You often hear the police say to the suspect: you have the right to remain silent ... you have the right to hire a lawyer ... This kind of words is called "Miranda warning", which is the duty of the police to inform. It is at the time of arrest and control that American lawyers have the right to intervene in criminal proceedings and provide legal aid to criminal suspects. So, the suspect will say, I want to see a lawyer. According to the law of our country, lawyers can provide legal aid to criminal suspects from the day when they are interrogated for the first time or taken compulsory measures, but it is limited to providing legal advice, filing complaints and accusations. Moreover, in the American legal system, criminal suspects have the right to remain silent, that is, they can not answer questions. Therefore, the suspect can refuse to answer questions before seeing a lawyer. In China, this is a question of guilty attitude. Confession is lenient and resistance is strict, and the attitude of pleading guilty can be used as one of the sentencing circumstances.
The criminal trial in American law takes the form of cross-examination, in which the prosecution and the defense take turns to question the witness, and the jury decides whether the defendant is guilty or not. Moreover, it is a strict presumption of innocence and a strict system of excluding illegal evidence, that is, the prosecution must rule out all possibilities and have sufficient evidence to prove that the crime was committed by the defendant. The most famous example is Simpson's murder of his wife. There is enough evidence in the gloves he wears, such as his wife's blood. However, it is precisely because the defense lawyer seized the loopholes in the prosecution's evidence and the racial discrimination of the police handling the case that the jury finally ruled that he was not guilty and excused him, and only assumed civil liability for the deaths of his ex-wife and boyfriend. However, China adopts the trial mode of combining prosecution with defense, in which the prosecution gives evidence and the defense cross-examines, and the testimony is often heard in written form, rather than witnesses appearing in court. Without a jury, the judge decides whether the evidence is true or not and whether the defendant is guilty or not. So you can see both the prosecution and the defense running around Hong Kong, Taiwan, Europe and America with wigs, and you can also see that the judge is just a simple presiding judge, not the final arbiter.
This is entirely the result of two completely different judicial systems in China and the United States.
Attachment: Simpson's Wife Killing Case/View /666 1 15.htm