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is the direct cause of the formation of miscarriages of justice. The reason why it is difficult to curb torture work, the most important reason not do anything,barbours, but the determination is not strong. First, the concept dictates, because some people still believe the confession forced out credible, and therefore the effect of superstition; the second is the need for utilitarian point of view, the torture can achieve the goal set in advance. "Today, we have not really change direction of the investigation,chaussures louboutin homme, confession is still 'king of evidence', can not solve the fundamental. 2012 amendments to the Criminal Procedure Law of torture made more restrictive,abercrombie outlet, however,abercrombie milano, because the specification itself is not enough rigor and lack of relief provisions, did not play a fundamental role in containment. "Tian Wenchang, said," Just to further clarify the legislation limiting conditions, the real implementation of the exclusionary rule in justice, and be severely punished acts of torture, will receive to remarkable results. curb torture and the detection rate must be conflict between, on balance, to prevent miscarriages of justice is clearly more important than the pursuit of crime detection rate. " What other reasons contributed to injustice The defendant appealed the first instance verdict - an appeal to the High Court - High Court because of unclear facts.
Injustice and torture, empirical statistics on already almost synonymous. In the hundreds of samples from the injustice of the death penalty, the parties all reflect varying degrees of torture. According She Xianglin, Lijiu Ming,chaussures louboutin, Du Peiwu et memories, torture means, including eating excrement,parajumpers 2015, electric shock, physical abuse, torture, poured ice water,abercrombie & fitch, forbid sleep,moncler milano, filling chili oil, choking water ... and so on. Torture time from several days to several months ranging, many parties succumb to such means,hogan scarpe, they had to confess. After the party at the time of confession would appear to reflect the situation himself suffered torture, but torture to courts and prosecutors to make identification is not easy. Almost all of injustice have torture Chinese People's University Law School Professor He Jiahong in 2007 had done a similar empirical study - to 50 cases of suspected homicide case studies,chaussure louboutin, Jiahong found that the torture to obtain confessions as a verdict according to one major cause is often misjudged . In this 50 criminal injustice in law review identified by the presence of torture and although it is likely that without the existence of torture accounted for over ninety percent of cases identified, the situation only three cases of torture does not exist, accounting for 6%. Jiahong found to be torture for law review identified three cases,zanotti chaussure homme, these investigators have been convicted by a court for the crime of torture, one case Procuratorate made the decision not to prosecute. France seized not identified but there may be cases of torture, 21 cases of the accused during the proceedings declared suffered torture,piumini peuterey, but there is no evidence; seven cases have some evidence that torture (such as body injuries defendant or witness testimony ),louboutin prix, but the court did not identify; one case during the proceedings, the prosecution had to confirm identification of the accused who have minor injuries caused by torture, but the court later finds not; 14 cases the accused to make confession of guilt in the investigation stage.
later retracted,barbour femme, and eventually the emergence of new cases of exculpatory evidence to prove his innocence, it can be inferred confession of guilt is likely due to torture. Jiahong noted that each of the criminal injustice is caused by a variety of reasons coincidence effect, the reason and evidence, including: the false testimony of witnesses, victims misrepresentation, accomplices as evidence, the defendant false confessions, conclusions wrong, the investigating authorities misconduct , judicial misconduct, ignoring exculpatory evidence, identification of the defect,outlet peuterey, legal and other stereotypes unknown. In its analysis of the 50 criminal wrong case, the highest probability of occurrence is the "defendant false confessions" (47 cases, accounting for 94%) and "investigating authorities misconduct" (48 cases, 96%). Prominent lawyer Tian Wenchang accept the "Financial" reporter also said that in order to torture and covert torture and other illegal methods to obtain suspects and defendants confessions or witness testimony.
insufficient evidence cassation, remand - Intermediate People's Court upheld the conviction after a retrial - The defendant appealed his conviction to appeal again ... Injustice of the death penalty in these samples "financial" reporters gathered, the wrangling over the cycle so Intermediate and Superior Court has become a common feature of large, accounting for about 7 percent. In many cases, the occurrence of local high court twice, three remand, the Court of First Instance upheld the case,hollister pas cher, many grievances have been arraigned before the High Court was not guilty verdict. In such a program reincarnation,woolrich milano, innocent parties was Depletion years in prison. According to this 98 death penalties misjudged cases years spent vindicated statistics, the average cost per misjudged cases from 8 years to wait vindicated. The statistics show that over 60% of cases remain dependent on operating trial supervision program - with 62 cases in the High Court because of "unclear facts, insufficient evidence" remand or commuted after arraignment.
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