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Evidence Reason and Prevention of Wrongful Conviction

Author: MaoLei
Tutor: WuHongYao
School: China University of Political Science
Course: Legal
Keywords: Injustice Illegal evidence Exclude Causes Prevention
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 186
Quote: 0
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Abstract

2010 Zuohai case makes it again concerned about injustice issues. In this context, this paper studies the specific cases of injustice caused by the wrong factors the evidence and exclude illegal evidence a number of issues in handling criminal cases \trying to explore methods to reduce the likelihood of grievances from the point of view of the evidence. This paper is divided into five parts: the introductory part of the background of this study and discussed ideas; Introduction to part defined the connotation and evidence of the injustice and grievances; the criminal injustice evidence causes part is divided into two parts of the verbal evidence and physical evidence She Xianglin, Du Peiwu the Zuohai cases the evidence the use of error performance caused by the wrong factors; \exclusions practice guidance to prevent injustice. The first part, pointed out that this research method is a typical injustice through the analysis of illegal evidence, to find out the relationship between injustice and illegal evidence. The second part, the first definition of the concept of injustice, which is the crime situation, but did not clear up the case as it is, but not criminals convicted of causing the real criminals to escape legal punishment cases; then discusses the evidence is an important basis to identify cases of real illegal evidence lead to the occurrence of injustice. The third section, which their respective lead to miscarriage of justice occurred because both words and kind of illegal evidence. Illegal words part enumerates the typical injustice torture and threat lure way of crime suspects, defendants illegally obtaining evidence specific performance, that causes a miscarriage of justice due to the influence of traditional thinking and too much emphasis on the importance of the oral evidence occurred. Words evidence introduced in the section - the appraisal conclusions using error lead to miscarriage of justice occurred. Illegal physical part, pointed out that excessive superstition, the physical evidence of probative force of the errors in the understanding of the physical evidence, physical evidence, imperfect means of science and technology in the analysis, the physical evidence of the source of illegal important factors that lead to grievances. Part IV, \The background of the introduction of the provisions in recent years many typical cases of injustice, and in both of these cases of injustice illegal forensics of the case, therefore, China's legislation is necessary to improve the legal system, from the illegal evidence exclusion angle to prevent injustice. This article discusses the provisions of the \The fifth part, the part concludes: \

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