Surprised by American cases national criminal cases not compensation system
Created:
/Author:
Aaron Lewis
Close reading of "people's court" article reported that Wang Zichen, America (specifically Pennsylvania) criminal defendants were sentenced in prison for many years, was eventually acquitted the man, no state compensation.A shock.In my impression, USA is the real rule of law society, human rights is good, how not to compensate wronged?After that, for three reasons:
AWhether or not the judicial democracy that the defendant is guilty.USA criminal cases is guilty verdict made by the jury, the jury of 12 jurors, must make a completely consistent judgment can be finalized, and the 12 members of the jury is not a court, is the America people randomly selected from candidate to the court, asked, "loyalty to the answer was," selected by the jury members of both sides are satisfied, it selected a jury's verdict, has indisputable credibility and authority, and family members of the jury is the ordinary people, is "people", not the court judge, make this case referee, the state is not liable to compensate;
TwoThe defendant is found guilty may be parties to confess.May be hearing before both sides reached "the transaction".Why do people the innocence of the accused may also plead guilty?This is because when all the evidence points to the defendant guilty, even when they really guilty, for leniency for the voluntary confession of the accused, usually to confess.Since his admission, countries are not liable to compensate;
ThreeEach system has its own advantages and disadvantages, American judicial system is fully demonstrated by people of design, the people believe that the judicial authority, also accept the reasonable range of error rate.Such as the famous Simpson case, the majority of people believe that he killed his wife, but most people recognize the jury verdict of innocence.
Read this, not from exclamation, China and America have different system, the gap was so large consequences.In criminal cases, the people's court judge, the judge is the obvious power holders, holding the reins, natural, wrong consequences shall be made by the state.The system has the advantages respectively, American also has a grievance.China's "State Compensation Law" made a major revision, it is a concrete manifestation of the Chinese government to bear the state responsibility, the great progress of China's human rights.This thought, in order to reduce the incidence of miscarriage of justice, our country can in part from the America practices, the introduction of jury system, as an important reference and basis for the conviction and sentencing of the case, in this regard, the reform of the courts of Henan walk in the forefront, should continue to study and explore, not be reluctant.At the same time, improve the "compensation", striving to be the benchmark of the world human rights.
The above quoted Wang Zichen, part of the people's court "" newspaper articles, I have modified.