In the name of love

One should be innocent until proven guilty, and if there is even a shred of doubt in the judge's mind, the defendant should be acquitted.I think everyone here, legal or not, knows the term. "

"The so-called 'principle of presumption of innocence' is no longer a difficult philosophy in this society ruled by law, but a catchphrase that everyone can speak."

Judge Zhang slightly closed his eyes.

"But I have been in this position for many years and have experienced countless large and small cases. I must regret to tell you that the so-called presumption of innocence has never existed in this court. It should be said that everyone knows this The principle is not a principle, it is just an idea, a belief, and even a lie."

"He's the kind of lie that we all hope to be able to do, but actually can't and can't do."

Judge Zhang emphasized the word "lie".The courtroom was very quiet, and even the escort on the left was quietly listening to Judge Zhang's soft and firm voice.

Four in the name of love

Judge Zhang emphasized the word "lie".The courtroom was very quiet, and even the escort on the left was quietly listening to Judge Zhang's soft and firm voice.

"We cannot arrest an innocent person from his home and put him in a detention center. We cannot force an innocent person to go to court and be questioned and tested by everyone. We cannot enter the innocent We can’t allow an innocent person to be exposed to the sun like this, to accept the scrutiny of the media, everyone in the auditorium, and the public.”

"If we really believe from the bottom of our hearts that the defendant standing here is innocent and has no intention of doubting his guilt, we have no right to do this to him."

"But if this is not done, the trial will definitely not be able to proceed. Once this is done, the principle of presumption of innocence is like empty words. Such contradictions have existed in courts for a long time, but most people still wave this empty banner. "

Judge Zhang looked around the courtroom.

"We will finally admit one thing: that is, no matter whether the judge, the general public, or the gentlemen present, we have never and cannot think that the defendant standing in front of us is not guilty. On the contrary, There are more or less doubts in our hearts."

"Did he do it? Was he lying? We would ask such questions over and over again in our hearts. Some people think he is almost a criminal, some people think he did it [-]%, some people think [-]% or [-]%, but none Those involved in the courtroom, probably including the defense attorneys, firmly believe that this defendant is completely innocent."

Yulu was startled, and was reminded of many memories.When he met Ye Chang for the first time in the detention center, he didn't really believe him very much. If trust can be calculated in terms of numbers, Yulu probably only believed three points of Ye Chang's words at that time.

That's why he pushed the case to Ji Lan. At that time, like most people, he believed that Ji Lan was the kind of defense lawyer who could turn the dead into living, and turn black into white. ’ Even doing it can make him look like he’s doing nothing. 'This was Yulu's initial thoughts on this case.

Even before seeing the letter brought by Ai Jian, Yu Lv was half-believing.Probably because he has too much empathy for people like Ye Chang, even if he might commit rape in that state, there is no reason why Ye Chang can't do it.

He suddenly felt a little dazed. What exactly is "trust"?Is there really [-]% "trust" or [-]% "distrust" in the world?

"This kind of thinking is rather in line with human nature, while the contrary presumption of innocence, this high-sounding principle is completely at odds with human cognitive forms, and it will never be realized on the human level."

"And we have to understand that, and then face it, to really understand how dangerous we are with defendants who haven't been tried."

"Precisely because we can't control how much doubt we have in our hearts, and we are unconscious of the doubts in our hearts, we are able to do some essentially cruel things to the defendant with impunity."

Ji Lan straightened her back slightly and stared at Judge Zhang on the judge's bench. She picked up the verdict with her slender five fingers and closed her eyes slightly.

"When we understand the matter, we are qualified to discuss it further: When we have doubts in our hearts about a defendant, and this doubt exists until the end of the trial, what should we do?"

"I think you should already be very clear, [-]% non-doubt, and [-]% doubt, these are things that are contrary to human nature, and it will never be possible. Judges are also flesh and blood, and we cannot be [-]% sure in our hearts. , this defendant is guilty and that defendant is innocent.”

"But the verdict is still to be handed down. I think both the prosecutor and the defender will tell me that if you cannot be [-]% sure of your guilt, you should be acquitted, right? But according to the above statement, we cannot be [-]% sure of our guilt for every defendant, so Is it true that I can only give a verdict of not guilty to all the defendants standing in front of us?"

"I think the answer is no, not really possible, otherwise the courts would be closed."

Judge Zhang's tone was slightly humorous, and he straightened up.

"So, what should we do? We can't be [-]% sure that the defendant is guilty, but we can't give a verdict of not guilty. I think there are two choices in front of you now."

She held up two fingers.

"We can do this, although suspicion cannot be quantified, but we can roughly explain it in terms of percentages, if we have more than 50.00% suspicion of a defendant, that is, of the two, A is more suspect than B, and all If the evidence also supports that A is more likely than B to commit this crime, then we arrest A and let B go.”

"This is definitely a more reasonable approach for everyone. It not only punishes A who is more likely to commit a crime, but also does not wrongly accuse B who is less likely to commit a crime. It is very effective in reducing the possibility of wrong judgment. Even from our judge From my point of view, this is the right thing to do.”

She bent a finger.

"But we can also do this: since A is 50.00% one suspect, and B is 40.00% nine suspects, no matter how many suspects there are, they are all suspects. Since it cannot be determined in the end, then A and B should be arrested together. "

"This approach is also correct. Arrest all possible criminals. In this way, one of A or B may be resentful, because there is only one real murderer, and the other must be wronged. But for the victim C As far as he is concerned, it will be the utmost protection, and he will be able to sleep peacefully at night from now on."

Judge Zhang looked at Ms. Wu who was sitting in a corner of the courtroom with a slightly pale face. Ms. Wu also listened very attentively, occasionally wiping the corners of her eyes with a handkerchief, raised her head and took a deep breath.

"The above two approaches are correct, and in some respects, we have solved our problems and found the answer."

"You must have noticed that according to logic, we actually have a third option. That is, when A is 50.00% one-suspected, and B is 40.00% nine-suspected, because neither of them can be sure that there is a crime, so we Neither arrest A nor arrest B, let both go."

"This seems like the worst answer. If the two possible criminals are released, then the victim C must be in constant fear. He must lock the door at night and worry about being hurt by one of A or B again at any time. And from another perspective, A and B are free from justice, and they are no longer responsible for what they have done."

"But I must tell you that this answer has been the standard answer in law textbooks for a long time. Although it is not the only correct answer."

Judge Zhang seemed to smile wryly, and straightened up again.

"These three answers, no matter which one, we cannot say that he is the wrong answer, each option is correct, and each option will have something to be protected. But at the same time, we will also sacrifice some thing."

"Choose the second answer, we protected the victim, but at the expense of either A or B, or even both, choose the third answer, we protected either A or B, or possibly both, But at the expense of the victim."

"The first one seems to be the safest, but it is very likely that A is not the criminal. We sacrificed the possibility of A's innocence, and also sacrificed the possibility of C being harmed again by B who let him go."

"Difficult, isn't it? No matter which side we choose, it's not going to be without sacrifice."

"So I never thought there was a standard answer to such a choice."

"Even if the textbooks tell us an answer, the general public may have an answer, and the victim may also have an answer. But I always believe that this is a matter of choice, and everyone here, you want our courts and our society to be How to look like a multiple-choice question."

"We can choose a court that severely punishes criminals. After sitting here for so many years, I have seen many criminals who are more vicious than the defendant Ye Chang in this case. It is very embarrassing to find a cage to lock him up immediately, lest he go out again to harm People. Of course we can choose this kind of court, no matter how much evidence there is, if there is any doubt, convict him, lock him up, let our children be protected, and society can be peaceful."

"We can also choose a court that protects human rights extremely, and every person who walks into the court