The police has not been the case why chapter Yingying effective confession?
guanchazhewang· 2017-07-14 06:20:02
net 14 on July, an excellent Chinese visiting scholar Zhang Yingying, one was a doctoral student in Physics Department of the suspect Christensen. From June 9th to the present, the kidnapping that has touched many hearts has linked them, and has also tortured a series of questions about the American judicial system.
more than a month has passed, although Zhang Yingying has not yet found, but the case finally has phased progress - Christensen was formally charged with kidnapping, or will face the maximum sentence of life imprisonment. When is the silence of the suspect who has been silent since he was arrested and prosecuted? What sort of punishment is he likely to face?
" [why the police have not yet received the suspect effective confession? ]
7 month 3 days, Christensen in Illinois federal district court court for the first time, in a short 9 minute hearing, he will face cold, just answered "yes", the rest of the time is not sound, or just talk in a low voice and defense lawyers.
"you have the right to remain silent, or all you said would be in court as evidence, &hellip the whole process of interrogation before you have the right to ask a lawyer to accompany you by asking; …" in the American drama or movie, often can hear the criminal trial for having heard it many times. The fifth amendment to the U.S. Constitution from the "no self incrimination" and thus derived from the "you have the right to remain silent," Miranda warned. Since
Christensen suspects were arrested, the key issue for the case always silent: he only admitted met Zhang Yingying, denied that it had killed Zhang Yingying, also refused to disclose the whereabouts of Zhang Yingying, led the police have not obtained effective confession, hard case progress.
Zhang Yingying family aid lawyer Wang Zhidong said, in the investigation of criminal cases in the United States, the suspects have the right to remain silent, no person shall be forced to provide the suspects confession, especially about his own possible adverse confession, this is the American judicial system.
but on the Zhang Yingying case, some analysts pointed out that the "shield" right to silence "is not the police, but exposed police in the taking of evidence outside to collect evidence of poor results, this is the police should reflect the.
", why should the criminal counsel plead innocence? ] at
local time in July 5th second after the conclusion of the hearing, the suspect's lawyer Bruno at the door of the court to the public and the media to explain the circumstances of the case, the lawyer said the suspect not guilty, will wait for a jury trial, and said he would do "innocence of the suspect".
US prosecutors had disclosed a recording of Christensen's recordings. In the recording, Christensen explained how he kidnapped Zhang Yingying, 26. Christensen said the chapter was a struggle and he took her back to his apartment and imprisoned her.
all indications are that Zhang Yingying's disappearance is out of the question with Christensen. When the prosecution has decided to sue Christensen formally, why does the suspect refuse to admit his guilt all the time, and why does the lawyer still insist on not guilty?
analysis pointed out that in criminal cases, whether the suspect is ultimately convicted or not guilty, the lawyer's plea of innocence is common. This does not mean that the prosecution does not have sufficient evidence, nor does it mean that the defence is fully confident.
Zhang Yingying family aid lawyer Wang Zhidong said this, major criminal suspects were prosecuted in the beginning if guilty, then will only sentencing process, the conviction will not exist.
, on the contrary, is the possibility that the suspect will not plead guilty first, then negotiate with the prosecution and the defense, and finally recognize a charge he believes is acceptable.
" [how will the suspect be sentenced? Could he be sentenced to death?
] Christensen said the indictment, in violation of the United States Code eighteenth chapter 1201st (a) (1): anyone to ransom or reward or other purposes, illegal arrest, restriction, deception, seduction, kidnapping or take away any of the victims, should be long-term or life imprisonment; if the victim should be sentenced to death. Life imprisonment or the death penalty.
criminal cases in the United States require the jury to determine the defendant's guilt (convict), followed by the judge's sentencing (sentencing). As far as sentencing is concerned, each crime has a specific basic level of rank. The judge increases or decreases the corresponding level according to the characteristics of the crime, and then adjusts it according to the specific circumstances of the case.
it is worth noting that the prosecution formally indicted Christensen on the charge of "kidnapping", and did not charge his "murder."".
analysis pointed out that if Christensen is found guilty of kidnapping, will face a maximum of life imprisonment; if the prosecutors have more important evidence that the suspect did kill Zhang Yingying, may be changed to charge him with murder. Since the prosecution of the case is not abolished the death penalty federal court, if convicted of murder Christensen, the maximum sentence can be sentenced to death.
, however, a person familiar with American law analyzes that in Zhang Yingying's disappearance, the suspect may negotiate plea trading with the prosecution through a description of the location of the body in exchange for minor prosecution or reduction
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