DNA and Justice in China
DNA Testing in China vs in America
According to the Innocence Project, there are over 300
people in America that have been exonerated from a crime they have have
convicted of, thanks to DNA testing. 18
from Death Row.
More detailed data is below.
I support the Death Penalty. However to my surprise being found guilty
of killing someone does not automatically carry a death sentence. A relative of mine was murdered not so long
ago, and to my surprise his killer was not given the death sentence. Why?
His case did not meet one of the seven criteria that would have qualified the killer
for such a sentence. This coming from
a very RED state.
I was flabbergasted to hear my relative would not get the
“justice” he so deserved.
I honestly believe that the legal process in America is the
most time consuming, torturous process internationally on Earth. It strives for perfection. It can take over a year just to try a murder
case.
The jury must unanimously reach a
verdict. Even the vote of one juror can
make a person innocent, and keep the person from jail.
And yet we make mistakes.
How is this possible?
America is unique. It
is a country perhaps more than any other that is obsessed with the mythic chase
of social perfection. There is no place
so self critical. All we hear about in
America is how defective we are as a society.
I swear that Americans who have never lived abroad would think their
country is nothing if not dysfunctional, socially backward, and beyond all hope
of progress. At times it is depressing
to watch the news, or catch up on current events online. We are a nation obsessed with self
improvement.
The use of DNA is an excellent example of how America has
used this philosophy to make itself a better place.
Then I got to thinking about China. Another nation that is very, very pro death
penalty.(the sentiment is beginning to decline in America)
China is many things but cannot in the least be described as
a process driven nation when it comes to Justice. There are no juries. No attorney client priviledge.
Where justice in America is a tool used to keep the power of
the State at bay, in China it is a tool used to maintain the power of the State
vis a vis the individual.
And there is actually a legal double standard in China for
punishing lawbreakers. One for Party
members, and one for non Party members.
And now I’m left to wonder about the role of DNA in China
today. It is used primarily to conduct
paternity testing. But with the speed of
the judicial process in China, isn’t it possible that mistakes have occurred? How many people in China sit unjustly
imprisoned today? Executed? Not by political fiat but by
incompetence?
If mistakes could take place in such a process
driven and open society such as the United States, is it possible such a thing
could occur in China? And wouldn’t the
use of DNA to vet against judicial error be a good thing?
DNA testing in America has brought some confidence back into
the American judicial system, and helped to ensure that bad practice does not creep
back into how we try the accused.
Will we ever be able to say the same for China?
Hello would you mind sharing which blog platform you're using?
ReplyDeleteI'm planning to start my own blog in the near future but
I'm having a tough time deciding between BlogEngine/Wordpress/B2evolution and Drupal.
The reason I ask is because your design and
style seems different then most blogs and I'm looking for something unique.
P.S Apologies for getting off-topic but I had to ask!
My web site :: GHD Auckland
gmail blogger...it's easier to setup and I would think(knock on wood), harder to hack...
DeleteThese are genuinely great ideas in on the topic of blogging.
ReplyDeleteYou have touched some fastidious things here. Any way keep up
wrinting.
Here is my blog ... Christian Louboutin Boots