Was that really a trial or a puppet show?
This afternoon we visited a criminal court to watch a trial. Unlike trials in the US, trials here are closed to the public. When our program wanted to view a trial intially, they got a lot of static. The first year that they were granted permission the defendant recanted his confession which shocked everyone in the room and meant that the trial process would be a lot more difficult than anticipated.
About 80% of defendents confess to their crime making the trial more like a sentencing hearing than a trial in the sense that we know from Law and Order. The trial we watched today is a great example. The defendent, a woman, was accused of stealing 1660 yuan. She was arrested on the spot and confessed, but claimed that she had taken a sleeping pill and drank alcohol so she didn't remember the event. She had been in detention for 5 months prior to this date.
One key concept in Chinese criminal law is the guilty line. In the US, you break the law and you commit a crime. Here there is more discretion on what is considered a crime. If you steal something, like a bicyle, then that is below the guilty line. You will likely have to reimburse the owner and pay a fine or some other type of smaller punishment but no jail time. You have violated the law, but have not committed a crime. If the amount stolen is over this amount then you have committed a crime and are subject to more serious punishment in addition to the supplemental or smaller punishments.
In the case today, the line had been crossed and she had committed a crime punishable by up to 3 years imprisonment. The evidence was presented by the prosecutor, the confession, the victim's statement, witnesses, and some photos. All of the evidence was admitted and neither the defendant or her lawyer added more information. Based on the evidence the judge determined that she had stolen the money and was guilty of the crime.
Next they moved to sentencing and punishment. The prosecutor pointed out the strength of the evidence and left her case there. The defendant and her lawyer argued that she had taken a sleeping pill and had been drinking. Because of this she did not remember the events. However, there was no evidence of taking the drug offered to the court which might have helped her case. Instead the judge determined that a sentence of 6 months to one year was appropriate. Since she had served 5 months already, she would be released in one month's time.
As we watched and listened to a translation through headphones, I wondered how much of this was real and how much was staged for us. They obviously knew we were coming and at first I thought that the whole thing was not genuine. However, some students closer to the front said that the defendant was crying during the entire trial but this was not obvious to us because her back was to us for the entire trial. Still it seemed strange.
In the US if you confessed, there would likely not be a trial at all. Probably on a sentencing hearing. However, in China, all cases go to trial apparently unless they are settled out of court and this only applies in cases of civil trials. Definitely some interesting things to think about from the whole experience.
After the bus ride home, we hopped into a taxi and headed to the horrible Silk Street again. I wandered around a bit and might pick up a few things, but it has to be some suburb of hell for me. Now I'm sitting in my favorite little cafe, having a beer and some sweet popcorn which makes me happpy. I love the quiet! Later on to dinner for American food, who would have thought real grilled cheese sandwiches would taste so good.
Tomorrow we leave for Xian to see the terra cotta soldiers. I also found a listing for a gay bar with floor shows so we are going to try to find it on Friday night for some fun. So check back Monday for more pictures and commentary........
About 80% of defendents confess to their crime making the trial more like a sentencing hearing than a trial in the sense that we know from Law and Order. The trial we watched today is a great example. The defendent, a woman, was accused of stealing 1660 yuan. She was arrested on the spot and confessed, but claimed that she had taken a sleeping pill and drank alcohol so she didn't remember the event. She had been in detention for 5 months prior to this date.
One key concept in Chinese criminal law is the guilty line. In the US, you break the law and you commit a crime. Here there is more discretion on what is considered a crime. If you steal something, like a bicyle, then that is below the guilty line. You will likely have to reimburse the owner and pay a fine or some other type of smaller punishment but no jail time. You have violated the law, but have not committed a crime. If the amount stolen is over this amount then you have committed a crime and are subject to more serious punishment in addition to the supplemental or smaller punishments.
In the case today, the line had been crossed and she had committed a crime punishable by up to 3 years imprisonment. The evidence was presented by the prosecutor, the confession, the victim's statement, witnesses, and some photos. All of the evidence was admitted and neither the defendant or her lawyer added more information. Based on the evidence the judge determined that she had stolen the money and was guilty of the crime.
Next they moved to sentencing and punishment. The prosecutor pointed out the strength of the evidence and left her case there. The defendant and her lawyer argued that she had taken a sleeping pill and had been drinking. Because of this she did not remember the events. However, there was no evidence of taking the drug offered to the court which might have helped her case. Instead the judge determined that a sentence of 6 months to one year was appropriate. Since she had served 5 months already, she would be released in one month's time.
As we watched and listened to a translation through headphones, I wondered how much of this was real and how much was staged for us. They obviously knew we were coming and at first I thought that the whole thing was not genuine. However, some students closer to the front said that the defendant was crying during the entire trial but this was not obvious to us because her back was to us for the entire trial. Still it seemed strange.
In the US if you confessed, there would likely not be a trial at all. Probably on a sentencing hearing. However, in China, all cases go to trial apparently unless they are settled out of court and this only applies in cases of civil trials. Definitely some interesting things to think about from the whole experience.
After the bus ride home, we hopped into a taxi and headed to the horrible Silk Street again. I wandered around a bit and might pick up a few things, but it has to be some suburb of hell for me. Now I'm sitting in my favorite little cafe, having a beer and some sweet popcorn which makes me happpy. I love the quiet! Later on to dinner for American food, who would have thought real grilled cheese sandwiches would taste so good.
Tomorrow we leave for Xian to see the terra cotta soldiers. I also found a listing for a gay bar with floor shows so we are going to try to find it on Friday night for some fun. So check back Monday for more pictures and commentary........
posted by jen @ 2:23 AM
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