Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0008
- Subject:
- Society and Culture, Asian Studies
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In ...
More
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Through analysis of the case and a survey of relevant laws, this chapter outlines the problem of unlawfully extended custody and shows how it plays a role in unlawful conviction.Less
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Through analysis of the case and a survey of relevant laws, this chapter outlines the problem of unlawfully extended custody and shows how it plays a role in unlawful conviction.
Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0011
- Subject:
- Society and Culture, Asian Studies
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In ...
More
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.Less
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. This chapter examines the presumption of innocence, the standard of proof used in criminal trials, and the dilemma of wrongful conviction versus wrongful acquittal, and the role these concepts play in Chinese criminal justice.
Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0007
- Subject:
- Society and Culture, Asian Studies
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In ...
More
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Based on analysis of the case, this chapter summarizes the effects of public opinion on the investigation and trial processes. The author concludes that the best way to balance conflicting interests and avoid bowing inappropriately to public opinion is to strictly adhere to the law in the handling of the case.Less
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Based on analysis of the case, this chapter summarizes the effects of public opinion on the investigation and trial processes. The author concludes that the best way to balance conflicting interests and avoid bowing inappropriately to public opinion is to strictly adhere to the law in the handling of the case.
Jiahong He
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824856618
- eISBN:
- 9780824868703
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824856618.003.0009
- Subject:
- Society and Culture, Asian Studies
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In ...
More
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Based on analysis of the case, this chapter explains the assembly-line model that drives criminal justice proceedings in China and analyses the relationships among the entities involved. In this cooperative system, checks are insufficient and the power of the court is thus diminished.Less
In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In 2005, She Xianglin's wife, presumed dead for over eleven years, reappeared and She Xianglin was soon released from prison, retried, and found not guilty. Based on analysis of the case, this chapter explains the assembly-line model that drives criminal justice proceedings in China and analyses the relationships among the entities involved. In this cooperative system, checks are insufficient and the power of the court is thus diminished.