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Title Wrongful Convictions in China
Author Na Jiang
Publisher Springer
Release Date 2016-08-08
Category Law
Total Pages 356
ISBN 9783662460849
Language English, Spanish, and French
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Book Summary:

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.

Title China and International Human Rights
Author Na Jiang
Publisher Springer Science & Business Media
Release Date 2013-12-12
Category Law
Total Pages 325
ISBN 9783642449024
Language English, Spanish, and French
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Book Summary:

This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.

Back From The Dead by He Jiahong

Title Back from the Dead
Author He Jiahong
Publisher University of Hawaii Press
Release Date 2016-03-31
Category Law
Total Pages 264
ISBN 9780824856618
Language English, Spanish, and French
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Book Summary:

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.

Back From The Dead by Jiahong He

Title Back from the Dead
Author Jiahong He
Publisher Unknown
Release Date 2016
Category Criminal justice, Administration of
Total Pages 86
ISBN 0824868706
Language English, Spanish, and French
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Book Summary:

China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyses many problems in China's justice system.

Title Criminal Injustice in China
Author Jing Zhang
Publisher Unknown
Release Date 2013
Category Criminal justice, Administration of
Total Pages 112
ISBN OCLC:878603581
Language English, Spanish, and French
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Book Summary:

Title Comparative Perspectives on Criminal Justice in China
Author Michael McConville
Publisher Edward Elgar Publishing
Release Date 2013-01-01
Category Law
Total Pages 593
ISBN 9781781955864
Language English, Spanish, and French
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Book Summary:

'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.

Criminal Justice In China by Mike McConville

Title Criminal Justice in China
Author Mike McConville
Publisher Edward Elgar Publishing
Release Date 2011-01-01
Category Law
Total Pages 576
ISBN 9780857931917
Language English, Spanish, and French
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Book Summary:

.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.'

Convicting The Innocent by Brandon Garrett

Title Convicting the Innocent
Author Brandon Garrett
Publisher Harvard University Press
Release Date 2012-09-03
Category Art
Total Pages 376
ISBN 9780674066113
Language English, Spanish, and French
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Book Summary:

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.

Title The Construction of Guilt in China
Author Yu Mou
Publisher Bloomsbury Publishing
Release Date 2020-04-02
Category Law
Total Pages 280
ISBN 9781509913046
Language English, Spanish, and French
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Book Summary:

Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.

Title Chinese Legal Reform and the Global Legal Order
Author Yun Zhao
Publisher Cambridge University Press
Release Date 2017-11-09
Category Law
Total Pages 326
ISBN 9781107182004
Language English, Spanish, and French
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Book Summary:

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Justice by Flora Sapio

Title Justice
Author Flora Sapio
Publisher Cambridge University Press
Release Date 2017-07-31
Category Law
Total Pages 421
ISBN 9781107190429
Language English, Spanish, and French
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Book Summary:

Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.

Title Wrongful Convictions and the DNA Revolution
Author Daniel S. Medwed
Publisher Cambridge University Press
Release Date 2017-03-30
Category Law
Total Pages 419
ISBN 9781107129962
Language English, Spanish, and French
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Book Summary:

This book examines the lessons learned from twenty-five years of using DNA to free innocent prisoners and identifies lingering challenges.

Title Do Exclusionary Rules Ensure a Fair Trial
Author Sabine Gless
Publisher Springer
Release Date 2019-04-17
Category Law
Total Pages 380
ISBN 9783030125202
Language English, Spanish, and French
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Book Summary:

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Title The Exclusionary Rule of Illegal Evidence in China
Author Jingkun Liu
Publisher Springer
Release Date 2019-02-18
Category Law
Total Pages 335
ISBN 9789811337567
Language English, Spanish, and French
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Book Summary:

The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.

The Innocent Man by John Grisham

Title The Innocent Man
Author John Grisham
Publisher Dell
Release Date 2010-03-16
Category True Crime
Total Pages 448
ISBN 0307576019
Language English, Spanish, and French
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Book Summary:

#1 NEW YORK TIMES BESTSELLER • John Grisham’s first work of nonfiction: a true crime story that will terrify anyone who believes in the presumption of innocence. NOW A NETFLIX ORIGINAL DOCUMENTARY SERIES “Both an American tragedy and [Grisham’s] strongest legal thriller yet, all the more gripping because it happens to be true.”—Entertainment Weekly In the town of Ada, Oklahoma, Ron Williamson was going to be the next Mickey Mantle. But on his way to the Big Leagues, Ron stumbled, his dreams broken by drinking, drugs, and women. Then, on a winter night in 1982, not far from Ron’s home, a young cocktail waitress named Debra Sue Carter was savagely murdered. The investigation led nowhere. Until, on the flimsiest evidence, it led to Ron Williamson. The washed-up small-town hero was charged, tried, and sentenced to death—in a trial littered with lying witnesses and tainted evidence that would shatter a man’s already broken life, and let a true killer go free. Impeccably researched, grippingly told, filled with eleventh-hour drama, The Innocent Man reads like a page-turning legal thriller. It is a book no American can afford to miss. Praise for The Innocent Man “Grisham has crafted a legal thriller every bit as suspenseful and fast-paced as his bestselling fiction.”—The Boston Globe “A gritty, harrowing true-crime story.”—Time “A triumph.”—The Seattle Times BONUS: This edition includes an excerpt from John Grisham’s The Litigators.

Title The Death Penalty in China
Author Bin Liang
Publisher Columbia University Press
Release Date 2015-12-01
Category Law
Total Pages 384
ISBN 9780231540810
Language English, Spanish, and French
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Book Summary:

Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

Stigma by Jinhua Guo

Title Stigma
Author Jinhua Guo
Publisher World Scientific
Release Date 2016-02-04
Category Medical
Total Pages 264
ISBN 9781938134821
Language English, Spanish, and French
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Book Summary:

Based on two and a half years of fieldwork in China, this book examines the cultural genesis and social mechanisms of stigma related to mental illness and HIV/AIDS in China. It also explores the bio-politics on stigma through detailed description of social exclusion experienced by people suffering from mental illness or HIV/AIDS and by systematic comparison on stigma between the two illnesses in the Chinese context. Through the comparison, this book describes the micro socio-dynamic process of stigmatization in the local Chinese context, highlights the identity transformation accompanying the illness trajectory the patients and their families have lived through, and ultimately connects Chinese society and its community-centered social value system and institutional arrangement to the stigma associated with mental illness and HIV/AIDS. Contents:Theoretical Reviews and CritiquesEthnography of Stigma Associated with Mental IllnessEthnography of Stigma Associated with HIV/AIDS in BeijingEthnography of Stigma Associated with HIV/AIDS in YunnanA Comparative PerspectiveConclusion Readership: Readers who are interested in learning more about the cultural genesis and social mechnism related to mental illness and HIV/AIDS in China, and how they connect with the Chinese society and the social values in general. Key Features:One of the first stigma studies on mental illness and HIV/AIDS in ChinaOne of the first ethnographies on the living conditions of people suffering from mental illness and HIV/AIDS in ChinaCombines social and cultural construction perspectives on stigmaKeywords:Stigma;Ethnography;Mental Illness;HIV/AIDS;China;Chinese Society;Social Issues

Title Handbook on Human Rights in China
Author Sarah Biddulph
Publisher Edward Elgar Publishing
Release Date 2019
Category Electronic books
Total Pages 768
ISBN 9781786433688
Language English, Spanish, and French
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Book Summary:

This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.

False Justice by Jim Petro

Title False Justice
Author Jim Petro
Publisher Routledge
Release Date 2014-07-11
Category Social Science
Total Pages 300
ISBN 9781317667728
Language English, Spanish, and French
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Book Summary:

Compelling and engagingly written, this book by former Attorney General of Ohio Jim Petro and his wife, writer Nancy Petro, takes the reader inside actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, and exposes eight common myths that inspire false confidence in the justice system and undermine reform. Now newly published in paperback with an extensive list of web links to wrongful conviction sources internationally, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent person. Myth 3: Only the guilty confess. Myth 4: Wrongful conviction is the result of innocent human error. Myth 5: An eyewitness is the best testimony. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors the victim to question a conviction. Myth 8: If the justice system has problems, the pros will fix them.

Title Renmin Chinese Law Review
Author Jichun Shi
Publisher Edward Elgar Publishing
Release Date 2017-01-27
Category
Total Pages 296
ISBN 9781786434319
Language English, Spanish, and French
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Book Summary:

Renmin Chinese Law Review, Volume 4 is the fourth work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China.