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  #1  
Old 02-15-2018, 02:01 AM
chunghwapost chunghwapost is offline
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Default Introduction to Plea Bargaining in China

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  #2  
Old 03-11-2018, 02:03 PM
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CONFESS, chunghwa! Confess!

The prosecutor's office will take care of you.

You can trust them.
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Old 03-12-2018, 08:44 PM
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You know, for as repressive as the Chinese system of justice is said to be, are we really that much better in the West?

Sure, we're "innocent until proven guilty" in THEORY... but in reality, once arrested, even if we bail out on our charges, we are held to restrictive conditions while out on bond, and if you don't "voluntarily" plead guilty just the same, you're going to be broken off at sentencing if you're found guilty at trial anyway.

In China, they just skip the middle-man (defense lawyer) and have you cooperate directly with the Prosecutor's Office instead. Give you a "duty lawyer" to hold your hand through the whole process.

Gotta give the Chinese points for efficiency, at least.

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Old 03-15-2018, 07:47 AM
chunghwapost chunghwapost is offline
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Quote:
Originally Posted by Nickel Timer View Post
CONFESS, chunghwa! Confess!

The prosecutor's office will take care of you.

You can trust them.
Haha if I did I may not even be here today
Plea bargain is good for police and prosecution as it makes their work much easier.
It may only work if they have a very strong case against you. People have to realise police and prosecutors are not your friend. They only convince you to build a case against you.
I know plea bargain is also highly contraversial in the US.
Do a lot of people take plea bargain over there?
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Old 03-15-2018, 07:56 AM
chunghwapost chunghwapost is offline
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Quote:
Originally Posted by Nickel Timer View Post
You know, for as repressive as the Chinese system of justice is said to be, are we really that much better in the West?

Sure, we're "innocent until proven guilty" in THEORY... but in reality, once arrested, even if we bail out on our charges, we are held to restrictive conditions while out on bond, and if you don't "voluntarily" plead guilty just the same, you're going to be broken off at sentencing if you're found guilty at trial anyway.

In China, they just skip the middle-man (defense lawyer) and have you cooperate directly with the Prosecutor's Office instead. Give you a "duty lawyer" to hold your hand through the whole process.

Gotta give the Chinese points for efficiency, at least.
You are right and in China this is even worst.
Conviction rate is at least 90%
Some people still believe the mindset they receive leniency if they confess and severity if they resist
Police are known to make people confess through deceit and even torture.
Police often build their case through confession.
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Old 03-15-2018, 09:54 AM
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If you think the conviction rate in China is bad...check out the US Federal conviction rate! 99.8% as of 2016! http://justicedenied.org/wordpress/archives/3190

https://en.wikipedia.org/wiki/United...rceration_rate
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The United States has the highest documented incarceration rate in the world, at 754 per 100,000 (as of 2009).[9][10] As of December 31, 2010, the International Centre for Prison Studies (ICPS) at King's College London estimated 2,266,832 prisoners from a total population of 310.64 million as of this date (730 per 100,000 in 2010).[11]
However...more on topic...plea deals can save the guilty from crazy long sentences IF they are willing to cooperate and save the court the time and expense of a trial...but they add a whole new terrifying level of corruption.
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Old 03-15-2018, 11:19 AM
chunghwapost chunghwapost is offline
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Quote:
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If you think the conviction rate in China is bad...check out the US Federal conviction rate! 99.8% as of 2016! http://justicedenied.org/wordpress/archives/3190

https://en.wikipedia.org/wiki/United...rceration_rate


However...more on topic...plea deals can save the guilty from crazy long sentences IF they are willing to cooperate and save the court the time and expense of a trial...but they add a whole new terrifying level of corruption.
I guess so, in many jurisdictions police rely a lot to obtain suspect confession. I don't know if it is the same case in US. In China the police sometimes use torture, psychological factors to make people confess, that is why you read about a law of human rights abuses. In the past defense lawyers play a much more limited role, even though the law has changed in 2013 which allow lawyers to meet their client in custody without first getting police approval, but defense lawyers still being prevented a lot to exercise their rights in reality, police does not welcome lawyers.

In theory yes, but it also saves the police lot of time to get confessions. As for corruption problem, I think people will take advantage of it, China is not known to be a very "clean" and "fair" judicial system. In China, authorities has the power to detain someone for up to 37 days until you are formally charged.

http://www.xinhuanet.com/english/201..._135657703.htm
Zhou Qiang, president of the SPC, explained that there can be no punishment in cases where there was doubt or insufficient evidence, but that in practice it was often difficult to obtain sufficient evidence, especially in cases where concealment was involved. Therefore, suspects and defendants should be encouraged to confess, which would help prevent the obtaining of evidence through illegal methods such as torture.

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Old 03-15-2018, 04:29 PM
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Yes, that probably is one big difference between the US and China.

Here, the police also try very hard to secure confessions out of suspects, as doing so helps them build a much stronger case against their suspect, almost guaranteeing a guilty verdict if the suspect dares take it to trial after they've confessed.

But at least here, ever since the major criminal justice reforms of the 1960s, the police can no longer use physical force or torture to "beat" a confession out of a suspect. Instead, they must now employ non-violent means, such as using psychological tricks and tactics to wear a suspect down. These methods are still very effective, as many criminal suspects still end up waiving their rights and confessing to their crimes none-the-less.
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Old 03-15-2018, 09:05 PM
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https://www.google.com/amp/s/amp.the...s-human-rights

China must respect lawyers human rights
https://mobile.nytimes.com/2016/12/0...google.com.hk/
Confessions Made Under Duress Tarnish China’s Graft Fight, Report Says

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