Chapter 518: A New Argument
Xia He's case was reopened, and Sima Qiqi looked at the judge with a thick piece of information in his hand at this time and said slowly: "Your Excellency, according to the test of the public, we have selected a public survey with a base of 800 people, which is the result of asking the respondent to tap the table with a pen and make five knock sounds, and use computer analysis. ”
Sima Qiqi handed over the information in his hand to the court staff, and the judge looked at the information in front of him, like a book, Sima Qiqi looked at the judge and said slowly: "After the results of the statistics, 800 ordinary people who joined the investigation process were able to make two consecutive knock sounds of similar frequency in the test process of five tapping sounds with the pen body reaching 83%, but with the increase of the number of knocks, the probability of similar sounds gradually decreased. After five times, none of the 800 people surveyed could have reached 60 percent. According to the statistics of 800 people, the average probability of five sounds is only 33.4%. ”
Sima Qiqi paused and glanced at Fang Aoqin, continued to look at the judge and said slowly: "Your Excellency, according to statistics, it is impossible for an ordinary person to make five consecutive frequency knocks, which also shows that when my client was questioned by the police, those five knocks were purposeful, and they were issued by a professionally trained person, and I believe that these five sounds with similar frequencies have an unknown impact on my client's confession, so I seriously doubt the legitimacy of my client's two confessions. I request Your Excellency the Judge to remand this case to the authorities for re-investigation. ”
Sima Qiqi sat down slowly after speaking, smiled at Xia He and winked.
Xia He nodded slightly, although Xia He didn't know whether he was guilty or innocent in re-investigation, but seeing Sima Qiqi's expression, Xia He's heart was much more steady.
The judge quickly recorded it on a piece of paper, looked up at Sima Qiqi and asked, "How did the defense lawyer select the 800 people investigated?" ”
Sima Qiqi stood up and said slowly: "At different ages and occupations, 400 women and 400 men were conducting experiments in the same environment. ”
Sima Qiqi took out a USB flash drive and handed it to the court staff, but this time the court staff did not hand over the USB flash drive to the judge. The judge nodded when he heard Sima Qiqi's explanation, turned his head to look at Fang Aoqin and asked.
"Does the prosecutor have any statement on the doubts raised by the defense counsel?"
Fang Aoqin stood up and nodded slightly and said, "Your Excellency, I think we should be commended for the fact that the defendant spent so much time and energy on the investigation to verify that ordinary people cannot make voices of similar frequency five times in a row, and this sense of responsibility should be commended for maintaining the fairness of the law, but that's all." ”
Hearing Fang Aoqin's tone of first raising and then suppressing, he looked at Fang Aoqin with an unhappy expression, and Sha Yu whispered, "Will there be a reversal?" ”
Fang Aoqin picked up his notebook and looked at it and said: "Your Excellency, the defense lawyer just mentioned that they chose 800 people, from different professions and different age groups, and even the defense lawyer also mentioned that it is difficult for ordinary people to make sounds with similar frequencies five times in a row, I think the defense lawyer is particularly strict in his words. Everyman! ”
Fang Aoqin could aggravate the tone of "ordinary people", and when the judge heard Fang Aoqin say this, he looked at Fang Aoqin with a puzzled expression and asked, "Is there anything wrong with the three words of ordinary people?" ”
Fang Aoqin smiled slightly and said: "What the defense lawyer just said has actually been emphasizing that these five voices are not something that an ordinary person can make, so as to explain what unreasonable and unfair treatment the defendant received when recording the confession, and want to overturn the defendant's confession, but this is a conclusion based on the fact that an ordinary person cannot make five sounds of similar frequency, which is not suitable for this case." ”
Before Fang Aoqin's words fell, the courtroom immediately became noisy, the judge hurriedly rang the gavel to maintain order, Sima Qiqi heard Fang Aoqin say this, and looked at Fang Aoqin with a calm face.
The judge looked at Fang Aoqin and said, "Prosecutor, you have to analyze it well. ”
Fang Aoqin smiled and nodded, "Your Excellency, I want to ask what an ordinary person is?" ”
The judge was a little unhappy when he heard Fang Aoqin ask such a question, and said slowly: "The concept of ordinary people is too big, and there is no suitable definition at all. Prosecutor, don't you know that you, as a senior legal worker? The question you just asked makes the Court doubt your level of business. ”
Fang Aoqin smiled slightly, not caring about the judge's dissatisfaction with him, and then said: "Your Excellency Judge is right, the concept of ordinary people is too broad, but my personal understanding is that ordinary people are people who have no special skills and are called ordinary people, Your Excellency Judge, do you agree?" ”
The judge nodded slightly when he heard Fang Aoqin's explanation, Fang Aoqin saw the judge nodding, and then looked at Sima Qiqi and asked the question just now, Sima Qiqi nodded calmly.
Fang Aoqin looked at the judge after receiving Sima Qiqi's reply and said: "Your Excellency, I propose that in the course of the trial of this case, people without special skills should be defined as ordinary people, and special skills should be classified. ”
The judge took the document handed over by the court staff, and when the judge saw the content of the document, he immediately understood what kind of medicine was sold in Fang Aoqin's gourd, and the judge looked at Fang Aoqin calmly and said: "This classification document is written in great detail, this court thinks it is okay, defense lawyer, what do you mean?" ”
The judge asked the staff to take the documents to Sima Qiqi, who smiled slightly after reading it, and said confidently: "The prosecutor is really hard, and I also think this classification is very appropriate, and we agree to use the classification documents provided by the prosecutor for ordinary people in this trial." ”
The judge nodded, and asked Fang Aoqin to put the document on the big screen of the courtroom so that the people in the auditorium could also see it.
Fang Aoqin put the document on the big screen of the court, and saw that Fang Aoqin made a detailed classification, doctors are all classified as special skill groups, Fang Aoqin pointed to the big screen and looked at Sima Qiqi and asked: "Defense lawyer, based on the classification of this document, I want to ask you now, how many of the people in your social survey belong to the special skills in this document classification?" ”
Sima Qiqi seemed to have guessed that Fang Aoqin would ask this, and said slowly: "More than 290 people, I have to flip through the documents I just made for the specific number." ”
Fang Aoqin made a gesture of please, Sima Qiqi took out the document and flipped through it, and said slowly: "The exact number is 297 people." ”
Fang Aoqin then asked, "Then let me ask again, what is the probability that these nearly 300 people will make sounds of similar frequencies during their five consecutive experiments?" ”
Sima Qiqi said calmly: "Reach 75%!" ”
Before Sima Qiqi's words fell, a surprised voice immediately came from the auditorium, and Sha Yu said worriedly: "It's over, Lawyer Sima has made a wedding dress for that prosecutor again." ”
"You're just making a wedding dress, shut your mouth for me."
looked at Sha Yu with an irritated face, but at this time, he was very worried about Sima Qiqi.
Fang Aoqin said with a look of surprise: "It turns out that people with special skills can reach a 75% probability, I remember that in the previous trial, the defense witness Associate Professor Yue Sanchuan heard that reaching 80% is already very high, and this 75% is just an average, which should be considered high." According to my classification, police officers are also special skills people, which I think no one will object, police officers have to undergo various physical training in school, and they also have to learn various criminal investigation techniques, shooting and fighting, etc. A police officer must not be considered an ordinary person, and the defense lawyer proposed that ordinary people cannot make sounds with a similar frequency, I absolutely agree with this view, and the defense lawyer himself has confirmed that the non-ordinary people have been able to control their muscles well due to their special skills training, and can ensure that the mana and frequency are similar every time, so why can't a professionally trained police officer do it. Maybe it was the officer who habitually controlled the force of each time, but it was unintentional. ”
After Fang Aoqin finished speaking, he sat back in his position with a smug face, and Sima Qiqi slowly stood up and looked at the judge and said, "Your Excellency, I request to present our No. 3 evidence, which has been submitted to the relevant application. and summoned defense witness Gong Neng. ”
The judge nodded, and then a dark-skinned man came to the witness stand and sat down, after Sima Qiqi asked Gong Neng's professional name, he put a few pictures on the big screen in the courtroom and pointed to the pictures and asked: "Witness, please tell me, who took these photos and where they were taken?" ”
Gong Neng looked up and said slowly: "I took all this, because the Chengnan Police Station is going to be renovated, and I am used to taking photos before renovation, and then taking a group of photos after the decoration is completed." ”
Sima Qiqi nodded and pointed to one of the photos and asked, "Why don't the others have house numbers, but this door has a house number?" 104。 ”
Gong Neng also seemed to have an impression when he saw this 104, and said with a smile: "Oh, the police officer at that time said that they were going to change the house number again, but there were too many things in 104, and 104 didn't move, only needed to move other rooms." ”
Sima Qiqi told the judge that he had finished asking, and the judge looked at Fang Aoqin, who shrugged his shoulders and stood up and said, "Your Excellency, I have no questions to ask the witnesses. ”
Gong Neng left the witness stand, and Sima Qiqi then asked the judge to summon another prosecution witness, Wu Tong. Wu Tong came to the witness stand again and sat down, Sima Qiqi looked at Wu Tong and said.
"Officer Wu, we meet again, I want to ask you, where is this?"
Wu Tong looked at the pictures that appeared on the big screen in the courtroom, and said slowly: "It's one of the confession rooms of the Chengnan Police Station. ”
"Is it right to ask my client about the confession?"
Wu Tong nodded. Fang Aoqin's originally relaxed expression gradually disappeared with the picture released by Sima Qiqi, and Fang Aoqin felt that Sima Qiqi was planning something.