Guangzhong, Chen; Zengzun, Yu --- "Considerations on some problems in preventing wrongful convictions" [2017] ELECD 349; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 133

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434302

Section: Chapter 7

Section Title: Considerations on some problems in preventing wrongful convictions

Author(s): Guangzhong, Chen; Zengzun, Yu

Number of pages: 20

Abstract/Description:

Justice is the core value of a judicial system. However, the arms of justice may not be long enough to reach all cases. Wrongful conviction is the worst form of miscarriage of justice. Recently, exposure of several wrongful cases such as the Zhang Hui & Zhang Gaoping and the Xiao Shan cases attracted wide attention from the public and senior leaders of China. Preventing wrongful convictions is an important task of the judicial authorities and is crucial in safeguarding human rights. This chapter discusses several issues related to wrongful convictions. Wrongful conviction is defined by different standards. Some countries and international organizations define wrongful conviction from the perspective of compensation. As pointed out in a report from the Law Commission of New Zealand, ‘the following situations shall be categorized as wrongful cases: the accused was released with no official charge after being arrested or detained …’. Professor James S. Liebman from Columbia University studied death penalties applied from January 1, 1973 to October 2, 1995. In his paper, the criterion of a wrongful death penalty case is that the death penalty was overruled and changed to a lenient punishment or the verdict even changed to not guilty after a new trial.