美国死刑冤案证据剖析及其启示

Evidence Factor in Wrongful Convictions of Death Penalty in the U.S and Its Enlightenment to China

冤案的发生往往是多种复杂因素共同作用的结果,其危害甚大。死刑冤案比其他冤案具有更为严重的危害性,因此,研究如何防范死刑冤案具有重要的现实意义。美国对冤案的已有研究对于中国死刑冤案乃至所有冤案的研究具有重要的参考和借鉴价值。中国要实现对死刑的程序控制和死刑冤案的有效预防,需要从美国的死刑审判程序、为消除冤案的证据成因所采取的种种举措中汲取灵感,并从多方面建构和完善诉讼程序和司法制度。

Wrongful convictions are usually the result of a number of complicated factors, and can do great harm to both the victims and the society. Wrongful death penalty convictions are even more hurt- ful. Thus research on the prevention of such cases is of great practical significance. Existing research conducted in the United States on wrongful convictions can provide important reference for the research on China＇s wrongful conviction of death penalty as well as all on other wrongful convictions. To a- chieve procedural control on death penalty and effectively prevent wrongful conviction of death penal- ty, there is a need for China＇s judicial agencies to draw inspirations from America＇s trial procedures of death penalty and all sorts of measures adopted to eliminate wrongful conviction produced by the reason of evidence. In addition, it is also important to construct and improve the judicial proceedings and judi- cial system in various ways.