Chapter 286: New Year's Greetings (16)
"Everyone knows that it is the judge's decision, but you should also know that the power of the people's voice, on the Internet, there are also several examples under the influence of the people, the prosecutor will also change his opinion, not long ago there was a case that could have been judged to be overdefense or manslaughter After the police filed a case, after the public opinion guidance on the Internet, the prosecutor did not prosecute?"
Huang Yidian said that a video of reversing the final result through online public opinion, in the video, a man driving a BMW car and a man riding an electric car had an argument at the intersection, and the "BMW man" took out a long knife from the car and slashed at the cyclist man, but he did not expect the long knife to fall and be picked up by the cyclist man, and the cyclist man returned fire with a knife, resulting in the death of the "BMW man".
A few days later, the Public Security Bureau and the procuratorate issued notices one after another, determining that the electric car man's behavior was justified defense and did not bear criminal responsibility.
In Huang Yidian's view, this is the power of public opinion.
This is indeed the power of public opinion.
After this case happened, the lawyer's debate competition had ended, and Huang Yixi and Shang Luoyu were glad at the time, saying that fortunately the debate competition had ended, otherwise with those willful and bottomless judges and hosts, they were afraid that they would use this hot spot to make a debate topic.
However, Huang Yixi's judgment of this case was still a little wrong at that time, she discussed it with Shang Luoyu at that time, and thought that the best results were the following two, one was to judge excessive defense, less than three years or a suspended sentence, and the other was to judge not guilty and be released in court.
Later, Huang Yixi also deeply reviewed that after a few years as a lawyer, the risk control was too strict and tended to be conservative.
Professionalism sometimes means contemplation.
But now is not the time to discuss this with Huang Yidian, and there is no need to talk to him about this, Huang Yixi is extremely happy at this time, as long as he looks at Shang Luoyu, the two of them can understand each other's thoughts at a glance.
If you have this confidant in life, what more can you ask for.
Huang Yiming looked at his little cousin and Shang Luoyu a little speechlessly, it was obviously a very serious and bloody topic, and the two of them could still take the time to exchange feelings affectionately, this kind of dog food was everywhere, and the heart was stuffed.
Huang Yixi asked the question of who was sentenced, but I didn't expect Huang Yidian to be able to give the opposite example immediately, and it was a little surprising, but she had encountered a lot of this situation, and she would not be confused, so she asked Huang Yidian unhurriedly, "The case of the BMW man and the electric car, if, I mean, if the prosecutor initiates a public prosecution and the judge finds guilty, what do you think?"
"Of course it's not fair. Huang Yidian replied without thinking.
"Why, then, did you focus all your attention on the defender's plea and the prosecutor's opinion in this case, and didn't think the judge was unfair?"
Huang Yidian was stunned for a moment, yes, why didn't everyone think that the judge's verdict was unfair?
Knowing that Huang Yidian couldn't untie the knot for a while, Huang Yixi smiled again and looked at Huang Xiangxi, who had finished gnawing the pig's trotters and was drinking fish soup with a small bowl, and beckoned him to come over, "Xiangxi, your bowl is broken, don't believe it, turn it over and take a look." ”
Huang Xiangxi turned over the bowl inexplicably, and the soup in the bowl was poured out, but fortunately, he drank only a little bit, and only spilled a little bit out, and the fish soup was only a little warm, and it didn't burn his hands.
Huang Xiangxi knew that Huang Yixi was lying to him, he looked at Huang Yixi with tears in his eyes, his mouth was about to cry, Lin Shufang scolded Huang Yixi quietly, "You bad aunt, you actually lied to a child, Xiangxi doesn't cry, aunt is bad, let's ignore her, and the second aunt will take you to make a new bowl of soup to drink." ”
Huang Xiangxi heard Lin Shufang's comfort, followed her words and said: "Dudu is bad, bad Dudu, lie to Xixi, bad person." ”
He was still young, and he was not very articulate, so he could only say these words over and over again.
Huang Xiangmei said impatiently, "I don't blame myself for being deceived, I only blame others, and when I hear this kind of thing in the future, I must understand that others are playing tricks on you." ”
As soon as Huang Xiangmei said this, Huang Xiangxi became even more aggrieved, the originally quiet crying became loud, it was originally dry, but now the tears fell "crackling", "I'm not wrong, my sister is bad, I'm not wrong, my sister is bad." ”
Shang Luoyu shook his head dotingly, walked over and squatted in front of Huang Xiangxi, "Xiangxi doesn't cry, my little aunt is joking with you, she thinks the soup in your bowl is cold, and she is afraid that you will feel uncomfortable when you drink it, so she wants to change it for you to be warmer." ”
After speaking, he took the bowl, picked up Huang Xiangxi and went to the kitchen to scrub and fill the soup.
"Look, the same thing, what my mother said, Xiang Xi accepted, because he didn't think he was wrong, my mother said that the responsibility was mine, and Xiang Mei was obviously teaching Xiang Xi how to do it, but she just didn't like what she said. ”
Huang Yiming quickly understood what Huang Yixi meant, but he was also a little crying and laughing, Huang Yixi's example was superficial, but it involved the extremely cute Huang Xiangxi, presumably after this incident, Huang Xiangxi would not pay attention to this little aunt for at least a few days.
He remembered that a few days ago, Huang Xiangxi took a candy to give him to eat, and after he really ate it, Huang Xiangxi wanted to cry or not, and saw him walking around for several days in a row.
"You're saying that the defender's defense is a defense that makes the client listen to a defense, but actually doesn't help him in any way, right?"
Huang Yixi nodded, he is worthy of being a cadre who has been cultivated by the organization for many years, and this sensitivity is also amazing.
However, Huang Yiming was still a little puzzled, "Let the parties listen to a comfortable defense, but there is no effect, and the parties do not have any substantive benefits, how can they be satisfied." ”
"Then you have to ask Xiangxi, is it better to be the second mother or the second sister just now. Shang Luoyu, who came out of the kitchen, took over the topic and nodded to Huang Xiangxi in his arms.
Huang Xiangxi grabbed the clothes on Shang Luoyu's chest a little embarrassed, buried his head in his chest, and said in a humming voice, "Mom said, the little aunt is bad, the second sister is bad." ”
Now I don't want Huang Yixi to explain again, but Shang Luoyu still continues to solve his doubts, Huang Yixi and the four cousins have no major contradictions, it is better to not mind or not, "The parties listen to the defense comfortably, but it does not have the desired effect, the parties often do not think that the lawyer's defense level is not good, but that the judge is not good, or that the judge is inclined to the interests of the other party because of some factors." ”
In court, you ask the lawyer, who is very excited and talking, "What is the evidence?"
Say something that you can't convince yourself, don't doubt it, don't be happy, those words are not for the judge, but for you.
If you don't believe it, just look at the trial transcript, and you will find that the hundred nonsense words of your lawyer may only be recorded on a few sentences, or even a single sentence, as long as you walk out of this courtroom, no one remembers what he said except you.