美国通过可靠证据遏制刑事错案的机制考察

The System of Preventing Wrongful Convictions Through Reliable Evidence in U. S. A

美国学界与实务界普遍认为通过可靠证据来遏制刑事错案的发生是非常积极且有效的,因此从宏观上构建了通过可靠证据来遏制刑事错案的机制。该机制以证据为根本,以证据的收集为起点,以证据的保全为核心,以证据的审查判断为重点,对与证据相关的诉讼制度进行逐步的改革与完善。

Both the American academia and practice field believe that reliable evidence is very positive and effective to prevent wrongful convictions,and they also manage to construct a kind of macroscopic system to prevent wrongful convictions through reliable evidence. The system takes evidence as the root,the collection of evidence as the starting point,evidence preservation as the core,the evidence review as the emphasis,to gradually reform and improve the litigation system concerning evidence.