Misjudged Cases The Causes Of The American Criminal Study

The phenomenon of criminal miscarriages always exists in the criminal justice objective. China and the West all have some research about criminal miscarriages. Although it is impossible to know whether it is now taking place or finding wrong case, or it will happen in the future or find wrong case, all of these are social science on the "dark number". But it can be trace analysis, evaluation what has been exist in history. The author have collected and analyzed a large number of statistics and cases, combing the criminal miscarriages in United States and have some overview of relevant research about them; and then, the author have a systematic exposition on common causes and special causes of miscarriage of Plea Bargaining; and to further, issues the control means to criminal miscarriages explore in USA.After deep studying and analyzing why and how to prevent and control criminal miscarriages in the United States, it is easy to see that in practice, there are many non-neutral, non-rational factors of inequality in the adversary of the criminal proceedings, it could not have achieved the authority of the Constitution's Highly honor and maintaining due process; Criminal Proceedings model does not entirely "misplacing ten criminals rather than miscalculating an innocent."When going depth into the areas of "criminal miscarriages", studying American's criminal miscarriages which how secretly taking place, inertia to promote,and difficult to complete the process, suddenly understand:the advantages of each of the criminal justice system may be the same or different, but each kinds of defects in the criminal justice system are strikingly similar. Some kind of superstition of Criminal Proceedings model should be breaking.We also believes that the study Angle and research methods to criminal miscarriages of American law schools which is quite rich enlightenment significance for Chinese law schools. First, we can break the single criminal justice limit, and broaden the research field and methods, from traditional criminal law perspective to sociology, criminology, criminal policy, social control theory and even the police theory, prosecution theory and judicial ethics, victims field and so forth. We could study comprehensively the process that criminal wrong case happen, evolve and relieve. Secondly, we can transfer the focus on the criminal justice system and political issues to the criminal miscarriage. Thirdly, study of criminal miscarriage maybe become gradually to a independent science, as the growth of victim. In the United States, criminal wrong case studies have a complete logic system, from the study object, theoretical interpretation and the framework to policy analysis, are self-contained.Of course, in China, as a criminal wrong case study in the United States is likely, it will be combined with the control system of the entire criminal justice studies and expand their theoretical and practical features. Accordingly, China should not blindly expect a cure-all Western judicial system, but should pay attention to their own socio-cultural and historical heritage, from the value of long-standing pursuit of the philosophical starting point to breathe new life, and criminal thinking on this basis improved mechanism for the judicial system. In short, the adversary criminal proceedings, although a representative of Human Civilization, but not perfect, is not natural is the example. U.S. criminal justice problems, that is, continue to protect the basic premise of how fair efficiency, better protection of human rights, not wrong. Protect the innocent from criminal liability, which is also U.S. criminal justice issues, by no means unique to China. American and China criminal justice both have their problems, but also common puzzles; solution path will vary, expect to "Western" neither necessary nor feasible.