The Standard of Proof for Redressing Wrongful Convictions - A Comparative Study with Case Analyses
Pages 94-106
He Jiahong

DOI: http://dx.doi.org/10.6000/1929-4409.2015.04.10

Published: 12 June 2015

Abstract: Instances of wrongful conviction have the nature of universality and latency. The determination of wrongful conviction has the nature of ambiguousness and antagonism. The facts behind a case of wrongful conviction are not always black-and-white; sometimes there is a grey zone, meaning that there is no way to determine with accuracy whether the defendant is guilty or not. As a result, the rectification of wrongful conviction becomes very difficult. In the case of Hugejiletu, for example, although the true perpetrator came out in 2005, the wrongful conviction had not been correctedby the court until the end of 2014. Therefore, the standard of proof for redressing wrongful convictions needs to be clarified. Through case analyses of the standard in USA, UK and Germany, we can see that the standard for redressing wrongful convictions are different from the standard for convictions, with the former being generally lower than the latter. We should restate the standard of proof for redressing wrongful convictions in Chinese criminal proceedings, and make distinctions between the standard for starting a retrial, the standard for redressing a wrongful conviction, and the standard for awarding a state compensation.

The Intricacies Involved in the Analysis and Interpretation of Hammer Transfer Stain/s in a Crime Scene
Pages 107-118
Samir Kumar Bandyopadhyay and Nabanita Basu

DOI: http://dx.doi.org/10.6000/1929-4409.2015.04.11

Published: 12 June 2015

Abstract: Bloodstain Pattern analysis particularly deals with the reconstruction of dynamic bloodletting events from static bloodstain patterns. Bloodstain patterns often help to sequence events that might have occurred at a crime scene. It can also be used to draw inference about the position of the victim/s, perpetrator/s and bystander/s (if any) at the crime scene. This paper is aimed at intricate analysis/interpretation of transfer stains produced by blunt ended objects at a crime scene. By way of experiments performed within a laboratory setting this paper attempts at establishing that hammer transfer stain or possible weapon transfer stain at a crime scene does not indicate that that particular instrument has been used to murder the victim/s. Also when blood drips over hammer and when a hammer falls under gravity onto a blood pool, the stain patterns formed are particularly different. This particular information under certain circumstances could particularly contribute to sequencing of events at a crime scene. Again, different blunt ended objects were found to produce similar transfer stain patterns. Hence transfer stain patterns should be interpreted in coherence with other relevant circumstantial evidence at the crime scene.