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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 One-Sided and Prejudicial Collection of Evidence

The One-Sided and Prejudicial Collection of Evidence

(p.52) Chapter Five The One-Sided and Prejudicial Collection of Evidence
Back from the Dead

Jiahong He

University of Hawai'i Press

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 and empirical study, this chapter describes evidence-related problems such as prejudicial evidence collection and the overlooking of evidence of innocence.

Keywords:   investigation, death penalty, appeal, execution, Teng Xingshan, prejudice, two-trial system

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