The middle-aged female lawyer said: "For example, if a person takes drugs and the result is positive for a certain psychotropic substance when he undergoes a urine test, the police fix the evidence and impose an administrative penalty on the drug user. A few months later, the drug addict filed an administrative lawsuit with the court, demanding that the administrative penalty be revoked, and the urine test results at the time of the lawsuit were used as rebuttal evidence. ”

Zhang Qian said: "I understand this reason, but who is it that cleansed Huang Rui's brain? ”

Director Zhang said: "We will follow up on this issue, Xiao Zhao, you are responsible for investigating this matter, Xiao Wang, you fully cooperate." ”

Zhao Min said, "Okay, boss." ”

Xiao Wang said: "Yes! ”

Zhang Qian said: "Well, I don't know much about American law, how to proceed? ”

"We know that in American criminal procedure, felonies are usually tried by jury, but the jury is only responsible for the verdict of the facts, and the judge sentencing after the jury finds guilty," said the old lawyer. At the appeal stage, the appellant may not challenge the jury's decision on a question of fact, but can only appeal against the judge's error in the application of law, including the application of substantive and procedural law. Therefore, the appellate trial generally does not conduct a factual trial, but a legal trial. In the United States, the trial court's errors in violation of the law are divided into three categories: innocuous errors, harmful errors and constitutional errors, and decides whether to revoke the original judgment according to the type of error. However, the court of first instance's decision on whether to admit or exclude evidence falls within the scope of the appellate court's review, which can affect the jury's verdict of guilt or innocence, leading the appellate court to revoke the court of first instance's decision. That is, the defendant may request the appellate court to revoke the original judgment on the grounds that evidence that should not have been admissible or excluded evidence that should not have been excluded at trial. ”

The middle-aged female lawyer said: "The Court of Appeal hears appeals cases by career judges, and generally conducts written hearings, no more witnesses, no more examining evidence, and no arguments. The case is presided over by a judge of appeal and deliberated by the full bench. After deliberation, if the judgment of the lower court is confirmed, the original judgment is upheld. If the lower court's judgment is overned, or the original judgment is directly corrected, or the lower court is ordered to rehearse, or the lower court is ordered to revise the original judgment in accordance with the opinion of the appellate court. The principle of double conviction for one crime is expressed in the Fifth Amendment to the Constitution, which states that no one should be sentenced twice for the same crime. This principle applies in both federal and state courts, and a second trial cannot be held unless the first conviction is wrong, unless a jury cannot reach a consensus and a previous sentence is annulled, or the defendant appeals the conviction. The fact that there can be no double conviction also prevents secondary punishment and increases the punishment due to closer scrutiny in the second trial. Therefore, when a case is remanded for retrial, if the court of retrial increases the defendant's sentence, it will be presumed to have increased the sentence in bad faith, unless the sentencing officer can rebut the presumption by adducing facts and reasons. ”

(Note: The above legal discussion is excerpted from Professor Wu Danhong, China University of Political Science and Law, "Criminal Appellate Trial Procedures in the United States")

Zhang Qian said: "It's too esoteric to understand, but can't it be said that Huang Rui's prison is almost certain to sit down, but the issue of the sentence can be changed?" ”

Both lawyers nodded at the same time.

Huang Rui's mother said: "Then, when can we still see Huang Rui." ”

The old lawyer said: "The legal provisions on unauthorized modification of souls are quite special, and they are new laws, which are different from traditional laws. If we plan for the worst, if the original verdict is upheld in the second instance, the family will have a half-hour meeting before taking Huang Rui's soul into custody, that is, before putting Huang Rui's soul into the server. ”

The middle-aged female lawyer said: "If the result is good and Huang Rui is sentenced to fixed-term imprisonment, then according to the relevant laws, when Huang Rui is handed over for execution, his family can visit him at any time." ”

Huang Rui's father said: "Hey, if the original verdict is upheld in the second instance, that is, after entering the server, relatives and friends are not allowed to visit the prison and not be allowed to contact the outside world, so if this is the case, after half an hour, will it be goodbye?" ”

The old lawyer said, "So to speak. ”

Huang Rui's mother wiped her tears and said, "Our family is such a lone seedling, what can we do?" ”

Zhang Qian said: "Then, as my girlfriend, do I have the right to see Huang Rui in the half hour when he is finally separated from his relatives in the real world?" ”

The old lawyer frowned and said, "No." ”

Zhang Qian's tears suddenly flowed out again like a broken embankment.

Huang Rui's father took out a tissue from the table at this time, handed it to Zhang Qian and his wife, and said at the same time: "Qianqian, you are still studying, you can't stay up here, what about me, the company's affairs also need to be busy." Since the second instance is a written review, the opportunity to see Huang Rui in court is completely gone. Otherwise, Sissi and I will go back first, you, you live here, wait for news, how about it? ”

Huang Rui's mother nodded and said, "Woo woo, that's the only way to go." ”

Zhang Qian took the tissue from Huang Rui's father, took a few deep breaths, wiped the tears off her face, held back her choked voice, and said, "Well, I listen to my uncle, I'll go back first." ”

Director Zhang said: "Xiao Zhao and Xiao Wang, they will continue to stay here and protect Mrs. Huang's safety, so you can rest assured." ”

A few days later, at eight o'clock in the evening, Chicago's Chinatown.

Zhang Qian and Zhao Min walked out of a wonton shop and strolled down the street arm in arm.

Zhao Min glanced up at the camera on a street lamp, beckoned, and said, "We should be one of the safest Chinese in Chicago now." ”

Zhang Qian followed Zhao Min's gaze to the camera and said, "In the era of big data, they don't need to send people to track us, is that what it means?" ”

Zhao Min said: "Yes. ”

Zhang Qian said: "Can they hear our conversation?" ”

Zhao Min said without moving his lips at this time: "As long as our lips don't move, they can't use lip reading to see what we're talking about." Americans are more concerned about the protection of personal privacy, and there was a time when some law enforcement officials were repeatedly prosecuted by criminal suspects for violating personal privacy. Therefore, the use of public cameras for reconnaissance is already considered the limit, and general Skynet cameras are not allowed to have sound acquisition equipment, and if they do, they will also be printed with conspicuous logos. At the same time, my computer didn't detect any bugging devices aimed at us, and besides, our technology is actually much more advanced than in the United States, so you can rest assured that with me, they won't hear what we say. Even, on the street, it's easier to prevent eavesdropping than in a room. ”