Criminal Justice in China

Criminal Justice in China

An Empirical Inquiry

Mike McConville

The political, economic and social transformations that have taken place in China over the last half-century have had a major impact upon the formal methods, institutions and mechanisms used to deal with alleged criminal infractions. This path-breaking book, based upon the largest and most systematic empirical inquiry ever undertaken in China, analyses the extent to which changes to the formal legal structure have resulted in changes to the law in practice.

Appendix 4: Courtroom observation schedule

Mike McConville

Subjects: asian studies, asian law, law - academic, asian law, criminal law and justice, human rights, politics and public policy, human rights


Case Identification Number: Date of Court Session: Offence(s), Number and Type: Defendant(s) Number: Guidelines: I Do a diagram of the physical layout of the courtroom and where the parties were located. Describe parties present – judges, prosecutors, defendants, police and others. Include number and their physical appearance. Outline the main factors in the prosecution’s case. How did the trial open? Section A: Ascertain the defendant’s status and announce litigation rights. Section B: Court investigation. Section C: Court debate. Section D: Make a final statement. Section E: Adjournment. V VI Did any prosecution witnesses give evidence at court? If yes, describe it. If there was a defence, outline the arguments. If the defendant had representation, provide details of whom this was and what was said. II III IV VII Did any defence witnesses give evidence at court? Describe it. VIII Describe what the judge did? Did he/she ask questions or seek clarification? 489 M2561 – McCONVILLE TEXT.indd 489 17/03/2011 08:52 490 Criminal justice in China IX Describe the giving of the judgment (note the verdict). What were the main factors stressed by the judge in deciding whether the defendant(s) was guilty or not? Did he comment the prosecution or defence? What was the sentence? Outline the main points stated by the judge imposing the punishment. How long did the trial take? Note details and reasons for any adjournments. X XI XII Note any other important factors or things that happened. M2561 – McCONVILLE TEXT.indd 490 17/03/2011 08:52

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