Review And Judgment Of Authenticity Of Criminal Verbal Evidence

When it comes to criminal evidence,the first reaction of many people will feel that this is a very general proposition that covers the content too much and is too complicated.However,it is necessary to observe and reflect on the criminal misjudgment of our country.It is found that the lack of discriminatory measures for the characteristics of verbal evidence in judicial practice is a very important reason for the non-legal application of interference.In some foreign countries,there is still a strong correlation between torture and verbal evidence,and the evidence is used as a kind of evidence,which is related to the reality of evidence based on the nature of the evidence.The verbal evidence has a very important position in judicial practice.Each criminal case will involve the adoption and acceptance of words and evidence.Its advantages are vivid and able to prove the facts of the case directly and obtain the high efficiency and evidence source It is not easy to lose,etc.,but the formation of verbal evidence will be subject to a number of subjective and objective factors and constraints,there are false or distortion and other deficiencies,so the case of verbal evidence of the review is particularly important.Through the use of multidisciplinary approach to review and judge the authenticity and accuracy of verbal evidence to ensure the quality of handling cases.The first part analyzes the causal relationship between the verbal evidence and the wrong case through the empirical analysis of the 20 cases of criminal error which has been influenced in recent years,and clarifies that the verbal evidence has a very important role in determining the facts of the case.Judge to judge the facts of the case,the evidence is the judge to form an important basis for the determination of the heart,such as the guilty of the suspect confession,the victim stated that the facts of the case or confirmed evidence of each other evidence facts.However,due to the instability and bias of the verbal evidence itself,the authenticity and accuracy of the verbal evidence can not be guaranteed.The facts of this case will be deviated from the authenticity,leading to the occurrence of criminal misjudgment.The second part analyzes the formation process and structure mechanism of verbal evidence.It is concluded that the formation process of speech evidence is divided into four stages: perception,judgment,memory and expression.The structural mechanism of speech evidence is divided into: the facts of speech,the person who speaks and speaks,and the truth is the core structure.After further analysis of the formation process and structural mechanism,it is found that the speaker will intentionally make false statements or make a false statement due to factors such as memory ability,environment,knowledge reserve and so on,which may cause false statements Authenticity and lack of accuracy.The third part studies the verbal evidence of the verbal misrepresentation from the objective facts.From the psychological point of view,proposed a nonverbal behavior observation of this review method.Psychology research shows that a person's lies will experience three psychological processes,emotions,cognitive and behavioral control,in which the process will be accompanied by nonverbal behavior,careful observation of human nonverbal behavior,is an effective way to identify its perjury The From the logic point of view,put forward the hypothetical judgments,contradictory judgments of these two review methods.Hypothetical judgment is the use of logical syllogism of the way(there must be a follow-up front,no part must have no front)to tell whether the facts of the statement is true.The contradictory judgment method mainly uses the contradictory law to point out the logical contradiction in the verbal evidence,including the contradiction between the words and words of the same speaker and the contradiction between the different words,so as to judge whether the verbal evidence is authenticity and accuracy.The fourth part studies the method of reviewing the authenticity and accuracy of verbal evidence caused by unethical false statements.First of all,the speaker will be because of their age,knowledge reserves and many other factors lead to verbal evidence of authenticity and accuracy is not high,this made a different treatment of speech,for different categories of speakers use different ways of inquiry,Effectively improve the authenticity and accuracy of verbal evidence.Secondly,the author analyzes the authenticity and accuracy of the verbal evidence,and takes the case of Li Jiuming as the object of analysis for the practical application of the time,place,object and speech quality,occupation and so on.Finally,the method of reviewing the method of error memory recognition is put forward to help the speaker to eliminate the wrong memory and artificially improve its real memory,so as to improve the authenticity of the evidence.