Of course, in the application of plea bargaining system, American law has also made restrictions and requirements to ensure the realization of justice.
Should plea bargaining be introduced into China? For our country, in recent years,
The rapid increase in the number of cases has brought great pressure to the limited judicial resources.
In China's criminal procedure system, summary procedure and ordinary procedure are also stipulated to simplify the way of case diversion.
So, is it possible to introduce plea bargaining system? April 2002
In June, Heilongjiang Mudanjiang Railway Transport Court tried Meng's intentional injury case with reference to American plea bargaining.
Triggered the media
Discussion on the introduction of plea bargaining system in sports and law. I think the introduction of plea bargaining system,
The biggest obstacle lies in the lack of credibility of the judicial system and the serious influence of public opinion on judicial trials. Our people have a deeper understanding of the law,
The more we understand the injustices of the judicial system, the greater the public anger.
And China for thousands of years.
According to the moral tradition, it is natural to kill people for their lives, and those who are guilty will be prosecuted. Plea bargaining system is more likely to be regarded as "money for freedom" and "power and money transaction" among the people.
Yun Yun. How much impact it has on the judicial system with extremely weak credibility is unknown.
Just like abolishing the death penalty.
The problem is the same, a stone will stir up a thousand waves. Therefore, it is very difficult to bridge the gap between public opinion and experts' right to speak by introducing plea bargaining system.
Lawyer system: After Martin saw the news of Allen's arrest, his professional sensitivity told him that this would be a hot case.
The reason why he wanted to take the case at that time was not to postpone it.
Zhang Zhengyi, but only for fame, for his own career. Find out where Allen is.
At that time, he quickly met with Allen and asked to be his lawyer and provide free clothes.
Service, and said that he can avoid jail. Martin's words also revealed that if Allen refused to accept him and used a cheap public defender, he would be ready to go to jail. This is also
It embodies a reality in American society. Only the rich can afford barristers to defend them. After brainstorming by many lawyers, they are finally saved from jail.
The poor can only receive legal aid, and the quality of the aid is not high, so they have to accept severe punishment.
American lawyers enjoy high rights. In this film, when Martin easily visits the "detention center" where Allen is held.
The prison guards didn't obstruct anything and didn't ask for any documents. It is natural for a lawyer to meet his client.
Martin can also go deep into the scene to direct the scene.
Investigation, the first investigation, showed the certificate to the police guarding the crime scene, and then called the police
Cha only informed him and paid attention to keeping the site intact, so he was allowed to enter the site for investigation. Later, when Martin suspected that a third person had committed the crime, in order to find out the case, he went deep into evidence collection and even "arrested".
Witness Ali.
Martin cited the amendment to the US Constitution in court and called the state attorney general as a witness, which was allowed by the judge. Although lawyers in our country are much more crowded,
The lawyer didn't read the documents during the investigation stage.
Yes, you don't have to investigate and collect evidence. Even if you meet the criminal suspect, the investigators will be there.
Site supervision. Under this strong authority mode, it is difficult for criminal defense lawyers to let go of their hands and feet and fight for their clients' due rights.
Privilege rule: the privilege between a lawyer and a client is that the client has the right to refuse to disclose and organize others to disclose the secret conversation between the client and the lawyer. So,
Lawyer Martin can speak freely when talking with Allen.
Even taught him how to pretend to be innocent to win the sympathy of the jury. Professor Waltz of the United States pointed out: "
One of the basic reasons for the existence of privilege is that society expects to promote a certain relationship through secrecy.
Society attaches great importance to certain relationships, preferring to keep secrets, even at the expense of losing information that has a great bearing on the outcome of the case.
For example, it is hard to imagine anything better than "lawyer-client"
Privilege can hinder the investigation of facts more. In addition, there are doctors and patients, couples, clergy and confessors.
Privilege. These privileges ensure the existence of some basic social morality,
Only in this way can the social machine run smoothly. If these privileges are not guaranteed,
Then society is bound to fall into a frightening crisis of trust. That was at the end of the movie,
Allen revealed that he was not.
Real patients with multiple personality disorders, but disguised as mental patients to escape legal sanctions, Martin lawyer left the detention center alone, unable to testify against Allen's murder.
This privilege system, on the other hand, is similar to the "concealment of relatives" of ancient China people.
Have the same effect. However, the current legal system in China always overemphasizes substantive justice.
Mistakes must be corrected, and procedural justice is put aside, but there is no real connotation of justice.
Evidence display system
In this film, Martin has pleaded not guilty and has been looking for the so-called third person. Therefore,
Later, when it was discovered that Allen might have multiple personality disorders, he could not change the plea of innocence at that time.
I can only secretly leave the video of the discovered criminal motive at the prosecutor's door.
And induce female prosecutors to stimulate Allen's second personality in cross-examination. In court, when Martin's defense deviated from the plea of not guilty,
The prosecutor protested and the judge gave Martin a warning. This is based on,
If the defendant is prepared to present a defense at the trial that the defendant was mentally ill at the time of committing the crime,
The prosecution and the court must be informed of this intention in writing within the statutory time limit. Otherwise, the defense can't make this defense.
If the defendant is prepared to prove that the defendant is mentally ill at the trial,
Mental defect or other mental state and expert opinions related to criminal responsibility,
It should also notify the prosecution and the court of this intention in writing within the statutory time limit. At the request of the prosecution,
A compulsory examination can be conducted on the mental condition of the defendant. If the defendant fails to fulfill the obligation of informing,
Or disobeys the inspection order of the court, the court may exclude the relevant expert testimony. such
The evidence system can prevent any party from presenting new evidence in court or concealing evidence in advance.
The sudden attack on the stadium caused both sides to be unprepared and unable to defend effectively.
Finally, when the court decided that Allen might be mentally handicapped, a jury was called at that time.
The judge dismissed the jury because the trial was inconsistent. Obviously, Allen may eventually be immune from legal sanctions because of his mental disorder.
This kind of mental appraisal can refer to the case of Qiu Xinghua in previous years in China. Qiu Xinghua was sentenced to death at first instance, not only for the victims,
It is also a kind of comfort for all those who maintain simple moral concepts to kill for their lives.
However, the application for psychiatric expertise has aroused a thousand waves in Qiu Xinghua, causing great repercussions in all aspects.
On the one hand, there are blood and tears complaints from the families of the victims, and the boiling voice of public opinion that civilians will be angry if they don't kill;
On the one hand, legal experts are waving the banner of the rule of law to shout for spiritual appraisal, at the same time, judges are also fighting for their own
Competition between legal professional accomplishment and moral emotion. The confrontation between public opinion and elites is at the forefront.
The lack of legal procedures for this mental state appraisal is the key to this conflict.
It also reminds China's judicial system to pay attention to and reconstruct procedural justice. And how to explain the abolition of the death penalty to the public.
About some American ideas embodied in this film. Martin is talking to the media who interviewed him.
When people chat in bars, the first thing they complain about is the huge social criticism suffered by lawyers. However, when the media asked: Why did you resign from public office? There is a sentence in Martin's answer:
Why be a referee when you can play ball? As an American criminal defense lawyer,
Martin will certainly be envied by criminal defense lawyers in China. In order to protect human rights,
On the rights of the defendant
There are many protection systems, such as the well-known evidence system, Miranda rule and so on. Therefore, it also gives lawyers great rights. In court,
Lawyers' professionalism and defense skills can also make a difference. Even affect the jury, and ultimately affect the verdict.
For the restriction of public power, the actions of judges and prosecutors must also be legal to avoid the arbitrary behavior of public power.
Act rashly. Therefore, Martin would rather play on the court than just be a referee. In China, the situation is completely different. More and more crowded civil servants are taking exams on the single-plank bridge.
More people are willing to take this shortcut and enter the ranks of judges because judges mean power.
The idea of power standard makes people more willing to be judges.
Those who play ball on the court do not pay attention to strength and skills, but seek help from outside the system.
Art always comes from life and is higher than life. From the American point of view, this film is more willing to reveal the general disadvantages of the American judicial system.
Finally, the murderer escaped. For China, where the slogan of judicial reform is big and the rain is small,
It is of great reference significance.