Hogwarts Gymnastics Professor

Chapter 229 Procedural Justice
The negotiation went very smoothly, and the day of the public trial was coming soon. At this time, two issues that the French wizard guerrillas hadn't considered before emerged.

First, the head of this generation of the Capet family, Hopkins Capet, claimed that he was above the law and the French wizarding court after learning that he would be tried in accordance with the French wizarding law and the National Wizarding Law.

Hopkins Capet, the patriarch of the Capet family, proposed that one of the ancestors of the Card family, Fila Capet, was the predecessor of the French Ministry of Magic and the founder of the United Club of French Wizarding Families.

At the same time, the main buildings of the French Ministry of Magic are all from the Capet family, and there has been no clear statement about the ownership of these buildings and the French Wizarding Families United Club. Therefore, the leader of the Capet family proposed that the French Ministry of Magic is The private property of the Capet family, it is a company belonging to the Capet family, and the officials of the Ministry of Magic are all managers of the Capet family.

This is indeed a question. As early as [-], something similar happened in the French magic circle. At that time, the Ministry of Magic entered into a debate. Could the patriarch of the Capet family be tried?
According to various laws in the magical world, the Ministry of Magic of a certain country has no power to judge wizards who are not from that country.

The wizard's person is sacred and inviolable.Mayer, then Minister of Magic, expressed his opposition to the inviolability clause in the name of the Society.

But in the end it was not passed, and now it has become a problem faced by the French wizard guerrillas.

This is indeed a historical problem in the French magic world. Lockhart suspects that this historical problem may even be left on purpose by the Capet family in order to protect themselves and their illegal rights.

In the end, under the guidance of Dumbledore, the French wizarding partisans decided to skip the French Ministry of Magic and directly file a lawsuit against the Capet family patriarch Hopkins Capet to the International Confederation of Wizards.

The second problem is that if a wizard is prosecuted to the International Federation of Wizards, the prosecution must have two wizards of different nationalities as defense lawyers for the prosecution, and these lawyers must hold any lawyer issued by the Ministry of Wizardry and Magic. Certificate.

Two lawyers from different countries are naturally not a problem in the UK. Lockhart decided to do it himself. Before Lockhart was imprisoned for the first time, he had systematically and carefully studied wizard law, and later he also passed the lawyer's exam. Obtaining a professional qualification certificate is easy.

However, I couldn't find the second lawyer. The wizard lawyers in the magic world of various countries are all legal professionals and understand the energy of the Capet family. Therefore, no wizard dares to stand up against those who claim that they are higher than the French wizard law. Hopkins Capet sued, and the French wizarding guerillas didn't have any wizards with a bar.

Finally, under Lockhart's full search, a French lawyer named James Cameron decided to sue Hopkins Capet together with Lockhart.

As a result, on the second day, his house suffered a fire, and James Cameron immediately gave up suing Hopkins Cape with Lockhart.

It was a big problem, and in the end it was solved unexpectedly in a way that Lockhart hadn't thought of.

The current principal of Azkaban University of Wizardry and Ilich, the head of the Education Department of the British Wizarding Council, is actually a practicing lawyer.

Although according to what Ilich said, he never read any legal books or judgments after he was licensed as a wizard lawyer, but Lockhart didn't care. Defense was not the focus of this prosecution.

Five days later, the public trial against Capet family patriarch Hopkins Capet began.

Lockhart submitted all the evidence, including the results of Hopkins Cape's memory displayed in the Pensieve, and Hopkins Cape's question and answer record after drinking Veritaserum,
There are also several prisoners from the Bastille Underground Magic Prison, who also showed their memories and the question-and-answer video after drinking Veritaserum.

Lockhart thus linked Hopkins Cape to multiple murders, kidnappings, child trafficking, and patent infringements.

Hopkins Cape focused his defense on the fact that Lockhart's various sources of evidence were illegal and therefore not of any testimonial use.

Very well, the other party's debate satisfied Lockhart very much. In this trial, Lockhart particularly hoped that procedural justice could be thoroughly implemented. It would be best if both parties were arguing about so-called procedural justice.

Procedural justice refers to the fairness of the adjudication process (relative to the adjudication result) and the justice of the legal procedure (relative to the substantive conclusion).That is, "visible justice" is a legal cultural tradition and concept in Anglo-American law countries.

This stems from a well-known legal motto "Justice must not only be done, but must be seen to be done." (Justice must not only be done, but must be seen to be done.).

Procedural justice is a value goal that is realized through the legal procedure itself rather than the result it intends to produce.

However, the theories of British and American scholars on procedural justice and the concept of procedural justice formed by the Anglo-Americans seem to emphasize procedural justice too absolutely, because procedural justice is regarded as an absolute factor that can completely determine the outcome of adjudication:

As long as fair and reasonable procedures are followed, the result of the court's judgment is considered justified, regardless of whether the judgment is based on correct and reliable case facts.

Procedural justice is to ensure greater justice in the outcome.If the procedure is just enough, but the probability of injustice in the result is too high, or is increasing, it is the procedure that should be adjusted, rather than tolerating the injustice of the result.

Many people's pursuit of procedural justice is blind. When talking about procedural justice, many people will always bring up the Simpson murder case, and tell you how cases such as the "Simpson murder case" pay attention to procedural justice and how procedural justice is. amazing.

At this time, you only need to ask one question, not many, just one question: Why are all the procedural justice cases you mentioned are cases of rich people?Why are almost no poor people finally released after procedural justice.

The Simpson murder case in the United States is a case that is mentioned almost every time procedural justice is mentioned.

Simpson is a famous American football player. After divorcing his wife, his ex-wife and her boyfriend were murdered in the apartment.The police immediately identified the suspect as his ex-husband Simpson.

Because on the night of the incident, Simpson's driver saw Simpson rushing home from outside.The driver immediately knocked on the door, but Simpson lied that he had been sleeping just now.Then asked the driver to take him to the Chicago airport.

In the early hours of the next day, Simpson was notified of his ex-wife's death by the police in Chicago and asked to return to California.During the police interrogation, it was found that Simpson was injured. Simpson said that he broke the mirror and scratched because he was too excited to hear the death of his ex-wife.

Because of Simpson's fame, the police temporarily released him.A few days later, the police conducted a full investigation and summoned Simpson, but Simpson fled in a car.

The police dispatched police forces from three counties to launch a roundup, and the helicopter filmed the whole process. The American TV station interrupted the live broadcast of the NBA game and urgently broadcast the scene of the arrest.

.Audiences across the U.S. saw the unforgettable footage.After the arrest, a lot of evidence pointed to Simpson as the murderer.There were two drops of Simpson's blood, hair, and footprints at the scene of the crime. A pair of bloody gloves belonging to the same pair were found at the scene and at Simpson's home, and the victim's blood was also found in Simpson's car.

The prosecution believes that the evidence is overwhelming.But what the prosecution didn't expect was that their so-called ironclad evidence was finally untenable because of procedural justice.

The prosecution's evidence collection was very hasty.The policeman who investigated the case was a nationalist who had made many discriminatory and insulting remarks about people of color in public.It was also because of racial discrimination that the testimony of witnesses was ruled invalid by the jury.

In addition, the police illegally entered Simpson's home to investigate and collect evidence during the case, and the evidence found in this case is invalid.Even so, the suspect's blood collected at the scene was not immediately sealed up and sent to the identification center, but was brought to the scene by the police.

Preservatives were detected in Simpson's DNA blood, and only 8 milliliters of the 6.5 milliliters of blood originally collected were left.So all the evidence is questionable.In court, Simpson struggled to wear gloves, so the 12 jury members agreed that Simpson was not the murderer.

In the end, the court ruled Simpson not guilty based on procedural justice.Simpson was so proud that he wrote an autobiography "If I Did It", detailing every detail of how he would kill his wife.

The results of Simpson's murder of his wife reflected many problems of procedural justice.

First of all, Simpson spent a total of nearly 1000 million US dollars in the criminal trial. He hired the most talented lawyers, the most famous criminal investigation experts, and even scientists. experience.

They testified that there may have been another person's footprints at the scene, and DNA bloodstain identification may not be [-] percent accurate.The United States is a society with a very developed commodity economy. Many things, including a person's success or failure, are almost judged by money.

It is an indisputable fact that money plays an indirect role, as in the way American politics is campaigned.The American media is outspoken about this.

It is precisely because of Simpson that he hired the most talented and famous lawyers at a high price. They used all their wisdom and experience to challenge the prosecution time and time again, which made the case complicated and protracted, and made the jury judge all cases. Doubts about the reliability of the evidence obtained.

At that time, the racial antagonism in American society was still obvious.According to a questionnaire survey before the verdict, 74% of whites believed that the defendant was guilty, while 77% of blacks believed that he was not guilty.

But both black and white admit that if Simpson were poor enough to afford a top-notch lawyer, he would have to go to jail.This is called "money can make ghosts turn the mill", which is true in ancient and modern China and abroad.

And, on top of that, the Simpson jury was mostly black.Black people are particularly grouped together, so they will naturally favor black stars.

In the end, Simpson was acquitted. The biggest reason was that although there were countless evidences to prove that Simpson had committed murder, all the evidence was useless due to the illegal evidence collection process.

The evidence collection process took place at 6:13 a.m. on June 5 of that year. Four white criminal police officers came to the walled Simpson residence.They rang the bell at the front door for a long time, but there was no answer.

At this time, Foreman searched along the fence alone, and found a white Ford Mustang off-road vehicle parked on the road behind the fence.

After careful observation, Foreman yelled for Sheriff Warnert to come over and look at it, saying that a tiny blood stain was found on the driver's door handle.Winnert and two other officers were "shocked" when they saw the blood.Fearing that the lives of those inside the house were in danger, they decided to enter the house and conduct an emergency search.

This search had a great impact on the outcome of the case of the century, because the police officers did not have a search warrant at the time.According to the judicial concept of the United States, the police is a kind of "lawful violence and necessary evil". The power of this institution must be strictly limited, otherwise it will become a tool for despotic tyrants and corrupt officials to bring disaster to the country and the people.

The judge at the time believed that in the Simpson case, judging from Foreman's "discovery of blood" and the fact that no one answered the door for a long time, the trespassing of the four police officers could barely be regarded as "reasonable belief".

However, after officers entered the residence, they should stop the search once they found that the lives of Simpson and his family were not in danger.Simpson's home can only be legally searched after contacting a judge and obtaining a search warrant.

On October 1995, 10, at 3 a.m. western time in the United States, when the ruling in the Simpson case was about to be announced, the entire United States came to a standstill for a while.

President Clinton pushed back military affairs; former Secretary of State Baker postponed speeches; Wall Street stocks were thinly traded; long-distance phone lines went silent.

Thousands of police officers are fully armed, and they are all over the streets and alleys of Los Angeles, as if they are facing an enemy. According to CNN statistics, about 4000 million Americans watched or listened to the final verdict of the "Trial of the Century".Jury verdict: Simpson not guilty.

Twelve years later, Simpson's autobiography "If I Did It" confessed the truth about killing his wife, but according to the principle of "no double prosecution" in American law, a person cannot be prosecuted twice for the same crime. The system has nothing to do with him.

At that time, public opinion in the United States was in an uproar, criticizing Simpson's autobiography for causing Americans to lose confidence in the judicial system and doubt the value of freedom of speech.

Lockhart really wanted to know if Hopkins Capet and all the wizards in France knew that he had committed a crime, and they were finally acquitted because of the so-called procedural justice, would they be angry? ?Will they regret giving up the fight too soon, will they be able to see the true colors of the French Ministry of Magic?
Lockhart was looking forward to it.

　The book is about to be finished, and the new book "The Rebellious Monkey King" has been uploaded. I hope all readers can take a look.

　　
　
(End of this chapter)