案外因素對催生刑事冤案的作用力分析－－以美國1188件冤案的結構性分布與案外成因為參鑒

Analysis of Ecternal Factors Leading to Wrongful Convictions: From the Structural Categorization and External Factors of 1,188 Wrongful Convictions in America

司法刑事體制內原因並非導致刑事冤案的決定性因素，從刑事冤案的結構性分佈觀察，兇殺案等暴力性犯罪更易於產生冤案。中美兩國洗冤機制的實效存在相似之處，例如冤案的結構性分佈、證據審查標準以及無辜者洗冤的低成功率等方面。從美國冤案的實際原因來看，案外因素對司法過程的滲透過程不可低估。中國式冤案主要是公共政策、國民對犯罪的基本立場、錯誤的司法理念、實踐中的潛規則、設證式證明的混用等諸多因素綜合作用的結果。All kinds of wrongful convictions sre not mainly because of legal holes or fault of criminal system itselfm only if we reconsider the distribution and rate among the false convictions. In fact, wrongful convictions are produced especially in murder cases and rape crime. Crime myths, complicate relations between democraticpolitics and litigation psychology may have much more effects than rules in legality. Virtually, it is as same as factual results if innocent prisoner appeal sfter false conviction whether in China or in America although wrongful convictions lesd to much additional cost. The causes of Chinese wrongful convivtions which lead to innocent people into prison or penalty death sre not completely same comparing with American criminal justice. Public policym crime myths and proof of abduction and political justice may explain the key reasons in sentencing innocent defendant wrongful conviction.