http://www.millercanfield.com/services/practice/C3452_MillCanf.pdf
According to the introduction, the booklet above provides a overview and comparison of the criminal court systems and criminal procedures of the United States and Canada, focusing on the State of Michigan and the Province of Ontario in particular.
Just found a PDF file from a law firm that outlines the Criminal Procedure in both US and Canada. Please see the link below.
http://www.millercanfield.com/services/practice/C3452_MillCanf.pdf
最初由 Sedona 发布：
回复：热心肠说得非常好，很专业
xp, thanks again for all the hard work.
Criminal hearings are public hearings. Everyone has the right to attend a public hearing, so the record of the process will become available to the public.
Court script is 开庭记录, including the court dictation taken by the court clerk and the draft notes taken by the judge. The script is very much like the minutes for a business meeting, documenting what has been discussed and the order made by the judge.
The script will not include disclosure, police statement, pictures, weapons, coroner's report and other evidence. These are submissions and once submitted will become evidence. The process of the submission will be documented in the script.
In this case, the charge was dropped before a trial, so there should be only limited submissions of "evidence".
The script should provide very valuable information the argument why the charge was droped.
I suspect the old couple should have access to the court document. They have hired and fired 5 lawyers. I could imagine they brought the court doc to the lawyers, but once they were told there's no case, they kept shopping around. They are in their denial mode.
All indictable criminal cases must be prosecuted by the Crown Attorney. If family members are not satisfied with the Crown's decision of dropping the case, they will file a judicial review with a higher court if they trust:
1. the Crown has made a serious mistake in procedures,
2. the Crown has ignored critical information/evidence,
3. there isnew and significant evidence to change the decision,
4. there is public interest involved.
The old couple do not have an appeal. According to the newspaper 2 years ago, they have filed a complaint, probably about a serious mistake in procedures. I don't understand why after 2 years the complaint has not been resolved.
A Crown Attorney does not drop a case at his or her free will. The Crown must run it by the Chief Crown and discussed it with police. The judge must have endorsed the decision. We are talking about a group decision.
Very few talked about the defendant. He could be a victim. Imagine Fu was under the influence of alcohol and initiated the fight with the defendant who had to defend himself for his safety. He then was charged with second degree murder and detained for a few months. Where is the justice for him?
Very good explanation of the trial process and logical reasoning of the hot discussion on this website. This post reflects the typical acculturation of Chinese immigrants to the local society. Accurate words and expressions result in the delicate lucidity of the author's thoughts. Rationality and intelligence lead to a wonderful demonstration of logic and emotions.
What a fantastic post! 😁
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Sedona
2007-05-05 08:55
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最初由 xpxpxpx p 发布：
热心肠说得非常好，很专业
热心肠说得非常好，也很专业，我觉得51就是需要更多的懂专业的热心肠才能越办越好。网络时代本身就是一个大众得以施展的时代吗。
现就下面几个问题请教热心肠网友：
1.本人确实不太懂加拿大的法律，所以在我直接打电话给法院索要该案相关资料的时候特意强调我的非专业背景，并且说明了这是一起刑事案件，法院工作人员的回复很明确，她讲Court Script是对公众开放的，任何人都可以索取，那么她讲的Court Script是否就是您提到的开庭记录不同呢？
2.就我对加拿大法律粗浅的了解来看，作为刑事案件受害人是不可以进行刑事诉讼的，刑事诉讼需要由检查官来进行。那么如果受害人对法庭审理结果不满，他们可以独立进行上诉吗？如果他们不可以上诉刑事案件，那么他们需要通过什么途径来达到上述的目的呢（即由上一级法院来重审）？
先谢谢您了，如果您觉得中文不方便，可以使用英文。
xp, thanks again for all the hard work.
Criminal hearings are public hearings. Everyone has the right to attend a public hearing, so the record of the process will become available to the public.
Court script is 开庭记录, including the court dictation taken by the court clerk and the draft notes taken by the judge. The script is very much like the minutes for a business meeting, documenting what has been discussed and the order made by the judge.
The script will not include disclosure, police statement, pictures, weapons, coroner's report and other evidence. These are submissions and once submitted will become evidence. The process of the submission will be documented in the script.
In this case, the charge was dropped before a trial, so there should be only limited submissions of "evidence".
The script should provide very valuable information the argument why the charge was droped.
I suspect the old couple should have access to the court document. They have hired and fired 5 lawyers. I could imagine they brought the court doc to the lawyers, but once they were told there's no case, they kept shopping around. They are in their denial mode.
All indictable criminal cases must be prosecuted by the Crown Attorney. If family members are not satisfied with the Crown's decision of dropping the case, they will file a judicial review with a higher court if they trust:
1. the Crown has made a serious mistake in procedures,
2. the Crown has ignored critical information/evidence,
3. there isnew and significant evidence to change the decision,
4. there is public interest involved.
The old couple do not have an appeal. According to the newspaper 2 years ago, they have filed a complaint, probably about a serious mistake in procedures. I don't understand why after 2 years the complaint has not been resolved.
A Crown Attorney does not drop a case at his or her free will. The Crown must run it by the Chief Crown and discussed it with police. The judge must have endorsed the decision. We are talking about a group decision.
Very few talked about the defendant. He could be a victim. Imagine Fu was under the influence of alcohol and initiated the fight with the defendant who had to defend himself for his safety. He then was charged with second degree murder and detained for a few months. Where is the justice for him?
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陆海
2007-05-05 00:38
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最初由 哪吒 发布：
自然科学的研究一般都采用定性和定量分析的方法.但不管你用何种方法去研究问题,你都得合乎逻辑思维. 😁
It should not be a logic issue, but it can be.
对‘错杀一千、一万也保证不了“不放过一个”’ 的疑问关键在于如何保证不漏网，以及如何确定人们对过去发生的事情的认知是100%可靠的，即，如何建立起一个人与一过去发生事件的联系。说某人导致了某一事件发生，那么这人一定在当时与该事件有联系，但在这事件之前和之后一定有联系吗？很多情况下应该有（所谓因果关系）。注意这里用了一个词“很多”，也可叫“通常”或“普遍” ---- 这就是说这种因果关系的存在是在统计上占很高的百分比，或发生概率上的接近1。因果关系对任何事件的发生概率都是1、或者说是否因果关系一定是社会事件的绝对真理？答案肯定是否。
允许错杀的范围多大才能不放过一个罪犯？这范围的确定依据什么？比如目击证人，如何能确定目击证人一定说出了当时事件的事实？依据因果关系：如果该目击证人于事件的双方主体都无利益冲突并且该证人有正常理智和成人的认知和表述能力，那么该证人就会正确描绘出他所见到的那一部分事实（所谓真相）。但这是百分之百可靠吗？如果这是百分之百可靠，那么凡有目击证人指认的通通杀掉，就不会有漏网的了。或者，确定前面提到的“范围”用地理范围，比如事件的100平方公里以内的所有人等。问题是所有确定这“范围”的依据能保证那百分之百的可靠吗。再者，如果从过去事件留下的线索看（比如受害者只中一刀致命），那么只能有一个行为主体（一个人），如何知道那一个因果关系是最可靠的，凭常识，那又是一个概率问题。如果把所有的因果关系都列出来，所有牵涉的人都杀（错杀一千也不放过一个），那么事实能保证列出这些因果关系或其它任何联系的人们没有漏掉真正的关键？这又是一个概率或统计概念。
最后,自然, 这不是自然科学.
写这些与XP的贴无关，也与原本的主题无关，也无意与哪兄争论，只是因为有时间。 😁
最初由 陆海 发布：
Oh, it should not be a logic issue -- it is not a process of inferring, it is a statistical issue, isn't it?
自然科学的研究一般都采用定性和定量分析的方法.但不管你用何种方法去研究问题,你都得合乎逻辑思维. 😁
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陆海
2007-05-04 18:00
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最初由 哪吒 发布：
The logic you applied here (错杀一千、一万也保证不了“不放过一个”，而且可能更糟，放过的越多.) doesn't make any sense.
Oh, it should not be a logic issue -- it is not a process of inferring, it is a statistical issue, isn't it?
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哪吒
2007-05-04 14:40
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最初由 陆海 发布：
记得小时候听别人说过蒋介石有这么一句口号：“宁可错杀一千，决不放过一个”。问题是难是难在“决不放过一个”。错杀一千、一万也保证不了“不放过一个”，而且可能更糟，放过的越多。当然最后老蒋把整个大陆给“放过”了。
以上只是一个笑话，无意讨论司法理念。 😁
我前面的贴子只是想说，如果XP去找庭审记录，可能最重要的是公诉人如何向法官解释放弃二级谋杀指控以及法官根据什么接受，警察是否做了充足的调查等等。
The logic you applied here (错杀一千、一万也保证不了“不放过一个”，而且可能更糟，放过的越多.) doesn't make any sense.
xpxpxpx p:当地媒体对付光远案的报道(第9集)