Read e-book online Back from the Dead: Wrongful Convictions and Criminal PDF

By Jiahong He

ISBN-10: 0824856619

ISBN-13: 9780824856618

China's party-run courts have one of many optimum conviction charges on this planet, with pressured confessions final a relevant function. regardless of fresh prohibitions on proof bought via coercion or torture, pressured confessions proceed to undermine the chinese language judicial approach. Recounting a few harrowing situations of wrongful conviction, acclaimed felony student and novelist He Jiahong analyzes many difficulties in China's justice approach. in a single such case, Teng Xingshan used to be convicted in 1988 and later completed for murdering his mistress, yet nearly six years later it used to be stumbled on that the meant sufferer, Shi Xiaorong, used to be nonetheless alive. In 2005, Teng's little ones submitted a criticism to the Hunan excessive People's court docket, which then issued a revised judgment. In one other case, She Xianglin used to be convicted of murdering his spouse in 1994 and used to be sentenced to loss of life, yet this sentence used to be later commuted to 15 years' imprisonment. In 2005, She's spouse, presumed useless for over 11 years, "returned to life"; She used to be published from criminal weeks later, retried and located no longer guilty.

With riveting examples, the writer surveys the association and process of felony research, the lawyering process for legal protection, the general public prosecution process, trial complaints, in addition to legal punishments and appeals. In doing so, He highlights the common explanations of wrongful convictions: investigators operating from pressured confessions to facts; improperly tight time cut-off dates for fixing felony situations; prejudicial choice of facts; misinterpretation of clinical proof; persevered use of torture to extract confessions; bowing to public opinion; nominal assessments one of the police, prosecutors and the courts; the disorder of court trials; unlawfully prolonged custody with tunnel imaginative and prescient; and decreased sentencing in situations of doubt. the writer additionally presents up to date information regarding fresh adjustments and reforms in addition to the various carrying on with demanding situations of the legal justice procedure in China.

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Back from the Dead: Wrongful Convictions and Criminal Justice in China by Jiahong He


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