Wrongful Convictions and Criminal Justice in China
Author: Jiahong He
China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
America's Wrongfully Convicted and Exonerated
On September 30, 2003, Calvin was declared innocent and set free from Angola State Prison, after serving 22 years for a crime he did not commit. Like many other exonerees, Calvin experienced a new world that was not open to him. Hitting the streets without housing, money, or a change of clothes, exonerees across America are released only to fend for themselves. In the tradition of Studs Terkel's oral histories, this book collects the voices and stories of the exonerees for whom life — inside and out — is forever framed by extraordinary injustice
Author: He Jiahong
Publisher: Penguin UK
When Hong Jun returns to China from studying and working as a lawyer in the US, he opens the doors to his new practice in Beijing intent on helping ordinary people defend their rights, but he soon finds himself embroiled in a case which is anything but ordinary. Ten years earlier, in 1984, on a state farm in the brutally icy, rural northeast of China, local beauty Li Hongmei was raped and murdered. There were two suspects and whilst one disappeared, the other confessed making it a seemingly open and shut case. But now it looks like the wrong man may have been sent down for the crime. His newly-rich brother is prepared to pay whatever it takes to clear his name and he thinks Hong Jun is the right man for the job. In a quest for justice, Hong Jun returns to the sins of the past and delves deep into the sleazy underbelly of China's corrupt legal system. When he stumbles upon what appears to be official complicity in a cover-up he must challenge those who hold the rule of law secondary to personal ambition and the whims of local officials to solve a case shrouded in both mystery and treachery and one that ambiguously alludes to the ancient legends of the Heilongjiang Mountains where the murder took place.
A Story of Justice and Redemption
Author: Bryan Stevenson
Publisher: Spiegel & Grau
#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow
A Story of Healing and Redemption After Wrongful Conviction
Author: Lara Bazelon
At the age of seventeen, Thomas Haynesworth was arrested on multiple rape charges in Virginia. Despite his pleas of innocence, five rape victims, including 20 year-old Janet Burke, ID'ed him as the offender. Only after over two decades of legal wrangling was he exonerated by DNA evidence. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice like Haynesworth's. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In Rectify,former innocence project director and journalist Lara Bazelon takes stock of the massive damage inflicted by wrongful convictions. Despite a record 375 exonerations in the last three years, Bazelon argues that the criminal justice system has not done enough to rectify the devastation left in their wake--the suffering experienced by not only the exoneree, but their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. In the midst of her frustration over the blatant limitations of courts and advocates, Bazelon's hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unites unlikely allies in the common cause of just reparations. Poignantly written and vigorously researched, Bazelon takes to task the far-reaching failures of our criminal justice system, and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.
An Empirical Inquiry
Author: Mike McConville
Publisher: Edward Elgar Publishing
.Criminal Justice in China is the most comprehensive work to date on the functioning of China's criminal justice system. This book is essential reading for anyone who wants to understand any aspect of the system. There are importantinsights on virtually every page, including in depth study of the role of police, procuracy, courts, and defense lawyers. The book will be of value to anyone interested in governance in China.'
Author: Brandon Garrett
Publisher: Harvard University Press
DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.
Applied Issues for Criminal Justice Students and Professionals
Author: Brent E. Turvey,Stan Crowder
Publisher: Academic Press
This textbook was developed from an idiom shared by the authors and contributors alike: ethics and ethical challenges are generally black and white - not gray. They are akin to the pregnant woman or the gunshot victim; one cannot be a little pregnant or a little shot. Consequently, professional conduct is either ethical or it is not. Unafraid to be the harbingers, Turvey and Crowder set forth the parameters of key ethical issues across the five pillars of the criminal justice system: law enforcement, corrections, courts, forensic science, and academia. It demonstrates how each pillar is dependent upon its professional membership, and also upon the supporting efforts of the other pillars - with respect to both character and culture. With contributions from case-working experts across the CJ spectrum, this text reveals hard-earned insights into issues that are often absent from textbooks born out of just theory and research. Part 1 examines ethic issues in academia, with chapters on ethics for CJ students, CJ educators, and ethics in CJ research. Part 2 examines ethical issues in law enforcement, with separate chapters on law enforcement administration and criminal investigations. Part 3 examines ethical issues in the forensic services, considering the separate roles of crime lab administration and evidence examination. Part 4 examines ethical issues in the courts, with chapters discussing the prosecution, the defense, and the judiciary. Part 5 examines ethical issues in corrections, separately considering corrections staff and treatment staff in a forensic setting. The text concludes with Part 6, which examines ethical issues in a broad professional sense with respect to professional organizations and whistleblowers. Ethical Justice: Applied Issues for Criminal Justice Students and Professionals is intended for use as a textbook at the college and university, by undergraduate students enrolled in a program related to any of the CJ professions. It is intended to guide them through the real-world issues that they will encounter in both the classroom and in the professional community. However, it can also serve as an important reference manual for the CJ professional that may work in a community that lacks ethical mentoring or leadership. First of its kind overview of the five pillars of criminal justice: academia, law enforcement, forensic services, courts and corrections Written by practicing criminal justice professionals, from across every pillar Offers a realistic overview of ethical issues confronted by criminals justice students and professionals Examines sensitive subjects often ignored in other criminal justice ethics texts Numerous cases examples in each chapter to facilitate instruction and learning
Traffickers and Family Life in North China
Author: Johanna S. Ransmeier
Publisher: Harvard University Press
Trade in human lives thrived in North China during the Qing and Republican periods. Families at all social levels participated in buying servants, slaves, concubines, or children and disposing of unwanted household members. Johanna Ransmeier shows that these commonplace transactions built and restructured families as often as it broke them apart.
Author: Jiahong He
Category: Legal stories, Chinese
Set in the mid-nineties, Hanging Devilsis a true-to-life story of cold-blooded murder and corruption from one of China's foremost legal experts. Hong Jun, a recently-returned lawyer from the US, opens a practice in Beijing intent on helping ordinary people defend their rights. His very first case leads him to the hinterland of China's snowy northeast where the brutal killing of a local beauty took place ten years earlier. In his quest for justice, Hong Jun revisits the buried secrets of the recent past, and delves deep into the underbelly of the provincial police and court system in a case that proves to be anything but ordinary.
Mississippi Innocence Project
Author: Isabelle Arman,Tucker Carrington
Publisher: powerHouse Books
In 2012, photographer Isabelle Armand came across an article about two men who were wrongfully convicted. The men had spent almost 20 years behind bars for a crime they didn't commit. They were exonerated after an investigation from the Innocence Project led authorities to the real perpetrator. In Levon and Kennedy, Armand presents an intimate photoessay documenting the men, their families and their environment. It seeks to raise consciousness, challenge popular perceptions about poverty and inequality in our criminal justice system, and demands that we confront these critical issues.
Author: Michael McConville
Publisher: Edward Elgar Publishing
'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.
A Young American Framed for Murder in Nicaragua
Author: Eric Volz
Publisher: St. Martin's Press
Category: Biography & Autobiography
In the spirit of Midnight Express and Not Without My Daughter comes the harrowing true story of an American held in a Nicaraguan prison for a murder he didn't commit. Eric Volz was in his late twenties in 2005 when he moved from California to Nicaragua. He and a friend cofounded a bilingual magazine, El Puente, and it proved more successful than they ever expected. Then Volz met Doris Jiménez, an incomparable beauty from a small Nicaraguan beach town, and they began a passionate and meaningful relationship. Though the relationship ended amicably less than a year later and Volz moved his business to the capital city of Managua, a close bond between the two endured. Nothing prepared him for the phone call he received on November 21, 2006, when he learned that Doris had been found dead---murdered---in her seaside clothing boutique. He rushed from Managua to be with her friends and family, and before he knew it, he found himself accused of her murder, arrested, and imprisoned. Decried in the press and vilified by his onetime friends, Volz suffered horrific conditions, illness, deadly inmates, an angry lynch mob, sadistic guards, and the merciless treatment of government officials. It was only through his dogged persistence, the tireless support of his friends and family, and the assistance of a former intelligence operative that Eric was released, in December 2007, after more than a year in prison. A story that made national and international headlines, this is the first and only book to tell Eric's absorbing, moving account in his own words. Visit the companion Exhibit Hall at the Gringo Nightmare website for additional photos, audio clips, video, case files, and more.
Comparative and Empirical Perspectives
Author: Na Jiang
The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Author: S. Trevaskes
Category: Social Science
China's infamous death penalty record is the product of firm Party-state control and policy-setting. Though during the 1980s and 1990s, the Party's emphasis was on "kill many," in the 2000s the direction of policy began to move toward "kill fewer." This book details the policies, institutions, and story behind the reform of the death penalty.
Actual Innocence, Forensic Evidence, and the Law
Author: Brent E. Turvey,Craig M Cooley
Publisher: Academic Press
Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583
The New Science of Criminal Injustice
Author: Adam Benforado
"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--
America's Criminal Treatment of Mental Illness
Author: Alisa Roth
Publisher: Basic Books
An urgent exposé of the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable.
Author: D. Kim Rossmo
Publisher: CRC Press
Avoid Major Investigative Traps What causes competent and dedicated investigators to make avoidable mistakes, jeopardizing the successful resolution of their cases? Authored by a 21-year police veteran and university research professor, Criminal Investigative Failures comprehensively defines and discusses the causes and problems most common to failed investigations. More importantly, it outlines realistic strategies for avoiding investigative pitfalls. Illuminated with case studies, this practical resource examines three main reasons for investigative failure: Cognitive biases, such as tunnel vision, that lead to mistakes in reasoning Organizational traps, such as groupthink, that investigators fall prey to within their agencies Probability errors, such as the prosecutor’s fallacy, in forensic science and criminal profiling The Dangers of Assumptions and Organizational Ego Authoritative contributors from a variety of disciplines elaborate on the aforementioned core points with commentary and case studies of well-known crimes. Written in a quick-to-grasp style, this useful text provides practical advice for avoiding investigative failures. It is an invaluable reference for investigators looking to prevent future failures of justice and find the truth.