Study On Evidence Of Death Penalty Concivtions

Wrongful death penalty convictions have a fatal impact on the defendants, infringing the liberty and the life rights of victims. It also injures the judicatory fairness seriously. Wrongful death penalty convictions result from comprehensive factors. Evidence factor is an important reason. This article collects 30 misjudged death penalty cases which happened in recent years. Representative misjudged cases and suspected wrongful cases corrected after the implementation of the new criminal procedure law are the focus of the study. It intends to conclude the evidence problems in the cases, analyze the causes and study the correction and prevention system of wrongful death penalty convictions.Through the empirical study of the 30 misjudged cases, the main evidence problem causing the wrong cases can be summarized as follows:(1) Illegal collection, preservation and review of objective evidences. (2) Illegal collection of oral evidence and the weakness in correcting and punishing torture for confession. (3) Errors in forensic testing and misreading of forensic evidence. (4) Neglecting and concealing evidences in favor of the defendants. (5) The lack of convicting evidences and the deficiency in proof standard. Subjective and objective reason both induce the problems above. Investigators lack of neutral judicial concept. The skill in investigation, collecting evidence and authentication need to be strengthen. The restriction system among public security organs, the people’s procuratorates and the people’s courts fails to make effects. In order to correct the problems mentioned above and prevent death penalty misjudged cases, police investigation should be proceeded in accordance with the law. Practicing the Rules of evidence and excluding the illegal evidences are necessary measures. Prosecuting and sentencing with the legal proofing standard is the final safeguard.