, is likely to America stay, engage in a little figure in some similar date of birth on the issue, this is a very common situation.But the prosecution is to use all
take advantage of the machine, the jury thinks this is a dishonest witnesses, testimony is not trusted.However, the prosecutor's problem just mentioned, judge Ito immediately halt, and then, the no USA legal knowledge of the South American
maid said, answer this question for you may be bad, you have the right to "use fifth \", don't answer the question, you can also find a lawyer, let him tell you how to deal with this situation.The results, the prosecution would not
to mention it again.
Therefore, the foreman the circumstance at that time, a lawyer for his advice is, cited the Fifth Amendment right against all the problems, because he has no substantial evidence
repudiation on Simpson's lawyer.For example, his first court testimony is clearly lies, if people are willing to, at least can pursue his perjury.Has he brought about
Yao false police report instances of his sound, etc..Now, if he be to answer these questions, not only those who answer is \ "for his testimony", or even "proof".At the same time, his
answer, will lead to the defense lawyer a bunch of hot pursuit of further questions.In this way, his situation will become unpredictable, lane is bad to still can lead a lawsuit upper, really by a witness who is a
report.In the face of extremely dangerous situation, he of course, first select the captive.His lawyer hired by him, of course, the first consideration is to protect his interests.It was impossible for him to go and what the Simpson case prosecutors dilemma, he did
themselves do not come.
So, maybe you will ask me, the South Beauty maid and Forman officer knowingly not \ "with no chink in one's armour", the court will be in trouble, so he
can therefore choose to avoid, not to testify in court?The answer is no..Because in that case, would be a violation of the sixth amendment to the Constitution by the defendant was right in front of me, has been introduced, in the Sixth Amendment
is provided, \ "in all criminal prosecutions, the accused shall have the right to put forward the following requirements: requirements by the crimes of the state and district justice the jury to a speedy public trial, and determined by the law which should belong to any area; to
and was informed that the accusation and reason; and the plaintiff's witnesses; to have compulsory means to make for the defendant's appearing in court as a witness; and requested by the lawyer to help defend."The South Beauty maid and foreman are good for the
, if they refuse to appear in court, the defendant may request the court subpoenas to force them to testify in court, the sixth amendment to the constitution to protect the defendant's rights.
The
as foreman officer recording female playwright, also belong to the same situation.In view of many years personally she and foreman, she knew, she as a defense witness, is detrimental to forman.Moreover, hand over the tapes of
, she knew she was in the eyes of ordinary people is always a \ "forget honour at the prospect of profits," private morality suspicious image, of course she couldn't conceal one's identity don't show one's face in public, at least in this case, the best all the people do not know that she is a woman writer
.Therefore, at first she was refused the request.In this case, the defense has the right to order her to court summons.The defense lawyer for American, is the sixth article of amendment to the constitution of the
in one sentence: "the defendant shall have the right to......To have compulsory means to prompt for the defendant's appearing in court as a witness."When the judge Ito said, he had no right to do so, because he has no right to command another state residents to him the method
in court as a witness, but must live by her North Carolina court a summons.Visible, her appearance is a defense lawyer working on lots of results, on the other hand, is the results by the constitution amendment protection.
due to the Sixth Amendment of the constitution, the USA witness protection problem becomes especially.In the modern technological development, not only can be recorded, even can do video, all this can replace
witness?Recording and video is available as part of the evidence, however, if the evidence is involved in a witness said, the accused still have rights under the sixth amendment to the Constitution and the face to face.If the witness
for some reason can not appear in court, then the defendant, although still be sentenced down, however, on appeal, he probably can escape.Because USA appeals court is not the case then review again, and
is reviewing this case is not inconsistent with the legal procedures.If the defendant in the appeal, his constitutional rights are not protected, during the trial, the court of appeal is to have plenty of reasons to reject the method
hospital decision. Results often become the key witness in a case, less of a witness to lose a lawsuit.For the prosecution, often have such problems, the case broke, The case is entirely cleared. fell out, can
is witness or dead, or gone, you don't have to watch the criminal witness, be still unpunished.So the protection of witnesses is very important.Especially as the drug cartels such a large group of crime, often to kill the witness as an important means of
escape legal sanctions.America judiciary so large in the witness protection program.Not only to ensure the safety of witnesses before the trial, or even a witness protection after security.Major cases of card
people, generally in the trial by the judicial department is responsible for America helped him and his family \ "disappear", safety awareness in a deserted place to start anew.Each of these witnesses, would take millions of American
element.In America movies, you can often see the story.
We return to the case of Simpson.Key Forman officer is, when Simpson's lawyer asked him: "
in this case you have planted and false evidence", his answer was: \ "I required to quote my fifth amendment rights"!You say that people will be how to understand this sentence?The most direct and clear
white interpretation is: if the foreman to make a direct answer to this question, the answer will be negative to Forman, or in other words, his answer will enable him to testify against himself \ \ "".That is to say, in the case of Simpson, he is
planted stolen goods, making false evidence.If he honestly answer this question, he will not be able to escape the sued for plant, it will be bad for him.But after he cited his Fifth Amendment rights, he didn't, "
proof \", others to prove that he is guilty is very difficult.This sentence Forman an exit, I think, prosecutors have been theoretically all is lost.
Despite the existence of another possibility as a matter of fact, he replied, only to withstand more problems surging, is only a strategy of his lawyer.His lawyer is really clever, Forman with changeless should answer, make him in court for only four minutes.As long as he on any issue with substantive reply, he can hardly so easily.
but, it is not to be the most direct consideration of Forman in \ "" \ "problem cited fifth.The day came out from the court black lawyer Corcoran, like a triumphant return from the battlefield general, station
in court in front of the spot made a speech, let everybody think, the main prosecution witness provided, when asked if he planted, he tried to use the fifth \ \ ""!What does this mean?At this time, the black group
woven \ "Islamic country \" and to the lawyer Corcoran sent several burly chap as bodyguards, looks really funny.
The law school professors say, the Buddha, the
position is "completely predictable \", the prosecution \ "can expect don't let the jury heard Forman answer.As long as the jury heard, the prosecution efforts will be doomed eternally.Minimum impact, is the
group does not believe everything and foreman."Indeed, the jury at this time was also live in a drum, outside all over the days, but they know nothing at all.Next, prosecutors have to do, is around how to stop
Guan Forman all were sent to the front of the jury.Of course, in my opinion, this is like the pre-trial stage they had tried to stop a total evidence, somewhat reluctantly.However, they did it in part.First, the Ito method
officials announced that, since the foreman decided to answer every question with "fifth", there is no need to let him in front of the jury again so again, also do not tell the jury foreman, no longer appear in court because he \ "by the
five \", however, require the jury brought him did not appear in court, one of the factors to test his credibility.Judge Ito not to tell the jury foreman, "the use of fifth \", his mind is obviously do not want to let the Buddha
man a meaning is not absolutely clear answer, immediately destroyed all the evidence for the prosecution.At the same time, judge Ito decided, Forman long recording, choose only the two segments are put to the jury.In the forty-one \ "nigger foreman.
\" recordings, the jury can only hear two times, but in the not too irritating statement.Has not agreed to the request, making up an excuse to play the recording police describe people, destroy evidence etc..The
by science, defense lawyers could not provide enough evidence, that foreman does in the Simpson case ", and therefore did not play with explosive testimony puts forward the required according to the.Ito still thinks, the defense related Forman plant
\ "this hypothesis in two aspects of theory and logic, still need to strengthen, such vague statement, also not mentioned in front of the jury as evidence.\"
It should be said, Ito
officer is struggling to keep a fair decision, he understood the foreman trial stage by recording the testimony is not the truth that the jury, and the tendency of his racist, and don't let him over the past ten years and no case of
very direct relationship the qwaqwa its talk, because its stimulation but the trial form influence beyond reasonable range.The defense of such decisions can be said to be very angry.On the one hand, before the jury verdict, will never have a chance to know, Forman
on plant problems taken \ "using fifth \" attitude, because it has not been approved a information, no one is allowed to disclose in jury in front, on the other hand, their expectations the tape was greatly
discount.But, also can only obey the referee.As a remedy, they also provides some witnesses.These witnesses are clearly to the jury that the foreman on black hostility and hatred of interracial couples.End the day after hearing of the
, prosecutors admitted, they fought a losing battle.
I believe that you see here, for I often the court to exercise field USA no longer surprised.To tell you the truth, this both forces of the enemy battle, equality and tenacious confrontation, and the referee to ensure fair trial efforts, often makes us surprised.
defense provide witness evidence stage, hearing with respect to the prosecution stage, is much shorter.People after a lengthy hearing, until finally the debate comes.Before the knot debate began, there are a few things I want to mention, a
is Simpson himself decided to give up the stand to testify rights.This right, is specified in the sixth amendment to the constitution, namely, \ "the defendant shall have the right to......With the confrontation of witness \ ", but the move to the
sometimes good, sometimes it is risky, because when the defendant take the stand, prosecutors have the right to him a lot of questioning, in addition to ask relevant questions, but also as far as possible questioned his personal quality problem, the jury group
leave a bad impression to the defendant.Therefore, whether the defendant for his testimony, usually by his lawyer for him according to the advantages and disadvantages of analysis and decision making.Two Ito was beyond all expectations to agree Simpson is not present in the jury's case,
published a short, for himself.Although it is only a minute, but the jury is not present, but the decision that the official was trembling hands, because this is not the witness, the prosecution cannot
questions to him.The defendant's lawyer to make this request must be carefully considered.This approach because not foul, so they also estimated the likely agree.Although the judge has the power to some court decisions, but the evaluation of Ito's decision
all legal experts are: \ "extremely unusual"".
In the concluding speaker before there is a very important decision, is the judge agreed prosecutors to
o, let the jury is not affected by the \ "all positive or all negative \" to decide, if the jury found Simpson impulse rather than premeditated killing two of the victims said, they can also be defendant convicted of "two rank
murder".Legal experts think, this award is the prosecution \ "great victory", because the jury had more space to reach consensus, may even make the jury to change attitudes.
but, I this think the prosecution's request to be wise.Because the \ "first-degree murder \" and \ "murder two \" there is a difference in logic.When the prosecution \ "resolutely put forward only charges of first-degree murder,"
time, once that Simpson is "in the summer wearing gloves, wearing dark clothes, carrying knives,", and the charges with the material, such as leather gloves, black wool hat......Wait.However, we
in the prosecution's request on the show that they don't have confidence in it, and at the request of the jury to consider, "murder two \" and \ ", those who have first-degree murder \" to match the evidence and
how to deal with?The jury in this case, they have every reason to question the reliability of the evidence.
No matter what, in the distance the primaries jury for a whole year, and open
started a debate.The so-called knot debate, is the prosecution argued both sides respectively summarized his evidence to the jury, stating your opinion.In the hearing process, lawyers for both sides in front of only the question, can they express their opinions
approach is indirect, therefore, this is the first time that the two sides, and the last time to express his full, directly to the jury support.This last hammer is embodied law level.Generally try to move on,
known the truth, because the jury is some large living, looked that who can give them to talk.
The prosecution to the jury to repeat the evidence, including the apartment, Nicole lived in the back door found bloodstains,
NA test and Simpson same
(57000000000 people have such a blood group); the scene found expensive shoe imprints, size the same as Simpson's; the perpetrators wearing a pair of rare leather gloves (one in the field, one in Simpson's house), Xin
Pu Sen had a pair of the same type of gloves; in addition, there is blood and Simpson car footprints with blood, his bedroom.
In defense, the prosecution had severely criticized the foreman, but stressed that, \ "foreman is a racist and his witness on this problem lies the fact, does not mean that we failed to prove that the defendant is guilty.If the jury as a policeman's racist attitudes and take no notice of such evidence, it would be a tragedy.\"
in prosecutors said Simpson had cut his finger, too hard on television videographers panned to Simpson.Judge Ito immediately ordered to disconnect the power plug, resulting in broadcast interruption.Because this move videographer
could make TV viewers saw Simpson notebook, this is serious violation of \ "between the defendants and lawyers communication must be confidentiality provisions \", this provision is to protect the legal rights of the defendant.However, after the judge immediately to
, responsible for relaying the institutions -- Radio and television news association with a $one thousand five hundred fine, fine, and resumed broadcasting.
In
waiting square debate, there is also an episode.Female prosecutor Clark very passionately to the jury to tell her how to face a cold always believe that Simpson is the murderer, determined to overcome the difficulties, he will restrain by law.The process
in Clark, the defendant's lawyer three jumped out of his chair * *.Last, the defendant's lawyer * * spearhead is pointing to the judge, the judge did not do justice to his * * * *, finally forced the judge adjourned the trial, the jury with
temporarily out of court.It seems the prosecutor Clark is \ "foul", after discussing the re trial, the judge ordered the prosecutor Clark knot in defense of after this, must not say \ "
I \" how, not allowed to use the \ "I \" this word.In her promise not to do so, and eloquence to continue.The defendant lawyer thinks, the front of her narrative is implied in the jury, she is in the
\ "stretch Zhang Zhengyi \", \ "justice for the victim \", \ "in moral \" pull high party belittled defence.Use this method to influence the jury, which in USA court is an obvious foul, not blame
defense lawyer is very angry, and * *.
In the concluding speaker prosecutors, Black Lawyers Dutton is the consistent high praise, his speech focused points, an emotional.Dalton was a year
light, giving the impression he is always just be loyal to duty.For what is a lawyer's duty of such a topic, in the Simpson case is not as easy as a joke during.This topic for America ordinary people, to
to law school students, the Dayton this serious lawyers, have become more and more heavy distress.He looks like a idealist, believes he is in for the victim's family members seeking justice, he suffered
additional pressure in this case, because he is a black man, was trying to put a "Negro hero \"
to life imprisonment, jail, many believe Simpson is innocent. Black people accused him of \ "betray brother \", but this only made him feel sad but does not make him feel distress, really bothered him is, he fought in the process in
\ "justice", he saw and his lawyer, in his opposition to work, and to see the fight, but they \ \ "".He was half in this case trial, published very
sentimental speech he said, if I have chance to choose again, is not likely to turn to be a lawyer.In USA, people actually have a very heavy, "the pursuit of justice," psychological burden.Looking at completely standing in this field, "the lawyer confrontation stance
the game \", many Americans also head out not to come in, "justice," the concept of circle.
Node defense defense lawyer is different from the prosecution.Lawyer Kakolen said, "we don't need to prove what
\ on the jury".This is in American court, against the biggest difference between the two sides.The prosecution must come up with solid evidence, the defense does not need any evidence, need only ask questions.So, in the end, Kakelun
is based on fifteen questions to end his knot debate.American judicial system judge a person guilty of the prosecution for the requirements, strictly to the harsh.In my opinion, is also in the implementation of "would rather let one thousand, can not be wrong to kill a
\" principle.In the concluding speaker defense, lawyer at evidence contamination and the police suspected of plant.Officer Bong and foreman again come under attack, they are described as "a demon of con \", the main object is the Buddha
mann.But defense lawyers have lots of exaggeration, inciting racial emotional words, for example, called the foreman and Hitler, is a "genocidal racist".I think, it is the defense lawyers have taken
this strategy, muddy the waters of this pot of water, in a fairly clear trial logic mask with a layer of fog.
Near the end, people's mood is agitated.The \ "for
group strategy \" is where the chaos.Outside the court, the high Deman and Simpson's family were published give tit for tat.Goldman's father is Jewish, he said, the racist containing words Buddha
man killed tens of millions of Jews, to Hitler, is fundamentally wrong metaphor.He also said, Kakolen hired bodyguard from \ "Islamic country \", he is not qualified to talk about what the problems of racism.I slightly
explain, old high Deman said, because "the Islamic country \" is Fala to the leadership, he whom I have mentioned before, the horse's.X daughter always suspected he was murdered the man his father.Fala
Ken in USA is notoriously anti Jewish another racist.The Simpson family has issued a statement, Simpson's lawyers.The race issue finally more hot speculation, the press has published black and white ratio on
Simpson \ "guilt," different views.Outside the court, began to gather some people, some high called \ "release", while others respond to \ "guilty,
NA\ ", others shouted:" let the jury award, this is America!\"
prosecutors last node debate arranged a dramatic climax, while playing. Before Simpson rushed to her home, she went to the police alarm recording, in her voice, jittery background screen, is a
two victims covered in blood.In a word, in the past few days, the prosecution argued both sides have made full use of everything they could use, including a variety of means, to convince the jury.After nine months, to
listened to the
127 witnesses trial, and finally to the judgment.To give the final jury instructions for judge Ito.These instructions are USA legal provisions for jury.Court judge Ito a quiet, every single word or phrase, clear
to read two times.Among them, the law, the jury in the case before, not talk to each other; in the collegiate before, not a fixed view of the case; the jury must according to legal judgment, but not with his good
evil; the jury shall not credulous lawyers for both sides, to the evidence as the basis; the jury shall not because of the two lawyers impression is good or bad influence on the evidence judgment; there is a conflict evidence on both sides, must tend to believe the evidence
prove the defendant not guilty evidence.What impressed me the most, is the last one.In Simpson's case, always had no direct evidence, all provide the evidence of both sides, are the so-called "love
conditions outside the evidence \".At this time, the most prone to the evidence is contradictory, and USA laws, in this case, is standing in the protection of the defendant's position.
After the judge give the
instructions, this case is formally handed over to the jury.Study on time for the jury, experts guess in ten days and a half months before.In this period of time, have no lawyers what happened.If the jury to judge
final instructions not clear, or the law still have what problem, the judge will give them legal guidance.In addition, the judge did not give it any effect.For the judges, the case has been completely surrender to the
.Due to the research on estimation of time is relatively long, so the court is almost empty, high Deman families even never leave are not present in court, only Simpson and one of his less the role of lawyers in the company
him.
However, in less than four hours, the twelve jurors said they had made a ruling, then, solemnly entered the courtroom, took the decision sealed envelope
to judge Ito.Simpson face dignified staring at them, he wanted to see a bit of traces.However, only two of them to his direction cast a glance, other people's eyes are avoided him.A general analysis of the jury
, avoid the eyes, nine in ten bad, so, when Simpson left the court, looking sullen.The judge decided that the second day at ten o'clock in the morning opened announced.
In the evening, the whole America people to guess, what's the verdict of the jury.All the details are carried out analysis and expert analysis, however, is still unable to agree on which is right.
I remember the
verdict is in the case of Simpson announced that night, I write this to you.I still remember all the people around have impact on that day.Losangeles's ten in the morning, afternoon is America east coast
point, therefore, that day I and friends had a very Hung Up morning.I once had a USA election, people are waiting for the new president election results is not so tense atmosphere.The press reported after it
, announced in the ten minutes, the whole America people almost stopped all activities, no work, no class, no phone calls, no toilet, everyone was listening to Simpson's decision.In Hacifu
International Airport in Atlanta, because everybody watch TV, the number of boarding delay Delta Airlines plane, a technical staff urged everyone boarding at the crucial moment. Results one hundred passengers, together with the roar, call her "
shut up".Banks in Miami, the teller stopped counting, queue disappear suddenly, everyone go to watch TV.The New York stock exchange did not stop trading, but after one o'clock become very slow, to
one ten, in the display of prices on the board, played more than a word \ "Simpson was found guilty of all charges. \", after trading resumed normal.Usually filled with traders deafen the ear with its roar cries of the Chicago futures exchange
, in those few minutes completely in perfect silence.Senior officials of the federal government in the capital, it was hard for them to admit, what is more important than they do business, but to this day, once the authorities several
almost shut down, from the White House to Congress and the federal agencies, many of the relevant national policy was scheduled for one o'clock in the afternoon held a briefing, hearing and press conference, not delay is cancelled, only for the trial of Simpson.People get a message with a variety of
method.The capital of bike messengers using radio results from company scheduling there, cried to tell pedestrians.
This American is unusual in a moment, the Americans themselves can't imagine.The differ in thousands of ways, most Americans actually act as one pleases, the same time, a national consensus, thousands on thousands of people doing a exactly the same thing in different places, \ "all the routine things are great curiosity swallowed \".
Although I like many Americans, dreamed of it, but I also like them, for a long time can not be back to normal from the huge shock.This sentence, contains too much.
The
country's judicial system is also looking for criminals, want to stretch, "justice", but at the same time, it admitted it faces a difficult, even in the case of complex cases, it can't do that, "good
sentenced to a good man, do not let a bad person \".Therefore, it is not hard to find the culprit.At the same time, difficulties in judging when a defendant, it tends to \ "or \", rather than "misjudged
\".This is my own summary of the \ "would rather let one thousand, can not be wrong to kill a \" principle.At the court \ "not guilty" interpretation, is \ "insufficient evidence, not conviction", rather than "the innocent,
\".Therefore, it is seeking "a fair trial".In the process of trial, the prosecution \ "to find the criminal \", \ "seek justice \" is not on the table, not
can be caused by any party to morally strong pressure on the other side.As long as the two sides in the legal norms of fairness, the counter, the decision, so, the system that the society \ "justice" is
done.I think Simpson in this case, the system requirements, the prosecution, is also intended to put a citizen to life imprisonment, jail to a party, in providing evidence at the same time, the evidence must be scientific, rigorous;
provide witness, the witness must.Such a requirement, it should be said is reasonable.Not up to the requirements, is the evidence is not sufficient, so the defendant on the home, you don't what to say.
such judicial spirit is established based on the bill of rights.Its starting point is to protect the freedom and rights of citizens are not violated.I have already mentioned, making the bill of rights, which is aiming for the government, especially the federal
.It is mainly to prevent the America government and government law enforcement personnel infringe upon citizens' rights, and even the breach of privilege, against civilians.A defendant, when he faced trial, he immediately face a great
strong.Here I want to talk about the accusations about Simpson \ "money to buy justice \"
.Before the knot debate, the government of Losangeles announced that, at the time, the procuratorial departments belong to the government, has spent $eight million fifty-one thousand seven hundred and thirty-nine, the money of course from the local tax.Investigate the cost
does not include the Losangeles police department.
From here you can see, a civilian defendant I said face strong, what is really not a easy topic.The police and procuratorial
departments can use to millions of money to carry on the investigation and proceedings to a civilian, they may seem honest idealist like Dutton as a lawyer, at least chapter law; there may be like the foreman would even
Bifoman worse, not only have some bias and no occupation moral law enforcement law breakers, framed frame are possible.Even if is an idealist, may also be under the guidance of the belief in a flat,
people against a and his belief in different.When a government, or a government department, when they for some reason, to an individual or a group of people see not pleasing to the eye, like \ ". \", their hands can be used, some
is likely to mobilize huge financial resources and the financial power, although the money itself is derived from the people.So, as you can see, a civilian if reduced to the defendant, in the government's strong before this, if the poor quality
law enforcement officers, law, and the use of this powerful \ "bullying" words, then the defendant was falsely accused, was framed, was his crimes, possibility of illegal insult, all is a great.If the Constitution and judicial
system is not explicitly announced that protect the defendant's legal rights, and resolutely implement the "fair trial" words, the society will have what \ "justice" to speak of?
Xin Pu
Sen hasn't released him in order to cope with this lawsuit used exactly how much money.But the general judgment is all he has already run out of his money.He must use will be earning to repay debt.No matter how much he used the money, I think
must first make clear the "money to buy justice \" this word meaning is not clear what, what is the accused.I want to ask is Simpson is where to buy justice, he is sent money to the prosecutor, judge or the police?Is
from them to "buy" justice?This is clearly not.He spent money, but buy is the lawyer's legal knowledge and legal service, he used the money to be able to collect evidence in all parts of the country, and on the basis of the
court fair and the other argued against.Here I don't see what the problem is.On the contrary, do not suppress Simpson \ "money to buy justice \", but should consider how to fund other civilians can also due to "buy justice \ \
".
In USA, this work must be done, because the sixth amendment to the Constitution stipulates, defendants have the right to request assistance from
\ \ "defense lawyer"."Detective Hunter" to be caught the suspect recited, "you have the right to remain silent, if you give up this right, anything you say after all be bad for you. \" in court, it
. \ "you have the right to consult a lawyer......"If a people can not afford a lawyer's words, then, he will tell you, the court will appoint an attorney for you.The constitution is the rights of the defendant lawyer.In USA lawyer
there is a charge for the service industry, how to solve this contradiction?The general court stipulate the lawyer must have a certain number of hours of voluntary service.This is the source of the court appointed counsel.I have told you before, such as \ "USA
Civil Liberties Union \" such folk organization, but also for the civilians to provide free legal services, they often can be made compulsory service in some very good lawyer.For some civil cases, such as involved in marriage, residence,
welfare and so on, America the federal government has a federal Legal Service Corporation to provide free, as can not afford a lawyer.The company has handled 1700000 lawsuit last year.However, this company whether criminal cases.
in USA, a defendant may take the initiative to give up your right to counsel, but not because of lack of money and was forced to miss this.Losangeles fire last year, I do not know how many houses burned forest, node
fruit trouble is a just crossed the border from South America. Chinese.However, he still has the right to a court appointed to his lawyer, I remember the sentence is very short, although the loss is astonishing, because he is
burning fire, belongs to negligent crime, not because he is an illegal immigrant, it exaggerated the crime, the aggravated punishment. A court appointed lawyer, certainly not like Shapiro, but if you have evidence that
Ming court sent you lawyers are not good, you can then appeal, reversed, I'll tell you this story.Anyway, so that everyone can get high quality legal services, this is a
the whole society must gradually to work.In truly should say this point before, can be more, \ "buy justice \" number, more reflected a kind of social progress.
In America, like the other nations
home, a lot of ordinary people is good, when seeing crime phenomenon of society, always want the law is effective for the punishment of crimes.Some of them will want \ "heavier, and promptly, strictly
\", make the society to settle down quickly.At the same time, there are also some kind of civilians, they feel that the criminal case is always a \ "against bad people \", \ "only bad \" will roll into things, since
has belongs to the "
good \" list, severe law case, fast, even if the errors caused by bad luck, but also no, what your relationship with yourself is the protection of the accused, a law needs its own never.
but, in fact, the law of a country's overall for its people, only when one is fair to all the time
protection, any one \ "person" can be in any case are subject to legal protection, so as to have the security.In contrast, if a society indulgent toward a part you think is "bad" careless treatment, the surface looks likely to maintain the \ "good" interests, but in fact,
in this case, has been implied to each person's civil rights.In certain climates, regardless of citizenship, trampling civil rights \ "bacteria", will with unexpected speed suddenly rapid growth,
threaten every \ "\", \ ". \" \ ". \" I cannot.
Protection for the America bill of rights and the judicial system, still not fully
to prevent miscarriages of justice.For example, suppose Forman tape is completely true, which is mentioned more than a bad quality of police perjury, the case against the defendant.The Simpson case was over, the justice minister has ordered an investigation into the
Losangeles police bureau.However, the design of the bill of rights and the judicial system, it is as far as possible in order to reduce this phenomenon, it is in order to make the American in the past, now and in the future, will put an end to the occurrence of large number of people died of a miscarriage of justice or
trapped in the miscarriage of justice may.One of its basic principles, that is not a social security as an excuse, illegal deprivation of freedom and rights of a citizen.Any sacrifice for a \ "personal" liberty and happiness in the family, as
for social benefit cost, the rationale for this approach is not recognized America constitution spirit.It does not recognize any kind of social requirements can be higher than the requirement of a citizen to freedom and happiness and legal rights.
remember a long time before I read a joke, said several people from different countries are talking about what is the most happy.Those from the UK, method, beautiful people talk about happiness, do not leave me what impression,
so that I have not forgotten is a movement from Stalin's Soviet union.He said, the morning when you wake up by a knock at the door, opened the door and found a man stood at the door and said, \ "Ivan. Ivanovitch, you are under arrest."
, you can say to him, "sorry, Ivan. Ivanovitch lives next door", this is the happiest moment \ "".When the government without any restrictions, so that the expansion to all the people will take this moment
as \ "Happy Hour"
, perhaps the street thief is little, the crime rate is very low, the society is "stable", the law is not to protect the bad guys, but this law is also not protect the good guys.
on USA jury system, the dispute also is very.It America judicial system is one of the weakest links look.Although I know it happened, but after the American, found that they actually is
in \ "really play \", random sampling, to people of a wide variety, color is different, there is no industry regardless of industry, there is knowledge, no culture, no culture, also feel enough hanging on.In USA, the most powerful is the law
team, a doctor of law a lot, why get a bunch of \ "layman" to "the judge judge \"?Moreover, this is a \ "modern state", how can \ "backward"
to rely on \ "a motley crew \" to rule it?I have friends and Michael discussed the jury.And he said, here, with all the understanding friend of the system, are aware of its weaknesses, we never think that it is a
a perfect system, we just couldn't find a better system.This just as Americans sometimes make fun of saying: if you don't take the jury system and that other countries' systems compared to words, it is really terrible.
Simpson verdict, President Clinton watching TV, back in the office began to write down the following statement: \ "jury has heard the evidence and make it.Requirements of our judicial system to respect their decision.In this
moment, we should think of this terrible crime victims' families and pray for them."USA justice minister in Simpson after the verdict, the jury system spoke," I did not find any that he
are (a jury) need basis reform.We have a jury has a lot of good years, is considering changing the system, we should be very, very careful.\"
The
Mody, why Americans in many of the world's trial, only selected the jury system, but also keep the refused to release?Of course, you know, the jury system is not an American invention, it produces far earlier than the
USA birth.In Medieval England, judicial quite dark, prison like hell, confess to false charges under torture meet the eye everywhere.After twelfth Century, and gradually establish the jury system.USA after independence, the founders to jury system as a part of the constitution
must come down, after the constitutional amendment has made a further supplement.America third president Jefferson thinks, this kind of trial system in maintaining democratic role, more important than the right to vote.The establishment of a system
legislative spirit, it is to prevent the federal government and government officials, breach of privilege, basic freedom trampling of the people.
Of course, the jury system has obvious weakness, I have
been mentioned, all the \ "legal" will have "people \" confusion, the original legislation, the trial process, the final judgment, there \ "\" participation.The previous legislation, later corrected for possible.
in the law enforcement process, there are different for different people to the law.As you can see, some of the same legal provisions, in different countries can explain and to have no relevance.In the Simpson case,
judge for specific treatment every day by a large number of legal experts.A \ "the final death concluded that \", \ "is always a person \" to make, or by judges, legal experts, is the jury
.In the case of Simpson in this case, we can see, although the two sides lawyer fully show their witness evidence, however, even the legal experts, and each judge, different judges, legal experts different,
will still be found different results. For example, I mentioned the world come first on the list, the famous Chinese criminal forensic expert Dr. Li, in his office at the end of the trial, the bell wasn't broken, news agencies across the United States
queue waiting to hear his opinion on the phone.He thinks, his decision not to feel completely unexpected, he said, he YISHION science point of view, Losangeles procuratorial departments Simpson evidence does not make people
clothing, the most important one, is the prosecution of the defendant \ "time sequence have failed, lost the basic logic foundation \".He thinks, Simpson is unlikely to be in a very short period of time even killed two people, destroyed the evidence locker
back home.He expresses at the same time, there are other evidence also major suspects, such as the first save the crime scene evidence process is very important, but to his professional standards, \ "the prosecution evidence credibility is very wide of the mark".But
is, we certainly believe that, there are other legal experts, there will be a totally different view.
Therefore, is not to say, is the legal expert judgment is absolute.This is not a computer
problem after all, information transmission in, press the button, \ "pa \" the results will come out.The design of the jury system, the whole process is composed entirely of professional lawyers in accordance with the provisions of the operation, by the master of laws and regulations to control
\ judge "fair trial process".When all the legal evidence of the out of place, have already been put in front of us, after the two sides lawyer said had been said, and then in accordance with the law related to the instructions of the judgment of a consistent judgment
off.The design of this system that argument, if everything is clearly, stick out a mile, ordinary has enough intelligence to judge the.If the evidence is contradictory, there is doubt, indication of case law has clear provisions, must be sentenced the defendant \ "not guilty
in this case".If everything is controversial, the law also stipulates that the trial will be failed.Therefore, this time, the key problem is not the case
problem is not professional, but the case is just the problem.The fair, refers to the case against the defendant first absolutely no motivation, and without any other influence as much as possible, but only with the evidence to judge.With
trial system origin of Britain have had little time, Americans stick with the jury system, and not replace any other system, this is because the jury system has a characteristic, that is, the jury is
most without any control.
I want to tell you, Simpson case of the court, as the sports star is a recognized \ "big money", a lawyer paid
probably beyond people's imagination, the prosecutor is public officials, also should be in above the $two hundred thousand annual salary.Judge Ito salary I can't estimate, only know that the court rationing his chair, is worth $six thousand.The method
court jury has only a few dollars a day subsidies, they appeared in court, it doesn't matter and money.In American, elect to go to court for jury duty, is a must to make civic duty, its importance and military service
.There are provisions in the University, students usually have a jury duty, can not participate in the examination.
The jury that is independent of government, independent of the judicial system, independent of any
political forces.Their judgment, is the general public on the legal provisions under the jury will decide.They called upon to play, the court confidential for them, so that they do not have the psychological burden.They only
to themselves do not want to appear in public, can never be surrounded by people who know their roles.So the most no except they should consider the evidence, without considering other factors can not be.Of course, this is a basic condition, is
this society is free, ordinary people are not subject to any control.People in general, as lacking spirit of cooperation, in the absence of foreign war, is not twisted into a rope.USA is just such a
countries.
So, if the starting point of constitution and judicial system, is to protect the citizen's freedom, protect the defendant's legitimate rights, so, the jury system has its irreplaceable superiority.
me can't not surprised, you know, the original Constitution and bill of rights of those USA founders, they themselves are not \ "people \", but the hands of government power in.Two hundred and twenty
ten years ago in North America, or a very savage land, often have to take out a gun to a duel, but shining this \ "thinking," there.At that time USA is not stable, each state had its
is loose.These easy to lay the Jiangshan a founding father of a country, not to consider how to consolidate the regime stability Jiangshan, not obedient, take up some, not serious violations of the law and discipline, killed the captured, the social
quickly settle down, there is worry that the hands of the right will not be careful with the head, worried that even if they with great care not what fault, his successor, even as the successor will \ "go fire \".Because of this
, founding at the beginning, they recognize the priority seriously discussed, is actually how legislation reservation people hands gun weapon, protect the armed their folk, so they have the most complete freedom, even the establishment of a protection against the legitimate rights of the judicial system
.With such a beginning, you expect Americans appear to follow the rules, neatly?The two hundred of them over the years, the government and the people, so in chaos orderly got used to each other.Static
down to think about it, it is inconceivable.
You must remember the letters in the front, whenever I answered your question in one aspect, the Americans have the freedom and rights of
, I will also tell you, they pay what cost.Let you have a good understanding of the costs, is the real starting point I wrote these letters.We are in the world, at different times, have seen
such situation, there are always some people in different situations, to the public demand for hungry, depicting different recipes for delicious lunch.So these people have many followers, even with their help to
on his career.At this time, there are two different situations often will unfortunately come out.A situation is, it is a false promise, people attracted to add beef and potato recipe, get lunch is bark and grass
root, is greatly disappoint one's hopes.Another more generally, this is a real lunch, but, when people are brought to the table, only to find a simple truth should have known, no free lunch in the world.They also
did not enjoy, have to be intimidated by the expensive price, I do not know that the original lead them to a table. Is intended or not, he has never mentioned such a price.That's not fair. The biggest problems reflect the
case is, in the concept of racial tension America society still obvious.Before and after the judgment, opposition between American attitudes toward more surprising.According to a questionnaire survey before the judge, 74%
white that the defendant is guilty, and 77% of blacks thought.The investigation after the verdict is similar to this.On the survey of the population, 67% of the people think that unfair judgments, 28%
people think Justice (the black American compared with the proportion of the population close to 5% people), uncertainty. American Broadcasting Company (ABC) show that another survey, 37% of white to the verdict, 83%
black agreed.Many Americans are skeptical of this system is reasonable and impartial jury.The victim's father in the press conference after the verdict on the choke with sobs said: the prosecution didn't play lose, but I
our country lost, justice has not been done.An investigation after the verdict of ABC question, if the jury for a half white, half black, what will be the result?48%
whites and 49% of blacks thought the result would have been different.After the verdict was another survey also shows that, 70% of whites and 18% of blacks still think that the defendant is guilty.24% white and 64%
black that police made false evidence. In fact, the majority of white American still insist that the defendant is guilty.After the judgment, prosecutor Clark on the cable news network CNN
reporters: Although the Liberals do not want to admit it, but a mostly black jury can not make a fair decision in such cases.This caused a great disturbance in the media. And the criminal judgment be quite different civil judgment after the criminal trial ended, the party is said to make the civil lawsuit, seek justice in civil trial. A year later, the California Supreme Court in a civil court began hearing the case.This time, there are 9 White jury, not a black.After 4
months of trial, a jury decided in February 5th to murder his ex-wife, Simpson Nichol and her boyfriend Goldman's responsibility, and sentenced Simpson to Goldman's parents pay 850
million.5
days later, the same jury again sentenced Simpson to pay $25000000 in punitive damages.So, he would total $33500000 to compensate for the payment of civil liability.Although Simpson's lawyer said he may not be able to
pay the money, he will therefore owe 930
a million dollars in debt.But the plaintiff think Simpson has a potential ability to pay each year, he only earned from selling his name, trademark and other income of $3000000. Results the civil trial be quite different and criminal justice, and the two trial the jury's ethnic composition became the key point.The report once again caused a sensation, and ratings that reported high over president Clinton's state of the Union force that day.Goldman's father said: two and a half years later, justice has been done, we thank god.
Simpson home, also take the white car, TV tracking all the way there are twelve helicopters in the top, follow, reminiscent of a year ago.He ran, run forever.That you found a fierce
knife tomorrow, there he is clearly blood handprint, is tomorrow someone took a videotape, there is the whole process of murder of Simpson, also all not.Prosecutors will not put forward another sue to him, because in the American
constitutional amendment fifth, saying, "the people may not be for the same offence and two times by the situation of life-threatening or limb of \", which in USA legal terminology called \ "two difficulties", a
a citizen in the \ "two difficulties"
is unconstitutional.The bill of rights that a limited government, law enforcement officers on a citizen the endless entanglement.Because the framers of the constitution that, to prevent such a situation: a law enforcement personnel without sufficient evidence to
sentenced a person guilty, the jury announced \ "not guilty", law enforcement officers can not be reconciled, tomorrow to get a point what, to prosecute, acquired some excuses, and re charged, anyway, you don't want to peace.No \ "
two difficulties," completely eliminate this possibility.For a crime, criminal prosecution only is limited to one time.To be successful, the prosecutor must succeed at a prosecution.If acquitted, only when he again made
crime was you catch, you can once again to indict him, otherwise, you can only see him forever to escape the palm of your hand.
However, when people with complex mood, and again in the TV
, watching the car carrying Simpson's white car to the home on the road, the Constitution guarantees citizens have freedom and right price is very clear.If Simpson is guilty, he has always escape
."Would rather let one thousand, can not be wrong to kill a \", here, good judgment wrong to kill an innocent citizens price, is likely to have one thousand criminals were put away.This price is in many aspects, to explore the
no matter where on the one hand, it is heavy.
If Simpson is a murderer, two victims of justice will not repay, justice cannot be done, the old high Deman desolate grief voice will
always made the conscientious Americans no peace.In the \ "release the one thousand \" at the same time, people have to face many victims cry ghost.People will always be doubt, when they lost a lawsuit
waiting in the prosecutor, they Is it right? Like Lao Gao de man accused, are losing a country?
If Simpson is a murderer, he placed in the home, probably never to kill again.But, who can guarantee that
was let go because there wasn't enough evidence, "one thousand", and even far more than one thousand suspects, what will be home later?\ "\" more, of course, the greater the risk, society is more uneasy
Ning, it is a most simple logic.Everyone in the pay cost.
In fact, the Americans to the freedom and rights of citizens, in addition to the enormous costs of spirit and security on the
, they all still paying the cost of money.You have seen, the Simpson case, only the court costs of $about eight million, if coupled with the police investigation fees, not less than ten million U.
element.You don't think this is because Simpson is a celebrity, before the first trial was a particularly long time.A Chinese wife in California, was charged with the murder of her husband's lover and her children from the mainland, the trial has been for a long time, be Chinese said
"Simpson case", has declared the jury unable to reach an agreement, the first instance failure, case suspension.Because prosecutors refused to give up, the recent upcoming re trial, at least it is twice the time.This
time course is money.No matter what will be the final verdict, jurors should be cautious, not least because they involved are foreigners and minorities, quickly found out.Of course they only know to
trial to spend money, but also know where the money comes from.Where is the money coming from?I have told you before, USA government does not have any enterprise, every penny of it is the ordinary people, including the jury, to
government tax.
We see from today's newspaper, Iowa, a Dazhou Chinese students accused of the two murder in the first degree.He killed the same from Chinese to a pair of students who
women.He has pleaded not guilty, the prosecution in the prosecution request sentenced him to death, at the last moment before the hearing, he finally confessed.I had mentioned, in this case, he can get the court to one of his
exchange, in exchange for a slightly lighter.Life imprisonment, he may be sentenced to not parole.When a reporter interviewed the family members of the deceased, they talked very do not understand American judicial system.For Chinese, Sharenchangming, a
life for a life, is the most natural thing in the world.For Americans, a crime with upper and lower limit of a sentence.In this limit, it is reasonable.The criminal confessed, can save a lot of manpower and financial resources, within the limits of
within the commutation is acceptable.I want the families of the victims will not think, case long words, may take American people are working hard to earn millions, millions of dollars.In fact, Americans still use
own taxes keep him in prison, though whether the murderer or victim, are not american.For the land they chose this principle, it must happen for this land on all pay the price.Sometimes, this
cost refers to money, sometimes, that price, even life.
Clearly the price, still choose to respect the rights and freedoms of citizens as the highest goal, this is to need courage.And, sometimes, even can say, must have the ability to pay cost to get.