When we read about how the United States Law School professor of legal materials, always see the words: teaching students "as the lawyers like thinking." Then, thinking how lawyers in the end, lawyers or way of thinking in the end what » -- Here's lawyer is of course that the U.S. lawyers. Perhaps we can from Richard »Gil starring" PRIMINAL FEAR "get some inspiration.
The film's opening remarks extremely unique. The dark, protagonist Marty »Bougainville told a press interview he said: In the first day of the Faculty of Law, professors said, if Nilaomashui she loves you, not to easily believe, would like to seek justice, go to a brothel; if you Would like to be dry, then to the courts. China's law school professor is not possible using such a word to students mission, the 1st, doubts, so the wording is too vulgar, although closer to life so much easier to understand. The author speculated that the professor is not meant to let their students suspected of having maternal love, but to tell their students, not always easily fall into the others advocated by the logic of thinking, can not follow other people's thinking to thinking, must have their own The idea, particularly in the court, it seems that everyone says is the truth, everyone is innocent, but the fact that "truth" is always only one; easily on their own if others will be easily moved by the words Fall into the trap the other side, lost in court is inevitable. Such a person, not suitable lawyer. In brothels, the transaction is purely, of course, very fair, while in other occasions, to be fair, we must pay more. Professor eyes of the court is, in fact, the eyes of the General battlefield, or is the competition in the eyes of coaches. Here the "dry" certainly not the kind of brothel, not just "be dry," If you want to "dry", can go to court, where, by virtue of the Chunqiangshejian, with the wisdom and skill, slightly Are packed, it will be "get rid of."
"Even if your client guilty, regardless of the judicial system before, I do not care; In any case, each defendant has the right to receive the best defence." Marti »Bougainville to confession. What kind of defence is the best defence, Marty »Bougainville actually want to tell reporters that if we do not know or want to know, then to his defence for the model it. His defence is the best defence. Marty in the "best defence", a key component elements: the truth. At the press, the only one truth, there will be no different from the truth. In Marty, the truth there are many, and the other is not the real truth is that he constructed for the jury the fact that the "fictional truth" (illusion truth). Such a specious and self-contradictory concept, the students in the Faculty of Law, Faculty of Law, even the Chinese students, this is a very good understanding of the terminology. An objective fact that the distinction between facts and the law, not the result of human rational construct, but rather reflects the limitations of humanity, the human cognitive ability is limited. Criminals and criminal acts of crime results are objective facts, but once the criminal acts of completion, based on the time of the one-way, people will not be able to return to the past "experience" of the crime. People can see only through the evidence "structure" to the criminal facts.
The beginning of this movie dialogue while a few very brief, but it deserves careful taste, this is actually the entire movie dialogue process launched in the main line. Below, we look at Marty »Bougainville is how to" structure the truth ". Videos provided to the audience, is a metamorphosis of another mad mad murder of metamorphosis. The victim is a respected local archbishop, was killed after Beikan more than 70 knives, evisceration to eyes and genitals have been destroyed. Such cases, the ancient Chinese is the most heinous of crimes, in the modern United States, is also a felony. Prosecutors charged that "a murder", if convicted, will have the death penalty. Marty the face of such a prosecution, he adopted a strategy of what it »
Criminal suspects Allen »Dan Le gives the history of the initial impression is a shy, young people Enunciation unclear, hard to kill him with the devil together. Allen asked on, Marty created their own strategy for the debate - the presence of a third theory, that is to say, he should judge and the jury that there is no structure of a third person, the first to use this fictional The trio of Alan offend. This is because Allen has repeatedly stressed that their Although at the crime scene, but he had lost consciousness, and he saw a shadow, and Marty assistant of the initial survey also strengthened the confidence of Marti, because there is another one deacon He also disappeared after the incident. The crux of the problem lies in the fact that the police and prosecutors do not have enough evidence to prove that the suspect criminal motives, but not criminal motives, can not prove that the suspects guilty. Marty Allen asked to remain silent - whether in the face of the police, journalists, in court or face a judge - this is his right, "Miranda" rights conferred upon him. This makes prosecution difficult to get any clues Allen. However, the perpetrators left behind a clue, he was the victim a code. This is a book of code, and Marty's aides have not adopted the code to find that book, this book were found. In this "Scarlet Letter", the crime disclose their criminal motives. "No one can long-term use of false face to face the world without people being found." Although Marty was not knocked down his opponent, but in the ensuing investigation, they found that the real motive of the crime of evidence: a videotape . This video is fully proved that the perpetrators of Allen, when Marty to Yilun Ti and video, by stimulating the Allen himself admitted the crime.
The third person is not here, Marti's debate strategy failed, however, the case has not failed. As mentioned earlier are, the evidence appears in different people, have different roles. In the hands of the police, may be evidence of criminal motives, but in the eyes of the defence, the jury sympathy for the defendant is a powerful weapon, because the tapes show that the defendant was bishop of abuse, thus proving that the bishop is only Yiguanqinshou . Allen acts like a pesticide for the community, for their own justice. Asked Allen in the process, Allen suddenly like a changed person, by the weakness of the deacon has become the hot Kuangtu. Marty is convinced that Allen is a dual personality of the mentally ill, but he can not change the defence strategy, because the change in strategy means that the defence failed. Thus, Ma Dili female prosecutors and their superiors with the contradictions, this video through the hands of prosecutors presented in court; female prosecutors also use the rhetoric to stimulate the Allen court attack, and the mental patients is not criminally responsible if, Even in China. Marty won, and he like the cunning fox, to overcome their problems, completed his perfect "truth structure," but prosecutors into the hell ---- Prosecutor unemployed.
This perhaps is the legendary "like lawyers, like thinking," a version of the truth in favour of a lawyer structure, the structure of the fact that the only legal principles. However, whether this can be that in the eyes of the Americans, a lawyer for the sole purpose of Mody » This is the U.S. judicial system deficiencies Mody » If Marty wrong, then what is justice » This is worth pondering.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment