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Group 5


Defendants’Rights in the Criminal Justice System
From group 5

Are there any relevant provisions on the protection of human rights of the accused in China's Constitution?<

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? Domestic crime scholars do not attach importance to the problem of the basic human rights of the defendants.

? When their constitutional rights in the criminal justice are deprived, they will request the Supreme Federal Court to explain.

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2.Confront Witness

1.Remain Silent

Defendants’ Rights
in the Criminal Justice System

3. A Public Trial

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4. Be Represented 企业名或组织名 by an Attorney

1.The Defendant’s Right to Remain Silent

(1) Definition
The suspect, the defendant being questioned by the police or brought to trial, has the right to remain silent and refuse to answer.
所谓“沉默权”,是指犯罪嫌疑人、 被告人在接受警察讯问或出庭受审
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时,有保持沉默而拒不回答的权利。

(2)The Origin and Establishment of Right to Remain Silent
1>Origin ? Begin in the 17th ,the United Kingdom , the constellation court (星座法院)judge John Lear (约翰李尔本)cases . ? The fifth Amendment to the US Constitution stipulates the privilege against the selfcrimination principle. (自我归罪原则) A defendant cannot be compelled in any criminal case to be a witness against himself.
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2>Establishment ? Miranda rule-making the defendant’s right be established in US. Four sentences : ? You have the right to remain silent . ? You can not answer any questions, or your statement will be evidence against you. ? You have the right to hire a lawyer to defend you. ? If you have no money to hire a lawyer, we will be free to provide lawyers for you. "
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(3)Assessment
1>Positive Significance ? An extension of the principle of the presumption of innocence 沉默权制度是无罪推定原则的延伸 ? The right to silence helps to curb torture. 沉默权有助于遏制刑讯逼供 ? To help build the judicial team, improve their ability of handling the case, and maintain the image of the judiciary 有助于司法队伍建设,提高侦查人员的办案能 企业名或组织名 LOGO 力,维护司法形象

2>Objections ? The right to silence does not contribute to the protection of the innocent. 沉默权无助于保护无辜。 ? Protecting the defendants is not fair to the victims. 保护被告人,对被害人不公平 ? Setting up a huge obstacle to the police crime detection 对警察侦破案件设置了障碍
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2. The Defendant’s Right to Confront Witness

Confrontation Clause
对质条款

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(1)Content

? In all criminal prosecutions, the accused shall enjoy the right…… to be confronted with the witnesses against him.

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(2)History
? It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face-to-face, and has been given a chance to defend himself against the charges. ——Festus ? 在一个人被处死之前,必须让他能面对控诉他有 罪的人,并有机会为自己辩护,这才是罗马人的 做法。 ——费斯图斯
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(2)History
? In the 1600's, it was common in English courts for alleged statements to be collected outside of court and used as evidence at trial. Defendants often demanded that the witnesses be brought to face them in court, but it rarely happened. The famous writer and traveler Sir Walter Raleigh, who was the lead person behind the "Lost Colony at Roanoke Island, Virginia," was convicted in court based on such "evidence," a conviction for which he was later put to death, though after many years.
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(2)History
? James Madison presented twenty proposed amendments to the Constitution on June 8, 1791. ? The First Ten Amendments, also known as the Bill of Rights, became law on December 15, 1791, including the Confrontation Clause.

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(3)Purpose
? First, it protects the defendant from statements allegedly made outside of the court being used against him when he has no opportunity to test or challenge the alleged statement. ? Second, the Confrontation Clause gives a defendant the opportunity to cross-examine the witness, allowing him to test the memory, accuracy and sincerity of the witness.
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3. The Defendant’s Right to a Public Trial

(1)Background (2)History (3)The Road to Fair (4)Conclusion
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Imagine
1>Imagine, if you will, a defendant charged in a criminal case. 2>He is arrested, tried, sentenced and imprisoned. No one sees any of this happen. 3>There is no description of the proceedings in the media and no account of the case in court records. 企业名或组织名
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What is the way to Fair? Public Trial !!!!!

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What is a public trial ?
A public trial is a legal trial held in a court made open to members of the public. Anyone may enter such a trial and observe, assuming there is room in the court, and people can follow information about trial proceedings in the media.

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When did the public trial form?
The real beginnings of the right to public trial, as we know it today, are unclear. Wording guaranteeing this right does not appear in either the English Petition of Rights of 1621 or in the English Bill of Rights of 1689. Nevertheless, the right to a public trial was a common law privilege.

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Few execptions of public trial
1. When defendants are charged with sexual assaults against children.
2. Some regarding to privacy.

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The function of the public trial
? As a safeguard against any attempt to employ our courts as instruments of persecution. ? Every criminal trial is subject to immediate review in the forum of public opinion is an effective restraint on the possible abuse of judicial power.
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Conclusion
The Sixth Amendment provides all citizens of this nation the opportunity to have their story told before the public. Such a right protects not only the defendant's interests, but also provides society at large with an important safeguard of liberty.

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4. The Defendant’s Right to be Represented by an Attorney

American defense lawyers
The job of defense counsel at trial is to prepare and offer a vigorous defense on behalf of the accused. A proper defense often involves the presentation of evidence and the examination of witness, all of which requires careful thought and planning.

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Chinese defense lawyers
Chinese defense lawyers, unlike their more famous American peers, generally shun the limelight. They also sometimes expose themselves to political risk in sensitive cases, and because of China's tightly controlled judicial process lose nearly every case that goes to trial.

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Chinese criminal-justice system
Chinese officials describe the country's criminaljustice system as transparent, impartial and independent. China will handle the Rio Tinto case in light of China's laws and legal procedures, said foreign ministry spokesman Qin Gang at a regular news briefing. As to what evidence to be presented or whether the defendants' acts constitute crime, the court will decide independently according to law.
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Observers say, however, that the deck is often stacked against defendants and their lawyers in China from the start. China courts have a remarkably high conviction rate for cases that are brought to trial: From 1998 to 2012, fewer than 1% of criminal defendants were acquitted. Lawyers' pretrial access to clients is generally limited, as is their ability to challenge the prosecution's evidence by calling their own witnesses or cross-examining those brought by the prosecution.
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Chinese defense lawyers typically face political pressure themselves in sensitive cases, partly because local governments that run the courts also handle the lawyers' annual license renewals. The lawyers often face a difficult choice between trying to vigorously defend clients -- knowing that a guilty verdict is almost inevitable -- or encouraging them to plead guilty in hopes of minimizing punishment.
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Conclusion
Compared with American Criminal Justice System. Even in cases where individual defendants express a desire to defend themselves, the Chinese courts will appoint a lawyer. They're there because they're supposed to be there. It's important that it be perceived as a legitimate legal proceeding, and part of that is having a defense lawyer.
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Finally Explanation

1 2 3

Background case-- Miranda Decision

Profound understanding-- due process

In addition to four rights-- Other rights

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Contrast-- China’s criminal trial

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1.Background case 米兰达裁决(Miranda Decision)
? Students may not be familiar with Miranda this name, but I believe you must have heard such things: ? You have the right to remain silent; ? Anything you say can and will be used against you in a court of law; ? Do you understand your rights?"
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? How? is this image like American movies often appear lines? ? In fact, this passage is the famous "Miranda warning principle".

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? The ruling of the American justice practice produced profound influence. ? Until today, the police interrogation in custody before people must read the following content:

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(1)You have the right to remain silent; (2)Anything you say can and will be used against you in a court of law; (3)You have the right to talk to a lawyer and to have a lawyer present while you are being questioned; (4)If you want a lawyer before or during questioning but can not afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning; (5)If you answer questions now without a lawyer here, you still have the right to stop answering questions at anytime.
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? After understand the above the case, we can probably understand such described: ? There are two fundamental aspects of the U.S Criminal justice system—the presumption that the defendant is innocent and the burden on the prosecution to prove guilt beyond a reasonable doubt. ? Dear students, through the above ,do you have some profound understanding?
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2.The above four rights are about the rights of the defendant Included in the American Criminal Procedure Law. They are all due process requirements.

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2.正当程序(Due Process)
? Criminal procedure refers to the methods we use to deal with people accused of committing a crime —when they can be searched ,when evidence can be seized,,when eyewitnesses can be investigated.

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? The core purpose of modern criminal procedure is to bring criminals to account in a manner that instills confidence that the result is correct and just,and meets constitutional standards of fairness(known as "due process“ in legalese.)

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3.In addition to four rights, Other rights
(1)The Defendant’s Right to Remain Silent . (2)The Defendant’s Right to Confront Witness. (3)The Defendant’s Right to a Public Trial. (4)The Defendant’s Right to be Represented by an Attorney.

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Other rights
? The Defendant‘s Right to a Jury Trial. ? The facts of the case by the jury rather than by the judge to judgment. ? Its specific approach is: the specialized agency called a certain number of legal laypeople to assist the court in the trial to evidence based on the ruling cases controversial question of fact.
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The Defendant's Right to a Speedy Trial
The sixth Amendment to the U.S. Constitution guarantee criminal defendant has the right to trial by quickly.

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The Defendant's Right Not to be Placed in Double Jeopardy
? Double Jeopardy双重追诉,双重危险 ? Refers to substantially the same crimes give two tried and convicted. ? The ban on the same crimes double prosecution is the common law of an important action principle.

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4.Contrast China’s criminal trial status
? The principle of innocent presumption in China with foreign comparison is reserved, concern and insufficient. ? The defendant failed to fully exercise the right to defense. ? Silence is not established the system in our country, so that the defendant's rights is difficult to get practical protection.
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“Criminal procedure law amendment”
? Expanded legal aid in criminal lawsuit and the suitable. ? Increase can‘t force to incriminate himself. Also is can't force anyone has confirmed that he is guilty. ? For illegal evidence exclusion and regulations. ? Through the perfect defense system, further ensuring the criminal suspect, the defendant 企业名或组织名 LOGO defence rights.

Division of Group Five
? 戴丹妮:Introduction; Integration and manufacture of the ppt ? 郝溪瑶:The Defendant’s Right to Remain Silent ? 李凌云:The Defendant’s Right to Confront Witness ? 黄永棍:The Defendant’s Right to a Public Trial ? 刘 威:The Defendant’s Right to be Represented by an Attorney ? 程 静:Finally Explanation

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