As we all know, in Simpson's case, the police have got enough evidence to prove that Simpson killed his ex-wife and her boyfriend, but in order to make the case more "irrefutable", they foolishly forged a pair of socks stained with Simpson's and his ex-wife's blood. It was these socks that were finally proved to be laboratory products by Mr. dershowitz and his hired biochemist, and the jury was in an uproar.
American law has a famous rule of evidence: "There can only be one bug in the noodle". This is an image metaphor: when anyone finds a bug in his noodle bowl, he will never look for the second one again, but will only throw out the whole bowl of noodles. Similarly, even if LAPD obtained a lot of evidence to prove Simpson's guilt, as long as one of them (socks) was illegally obtained, all the evidence would not be accepted by the court. Therefore, the jury found him acquitted.
In China, the rule of evidence is "based on facts and taking law as the criterion", and the power of people's jurors is far less than that of American juries. On the premise that there is considerable evidence to prove the criminal facts of the suspect, the judge will convict the defendant despite some flaws in the way of obtaining evidence.
"Then my lawsuit will be lost." Mr dershowitz said with a smile.
"don't trust anyone."
There is a note in Mr. dershowitz's office: "Don't trust anyone", which is his professional creed as a lawyer.
dershowitz once represented a criminal case in New York State, in which he met a rogue witness. He called dershowitz: "Will you pay me if I present evidence in your favor in court?" Dershowitz flatly refused. The witness went on to say, "Then can you pay for my transportation from home to court?" Dershowitz assured him: "This is allowed by law."
This conversation was recorded by the witness with a tape recorder and edited. The conversation turned into "As long as Mr. dershowitz testifies for the defense, he will pay the witness". Unable to claim the property, the witness angrily handed the videotape to the police station and accused dershowitz of bribing the witness. Fortunately, dershowitz made the recording himself, which avoided going to jail.
dershowitz firmly believes that lawyers can only take evidence by themselves, and anyone's evidence, even the police's, is unreliable.
I have the right to refuse to tell you my name?
China is carrying out judicial reform, and the United States has also proposed reforms in the field of criminal justice. Dershowitz believes that the judicial reforms of the two countries are in opposite directions.
Chinese scholars keep calling for strengthening the litigation rights of criminal suspects and defendants. In the United States, criminals have paid less and less attention to the police and prosecutors, because they have gained a wide range of rights granted by law. The law emphasizes that the price of fully protecting criminals' human rights is the rise of crime rate in the United States today.
For example, on the question of whether a criminal suspect who has caused a heated debate in China's legal circles can enjoy the right to silence, those in favor obviously have the upper hand. The United States is a country that clearly stipulates the "right to silence" in its law, but dershowitz said, "This is a bad system." An extreme example is that one of his clients arrogantly reprimanded the prosecutor in court: "I have the right to refuse to tell you my name."
Therefore, Professor dershowitz believes that the direction of judicial reform in the United States is to reduce the legal protection of criminal suspects, while China should gradually increase the legal rights of criminal suspects and defendants from the original starting point. "Maybe one day we will come together", he made a gesture of crossing his hands.
"No country in the world has a perfect criminal law system, such as China and the United States. Justice needs to be pursued and pursued, because we can't reach a perfect justice reality, we must pursue it. Justice is not a result, but a process. I congratulate China on its efforts in the right direction. "