Harry Potter Morning Light
Chapter 2439
For criminals in the 20th century, it is basic common sense to clean the scene to wipe off fingerprints, or to commit crimes with gloves, because fingerprints will be used as evidence.
However, in the early 19th century, fingerprints could not be used as evidence. It was not until the middle and late 19th century that people realized that everyone's fingerprints were different.
Social demand is the fundamental driving force for the development of evidence science, but evidence science does not refer to criminal investigation techniques such as fingerprint images, DNA testing, and bloodstain identification, but the state of interdisciplinary research between evidence law and other disciplines. For example, the testimony of psychics, in fact, the testimony of eyewitnesses is not much more accurate than them. There are many factors that will affect the memory of witnesses, such as light, disguise, and the speed of memory decay. , they can't even tell the difference.
When the case happened, people focused on different things. Someone first saw the knife, or the clothes worn by the criminal. Once the clothes were changed, the witnesses would not recognize him, unless he had received special training in physical feature recognition, and needed It is often the police and detectives who are trained in this area and use it on a daily basis. So John Fielding encouraged people to report the crime as soon as possible, and provide as many confessions and clues as possible while the memory was still clear. Sometimes, he also hired a painter to draw the criminal's portrait according to the description of the victim and print it on the arrest warrant.
But this will also lead to a bad consequence, that is, the existence of perjury, especially with the reward system, has caused a lot of perjury problems. At the beginning of the 18th century, lawyers were not qualified to enter the criminal court, or they were allowed to intervene unless treason, treason and other cases occurred. It was not until the 1730s that lawyers became involved in criminal cases and defended the defendant in order to cope with the overly strong position of the prosecution and false testimony for rewards.
It was not until the 1960s that there were confession rules. When witnesses testify, they have to put their hands on the Bible and swear that everything they say is true. Hearsay can also be adopted. What affects the judge and jury's evidence is not only the law cited by the prosecution and the defense, but also the "knowledge base" including daily knowledge. This "knowledge base" includes daily life experience, logic rules, Personal experience and even personality factors.
Before Bentham, the British law of evidence was based on Locke's theory and tried to use "best evidence" to unify all evidence. This "best evidence" is often the final evidence, and what is shown to the judge is a written report, and the person in charge of the final investigation usually decides the murder with the dead body, and it is difficult to make a murder without a dead body, unless there is other evidence that can be indirectly proved. Such as a large pool of blood, eyewitness testimony and body remains. Peter Pedilu faked his own death with a small thumb, making Sirius Black the murderer. According to the normal process, there should be evidence for the prosecution and defense in court. These circumstantial evidences are not sufficient, but the judge at the time saved This step was missed, and Sirius was imprisoned in Azkaban.
The judge’s evidence is also affected by the laws of logic and personality factors. Sirius is from the famous black wizard family, the Black family. Besides, there was Igor Karkaroff who kept spitting out new names. His confession was "the best Evidence", so that Barty Crouch Sr. was stunned when Karkaroff said the name of Barty Crouch Jr.
Sure, it was a wizarding court, but it kept the rules of Bentham's old Muggle court like a living antique. Bentham's advocacy of reducing the pain and expense of litigation was based on his utilitarian rationale. The most basic principle of this principle is the principle of non-exclusion. If there are no witnesses, including the parties themselves, their relevant evidence will be excluded, and they will not be charged and time-consuming. For example, the two witnesses of Mr. William Corker Wife, how can they testify if they have all become ghosts? The principle of non-exclusion is to allow judges to have access to as much evidence as possible, and evaluate the probative force of evidence according to the degree of persuasion generated by the evidence in their hearts. At this time, the "best evidence" is not conclusive evidence.
Will enumerating so many evidences reduce litigation costs and time? The best evidence is often written evidence, for example, if a borrows money from b, a's father goes to b's residence together to ask to see the IOU, then a takes advantage of b's inattention, burns the IOU, and claims that the money has been repaid, the two At this time, A's father understood the compassion and testified that his son burned the "best evidence" IOU if he did not pay back the money. If the judicial process is rigid, this case will probably be lost by B. , but is convincing in terms of everyday behavior.
Bentham's legal reforms had a great impact on the common law, but William Coke's case is not a civil case, and the testimony provided by psychics cannot be classified under the rules of rumors and confessions. The good thing is that his case has not yet been filed. Otherwise, he would not be able to leave the UK with two murders.
John Fielding "staged" the process of reporting and finalizing the case in the theater, whether it is for pure fun or out of curiosity, you can visit it. After the criminal suspect is arrested and sent to Bow Street, he will be tried in front of many people. If the case is filed, the suspect will be sent to the criminal court. With so many people watching, he will not be able to extract a confession by torture, and of course there will be no bribery, etc. The situation is like a 20th century interrogation room with cameras installed.
To rule out perjury requires a lot of interviews. To be a detective on Bow Street, you must first be diligent. It is so hard and the salary is so low. There are really not many people who can persist, but there are also many people with conscience in this world. Because Bentham's judicial reform had just begun, she was not familiar with criminal law, and Georgiana didn't talk to Padma in detail on the way back. Then they chatted about Padma's "date" today.
"He really thought I was afraid of that fake snake." Padma pouted and said, "I just covered my eyes subconsciously."
"So you're having a bad day?" Georgiana asked.
"It's much better than that day." Padma paused, "But I can't chat with him."
Georgiana wanted to say that Padma and Charles were not from the same world, and then she remembered Henry Petty's question, what did she talk about with Bonaparte?
At this moment, the carriage stopped suddenly, and she vaguely heard a cry for help.
She and Padma poked their heads out, and found a ragged and dirty woman coming out of the forest. She grabbed the front door for help.
Leyla and Marguerite were sitting in the carriage, and Georgiana was just about to open the door to go out when two dragoons ran past.
One of them was Figel, who stopped in front of the woman, who immediately hugged Figel's leg and howled.
"What happened?" Padma asked anxiously.
"Stay in the car," Georgiana said, and opened the door too.
Just when she was about to get out of the car, she found that the ground was full of mud. If she just stepped on it like this, the expensive dress she was wearing would basically be ruined.
She is not afraid of getting dirty, but she cares about money. She plans to wear this dress in the future, and it can save some fitting costs...
After hesitating for less than half a minute, another dragoon had already arrived.
"Ma'am, the woman said she was attacked by robbers, and she escaped alone," said the dragoon.
"Give her to the Brussels police." Georgiana said indifferently, and then returned to the carriage.
But after a long while, there was no response at all, and the woman was still holding on to Figel's thigh tightly and would not let go.
Georgiana sighed, opened the car door again, and said loudly to the outside, "Take her with you."
Then closed the door again.
Padma looked at her with weird eyes.
"What are you doing?"
"A sympathetic person, shouldn't he save people immediately?" Padma condemned.
"Should I prepare her a hot bath and a cup of hot cocoa?" Georgiana teased.
"if not?"
"Taking will destroy the evidence on her body and affect the police's investigation and evidence collection, but I can give her a cup of hot cocoa, but I don't think it's safe to stay in the forest in the middle of the night. You just heard that she was attacked by robbers. It's possible they're still chasing her."
"Then what shall we do?"
"Go back to the castle." As soon as Georgiana finished speaking, the carriage moved. "The castle has a drawbridge and a city wall. It may not be able to defend against cannons and regular troops, but it is not bad against robbers."
After she finished speaking, she yawned, wondering if she could sleep well tonight.
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