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Back from the DeadWrongful Convictions and Criminal Justice in China$
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He Jiahong

Print publication date: 2016

Print ISBN-13: 9780824856618

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824856618.001.0001

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The “From Confession to Evidence” Model of Criminal Investigation

The “From Confession to Evidence” Model of Criminal Investigation

Chapter:
(p.25) Chapter Two The “From Confession to Evidence” Model of Criminal Investigation
Source:
Back from the Dead
Author(s):

Jiahong He

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824856618.003.0003

In a well-known case of “back from the dead,” Teng Xingshan was convicted in Hunan for murdering his mistress and sentenced to death in 1988. Several years after his execution, it was discovered that the supposed victim was still alive. The Hunan High People's Court issued a revised judgment in accordance with trial supervision procedure and declared that Teng Xingshan was not guilty. Based on analysis of the Teng Xingshan case, this chapter explains the Chinese criminal justice system's emphasis on oral testimony and confession and argues that the tendency to identify suspects and secure confessions before collecting evidence encourages wrongful conviction.

Keywords:   investigation, confession, interrogation, torture, evidence, Teng Xingshan

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