Joke Collection Website - Bulletin headlines - Why do criminal suspects often say "I want to see a lawyer" in American movies?
Why do criminal suspects often say "I want to see a lawyer" in American movies?
You often hear the police say to the suspect: you have the right to remain silent ... you have the right to hire a lawyer ... This kind of words is called "Miranda warning", which is the duty of the police to inform. It is at the time of arrest and control that American lawyers have the right to intervene in criminal proceedings and provide legal aid to criminal suspects. So, the suspect will say, I want to see a lawyer. According to the law of China, lawyers can provide legal aid to criminal suspects from the day when they are first interrogated or compulsory measures are taken, but it is limited to providing legal advice, filing complaints and accusations. In addition, in the American legal system, criminal suspects have the right to remain silent, that is, they can not answer questions. Therefore, the suspect can refuse to answer questions before seeing a lawyer. In China, this is a question of guilty attitude. The attitude of pleading guilty can be regarded as one of the circumstances of sentencing.
The criminal trial in American law takes the form of cross-examination, in which the prosecution and the defense ask the witnesses in turn, and the jury decides whether the defendant is guilty or not. Moreover, it is a strict presumption of innocence and a strict system of excluding illegal evidence, that is, the prosecution must rule out all possibilities and have sufficient evidence to prove that the crime was committed by the defendant. The most famous example is Simpson's murder of his wife. There is enough evidence such as his wife's blood in the gloves he wears. However, it is precisely because the defense lawyer seized the loopholes in the prosecution's evidence and the racial discrimination of the police investigating the case that the jury finally ruled him innocent and exempted him from responsibility, and only assumed civil responsibility for the deaths of his ex-wife and boyfriend. In China, the trial mode of combining prosecution and defense is adopted, in which the prosecution gives evidence and the defense cross-examines, and the testimony is often heard in written form instead of witnesses appearing in court. In the absence of a jury, the judge decides whether the evidence is true or not and whether the defendant is guilty. So you can see the plaintiff and the defendant running around in Hongkong, Taiwan Province, Europe and the United States wearing wigs, and you can also see that the judge is just a simple presiding judge, not the final arbiter.
This is entirely the result of two completely different judicial systems in China and the United States.
Attachment: Simpson's wife killing case/view/666115.htm.
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