Chapter 414: Guilty of Three (II)

Cao Yun does things slowly and carefully, Ouyang Yi does things complicated and complicated, and Nine-Tails does things delicately and slightly, and these three people are not happy. Coupled with the rhythm, the trial naturally becomes a mini-marathon. It's good to do that, I'm going to get straight to the point and explain what I'm trying to say. There is a circumstance that would cause the defence lawyer to keep asking rhetorical questions, and I add to it. One circumstance that would cause the jury to not understand. The best thing to do is for Cao Yun to peel off the cocoon like he did in a crime.

In the first case, Cao Yun did not directly smash the killer weapon, but guided the prosecution step by step in the direction of the killer weapon. At this point, it is impossible for the prosecution to turn back. In the end, the killer weapon can make the effect of the trial high, and psychologically suppress the prosecution and the jury, which is the control of the rhythm.

Yun Yin, on the contrary, as a witness, he is a typical character who seeks pleasure rather than stability.

After the second round of trial began, the nine tails were still asking questions slowly, Yun Yin's personality became more and more impatient, and Sun Di was watching the excitement at all, and he couldn't help at all.

Nine-Tails: "Defendant, summarize the previous question. I would like to ask if you had seen the deceased before the crime. ”

The third prisoner replied, "No." ”

Nine-Tails: "Do you know that at the time of the crime, someone would come to the door to ask for debts?"

Guilty of the previous question, answered, "Yes." ”

Nine-Tails: "Why do you know?"

The third prisoner replied: "At noon on the incident, I had lunch with two colleagues, and a person named Fa Ge greeted me. ”

Fa Ge is directly responsible for committing three debts. This time, Fa Ge escalated his debt collection methods and began to interfere with the work of the three criminals. Fa Ge was very good-natured, greeted the prisoner, and enthusiastically said that he would send someone to visit him in the evening. At least three of the faces in front of colleagues are considered thoughtful.

Nine-tails: "According to your supervisor's introduction, at three o'clock in the afternoon on the day of the incident, the company needed someone to go to the county seat. You said yes, right?"

Guilty three: "Yes." ”

Nine-Tails: "Did you know that debt collectors would come to the door at night?"

Guilty three: "Yes, I am hiding from debts." ”

Nine-Tails: "Did you tell your wife?"

Guilty three: "Yes." ”

Nine-tails was surprised: "When the debt collector came to the door, your wife didn't wear underwear, only pajamas to greet the other party?"

Guilty three: "She may have forgotten." ”

Nine-Tails: "When you ask this, don't die and struggle. I don't understand a question right now. Are you planning to use your wife to pay off your debts, or are you planning to kill people to pay off your debts?"

Yun Yin: "Objection. ”

Sonny: "The objection is invalid. ”

Yun Yin: "Why is it invalid?"

Sonny: "I'm the judge. ”

Yun Yin: "You die." ”

Sonny: "Get out of here, someone, fork out." "Dare to argue with the judge.

Cao Yun said: "Yun Yin, you have to say the reason for your opposition. ”

Yun Yin: "The prosecution has no reason to speculate. ”

Nine-Tails: "The opposition is valid. ”

Sonny: "Damn. ”

Nine-tails said: "Judge, I ask the witness to appear in court to testify again. ”

……

Nine-Tails asked the third wife, "Do you know that someone will come to collect the debt that night?"

The wife of the third offender was a witness and could not be present in the full courtroom. When she heard this, she looked at the Nine-Tails, who had already been prepared, and her body blocked her gaze.

The witness replied: "I don't know." ”

Nine-Tails: "Are you sure?"

Witness: "Sure." ”

Nine-Tails: "But your husband says you know." ”

Witness: "I'm sorry, I misremembered, I do know." ”

Nine-Tails: "Why didn't you state this when you took notes?"

Witness: "Because I was scared at the time. ”

Nine-Tails: "Scared? When a stranger comes to collect a debt, you don't wear underwear to greet you, I can't see that you look scared." ”

The witness thought for a long time: "I forgot that my husband confessed that a guest came to the door. ”

Nine-Tails: "I just asked your husband a question, whether he plans to use you to pay off his debts, or whether he plans to kill people to pay off his debts." Guess what he answered?"

Yun Yin: "Objection. ”

Cao Yun: "Reason. ”

Yun Yin: "This is the choice of surname to induce confession." ”

Nine-tails said: "The opposition is effective. ”

Sonny: "......" is dead 38, don't steal my lines again, be careful that Lao Tzu slaps you on the wall as a poster, do you believe it?

Nine-Tails: "To change the question, you and your husband had dinner at seven o'clock, your husband left before half past seven, and the deceased came to the door at eight o'clock." In just half an hour, you forgot about such an important matter?"

Witness: "I don't have a good memory. ”

Nine-tails said: "Okay, may I ask your husband and you said that someone came to collect debts, did you explain the means to deal with it?"

Witness: "No. ”

Nine-tails was surprised: "He told you that someone came to the door at eight o'clock in the evening to ask for money." You answer, oh. And then it's gone?"

The witness was silent, very depressed, and replied after a long time: "The family has no money, and as soon as our salary is paid, it will be sucked away by the bank, leaving only basic living expenses." His father has money, but he doesn't care if we live or die......" Speaking of this, the witness couldn't help crying, and this cry was out of control. On the one hand, this lie is really unspeakable, and on the other hand, I feel wronged.

Nine-Tails gave her a tissue with understanding, and after the witness calmed down, he asked, "He could have let you leave home to avoid debts, but he didn't." Is it true that such a man will stay for the New Year?"

The witness cried again, and it took a long time before he replied: "Because of money, for money." ”

It turned out that after the case, because it was a typical case, they won the support of the vast majority of netizens. As a result, a large number of netizens slammed the current law, saying that a man who cannot protect his wife is a man. In addition to keyboard warriors, there are also doers, and the husband and wife have received the support of multiple power holder agencies. And there are many enthusiastic people who help them get paid for the lawsuit. Under such pressure, the witnesses had no choice but to remain silent and cooperative. It's not so much about the money, it's better to say that she was kidnapped by public opinion and didn't dare to tell the truth.

After the final verdict was issued, public opinion shouted: justice has triumphed over the law, and the best judge in the Eastern Tang Dynasty.

In this case, public opinion shocked the judiciary and was the main reason why the jury could not reach a unanimous verdict in the end, and it was also the most important reason why the judge ruled that the defense was excessive.

The facts of this case are very clear, and the problem is that the defendant repeatedly struck the deceased on the head with a blunt object when he had fallen unconscious and had no power to resist, or was already dead. Defense lawyerThat's right, people's emotions are linear rather than phased, and it's understandable that anger lasts.

After the trial of the famous city, the contradictions in this case can be discovered.

Article 1: The wife of the third offender was violently assaulted, which is based on objective evidence. Second, the wife of the third offender did not wear underwear to greet strangers, and did not meet the first situation. Third, the third offender knew that someone came to collect debts at night, and he deliberately took over the work and left his wife alone.

Three can be deduced that the third wife is an unwitting victim, and the entry point provided by Sima Luo is the third wife. When the wife of the third offender explained the true situation, it was learned that the defendant had a certain connection with the deceased, and the third offender could have foreseen that the deceased was in his own home.

The only problem was that it was impossible to tell what the purpose of the three was and what he thought. His goals and ideas can directly determine the outcome of the case.

In the case of the case, even if the third offender could have foreseen that the deceased might be at home, if he denied that he had foreknowledge that the deceased would attack his wife, then the nature of the case remains unchanged. At most, three offenders are just turning from Weiguang to villains. After all, it's one thing to collect debts, it's another thing to attack.

There are several possibilities for the truth of this case, the first possibility is that the guilty is afraid and hopes that his wife can deal with the creditor, and he doesn't think too much, he just wants to escape. The second possibility is that the third offender foresaw the possibility of the deceased and his wife talking, and the third wife was forced by the pressure of debt, and the deceased was dismissed, and he went home to catch the current, and the debt was naturally gone. The third possibility is that shortly after the third person left, he regretted it very much, felt that his behavior was very inappropriate, and missed his wife's goodness, so he hurried home after the car was scraped. The fourth possibility is that the third offender is ready to kill.

From a comprehensive analysis, the fourth possibility is very technical and accidental, and the third offender does not meet the standard of ability to manipulate the case, so it can be ruled out. The first possibility is also very low, because the offender is not called on once or twice, he owes credit to multiple banks, and he often receives threatening phone calls on his mobile phone. To a certain extent, he has a debt-dependent and resistance mentality.

This leaves the second and third possibilities.

To clearly analyze the second or third possibility, there is a criterion, whether the car is actively scraping or passively scraping.

The real situation of the traffic accident is that three violations are committed. There is a car on the left side of the third offense, and the body exceeds his own car, at this time, the guilty three are still merging, which is a blind merger, and it can't even be explained by mind.

According to this fact, it is inferred that the prisoner left home at 37:20 and returned home at 8:25 a.m., both in terms of time and behavior, are in line with the second possibility.

Since they foresaw a possible situation, why did the third offender attack the deceased again? The problem is that the wife of the third offender did not cooperate with the deceased to talk to each other as the third offender thought. From this, it can also be inferred that the guilty person killed the deceased three times, and there is a suspicion of intentional homicide. But the problem goes back to the point where public opinion supports that when the third wife was attacked, the third lost his mind and killed the deceased. The Nine-Tails branded the three criminals as bad people, which did not change the facts, but only caused public opinion to lose sympathy and support for him because the three were villains.

Because at the legal level, whether a person is a villain or a gentleman does not prevent and change the judgment of the law on him. In this case, the real case, because the third offender was portrayed as a hero who protected his wife, and in the end he did not go to prison. If the Nine-Tails exposes everything and loses the aura of a hero, will he still go to jail?

Nine-Tails analyzes and illustrates four possibilities, and this explanation has no real evidence, just Nine-Tails' speculation. Finally, the Nine-Tails explained that the third offender certainly did not foresee the attack, and attacked the deceased when he found out that his wife had been attacked. Therefore, there is no difference between the nature of this case and the nature of the real case.

Nine-Tails: "The difference between a real case and a reality TV case is that in a real case, the three offenders are the positive characters, and in the reality TV case, the three offenders are the negative characters. The final verdict is now made by the jury. ”

Blaze wins again, and Blaze exposes the greatest flaw of the jury system, the subjective likes and dislikes of jurors, which can cause them to ignore or ignore the letter of the law. In fact, Cao Yun took advantage of the jurors' emotions. Not only Cao Yun, Ouyang Yi and other lawyers with high criminal standards have taken advantage of the emotions of the jurors. The reason is simple, it is the jurors who are found guilty and not the judges.

There is an objective embarrassment in the laws of the Eastern Tang Dynasty, and they have switched from the civil law system to the law of the sea system. In the civil law system, in theory, the letter of law is higher than justice and higher than public opinion. In the law of the sea system, there is justice above the law in some extreme cases. For example, in one case (I don't know if it's true or not), a little girl was killed, and the father shot the suspect in front of the courtroom, and the father was eventually found not guilty. This result is welcome, but is it possible that the suspect did not kill the little girl?

In principle, the influence of the three cases exceeds that of the first and second crimes, and is a very important typical case for the future system of the law. It may even affect the future of Dongtang's continued transformation of the law of the sea system.

In the real case, the third offender is a good person, and although the legal definition is not biased in his favor, because public opinion is biased in his favor, he finally wins. In the reality TV case, the third offender is a bad person, and because of the reference case, the legal theory is biased in his favor. Different judgments in the same case are a great taboo in the law, which directly undermines the fair foundation of the law.

Now that the battlefield has been handed over to the jury, the results they made are of great significance to the future of the Eastern Tang Dynasty's justice. Different from the real case, the camera recorded the jury fight in the reality show, and the program team also sent the live broadcast of the jury to the mobile phones of each guest.

Although it was late at night, most of the guests gathered in twos and threes to watch the video, and as judicial officers, they were also very concerned about the final verdict of the jury.

The jury of eleven people is divided into several camps, including the pure legal text faction, the favor wheel faction, the scumbag death faction, and the magnanimity faction. The confrontation between the humane faction and the scumbag faction is extremely serious, and if it weren't for others to stop them, the two sides would have already fought. In a civil war, they debated what the three crimes were committed under the law, intentional homicide, intentional wounding causing death, or excessive self-defense.

Three people from the legal faction pinched each other, three philadophiles and four scum factions pinched each other, and one tolerant faction ignored each other and slept on his stomach, basically he had given up treatment.

Sonny's eyebrows fluttered: "Fight, fight, fight...... yes, rip her clothes, yes. This woman is amazing...... Are you sick?"

Cao Yun drank tea and said leisurely: "Sonny, don't be so happy. ”

Sonny's eyes look at the screen: "What?"

Cao Yun: "They may not be able to reach an agreement, and then pinch?"

"And pinch?"

Then the jury was changed. ”

Sonny was stunned, this routine is a little familiar.

Cao Yundao: "In the end, Judge Sonny becomes the final decision. Will Judge Sonny be convicted or not?"

Sonny thought for a while and pulled his sleeves: "Lao Tzu is a hooligan, whoever gives the money will be judged to win." "It's not illegal for reality shows to collect money.

Cao Yun was stunned for a few seconds, as if this was the most correct way to handle the case. Leave the controversy to the public and let the public judge. However, according to the current atmosphere of the Internet, this is suspected of provoking contradictions among the people.

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