Already became silent the Liu Jiang of a paragraph of time east sex of experience is in the beauty is invaded case, had new progress suddenly again.
Prefectural inquisitor is made the same score inside American Minnesota go smoothly wheat Ke Fuliman (Mike Freeman) Zhou Si announces external, su Da police already finished bright Buddhist nun to be checked to the preliminary attune of the case, just will take over by check next, investigate a case full proof, decide finally to whether be sued.
Fuliman says, to when be being made final decision " without final time limit " .
A statement that is issued at website of prefectural inquisitor office is being made the same score inside henry still says, according to this orgnaization convention, before final decision is made, check just won't make an any assessments to the case.
Website of office of smooth county inquisitor states inside American Minnesota go smoothly
Accident former by look please: "East " window accident, liu Jiang east does the gender invade female student studying abroad to wait for catch? If the gender invades accusation to hold water, highest can sentence 30 years of imprisonment!
Bright Niabolisi police general Liu Jiang east case deliver check after square message is given out, suffer this effect, not only Beijing east the stock rose 1.1% , this action also was caused in all circles discuss extensively. What we need to make clear is, to raping case of this kind of criminal, check just has make independently whether to give prosecution decision, this do not need completely to consider the victim's apiration, after they still can choose to be being sued, nolle prosequi even.
In Liu Jiang east in the case, check square no more than can make decision of two kinds of possibility:
It is check just is opposite directly firstly Liu Jiang east undertake prosecution;
It is to evaluate the decision after case whole circumstance and corresponding evidence not to grant to sue secondly.
If be the first kind of circumstance -- below the case that check just should prosecute, need to pass order of a few law, just spread out formal front courtyard careful likely, for instance inquisitor should prepare enough data, police needs to show send a material, counsel for the defence still needs to await inquisitor to deliver data of all investigation result.
Before dividing this, before front courtyard careful, still can begin a court for many times the conference before front courtyard, discuss evidential collect for instance, the relevant circumstance of lawful sex of evidence and witness is waited a moment, flow may procrastinate longer, fast an a week, slow criterion a few months are possible.
If be the 2nd kind of circumstance -- check square decision is not sued or nolle prosequi, the victim changes check impossibly also to decide just through legal way, because resent to check just decides and sue inquisitor,even if is, but the court also can protect inquisitor " immunity " .
Well-known, this kind of case of the United States is commonly from arrest guilty suspect to begin, police is in receive the meeting after reporting a case to the security authorities to have a series of investigation, whether does the decision refer minor offence or felonious accusation to inquisitor according to findings.
And same, censorial meeting ground commits a crime findings report (include witness exhibit) whether does the case that will decide police place is handed over form crime to reach form why to plant crime, should deny sue etc.
What we need to make clear is, when check just is considering to whether be sued, principal judgement basis is evidential intensity, reason is in prejudication program, inquisitor must prove the case provides those who have in form to sue a reason to reach have prosecution evidence, otherwise even if arrived over there the judge, also meet out of court accuses, release guilty suspect thereby.
Police makes public bright Buddhist nun report
@ of small gain netizen corrupt bud abstract SY (SY of the following abbreviation) the analysis says:
Arrive according to American Department Of Justice and FBI 2009 a few data 2015, only 310 meetings call the police in every 1000 rape cases. Be in 310 cases this in, only 57 meetings are brought about arrest, only 11 meetings are recommended check square.
Be in 11 cases this in, a lot of suspects can accept Plea Bargain (admit one's guilt, but accept an accusation demote, for instance felonious instead minor offence) . 11 in 7 meetings are decided felonious (Felony Conviction) , 7 inside 6 meetings enter a prison.
In other words, be gone to by Refer check square this thing has explained
Mr Liu had beaten the United States in legal order now the other rapist of 99% .
(graph source: Small gain)
In light of the analysis with respect to netizen SY, it seems that this case sues hopeful, although this is not Beijing east with Liu Jiang east the ending that is willing to accept.
This kind of crime did not sue deadline, the square course of time need check that the decision sues is investigated with all possible means obtain evidence, feel the condition matured to just can be sued.
Mike Freeman of smooth county inquisitor says to had received the whole report that police submits inside henry, evaluating whether to sue, as to when to make sue a decision and restrict without time.
Why can inquisitor say " restrict without time " ? According to Minnesota criminal proceeding (Minnesota Rule Of Criminal Procedure) 628.26 (F) , having a kind of crime do not have litigant effectiveness for a given period of time, that is to say check just can be in any time to sue after the accident.
This kind of crime is:
Had gathered DNA evidence, and this evidence be able to the one class gender that appropriate saves approachs a case. The one class sex that is adult to other victim approachs a case, sue deadline to be 9 years.
Inquisitor speaks this word, show check just had mastered relevant DNA material probably, believe firmly mention criminal lawsuit does not accept restriction of effectiveness for a given period of time.
But above also respecting, a lot of Chinese believe even if more " irrefutable evidence " , but in the jurisprudence that is in the United States, still need completely of material evidence of testimony of a witness, ability supports a whole suit process. That is to say, even if check just mastered like DNA this kind has the evidence of direct directivity to this case, still also need to the witness provides testimony. Because DNA evidence can prove both sides produced sexual behavior only, cannot prove one party has pair of other one party to undertake forced.
So, this proposal is final whether sue successfully, still want to rely on crucial testimony of a witness probably. But it is very difficult that this appear.
Next the trend of the case depends on very old rate check square place made decision. Consider check square to sue nevertheless, does the odds that is Mr Liu convictioned and is imprisoned have how old?
The data of the graph on the basis, we can figure Jiangdongmei going abroad Liu is civilian edition, the probability that be convictioned and is imprisoned is respectively:
Conviction probability is 7/11 = 64%
Probability of serve a sentence is 6/11 = 54%
The possibility that is imprisoned namely, probably half half. . .
Nevertheless the first pace has not ended so quickly, we still need to consider a main factor
Rape law of the United States, have very common very important also characteristic, that double dominion with respect to federal and city (Dual Sovereignty) is effective. Say simply, if rape case happens inside certain city, meet then commonly the legal processing according to this him city. Involve personnel of federal public office when the case, perhaps happen in federal feudal, just can use federal law (for instance you are in FBI building, the member that raped FBI explore. . . )
Consider every state case is disparate so, @ of small gain netizen corrupt the analysis of bud abstract SY is very coarse still. . .
More accurate forecast, must want to see a case administer, namely the rape of the Minnesota convictions rate
Minnesota, the rape case that goes two years 1000 cases to report a case to the security authorities
The case of 26% is given check square (Liu Jiang Dongxian gives birth to a case to be in at present this one pace)
12% just be invaded to sue with the gender by check
7% conviction finally
This research became little last pace is imprisoned occupy report a case to the security authorities entirely the rate of the number, we are so referenced above American whole nation from conviction the changeover that be imprisoned is led (7% to 6% ) , reach 6% (also be opportunely very 7% to 6% ) pass so above these data, we are dinkum from associate with case conviction probability is computative, if Liu Jiang Dongxian is unripe,be citizen of common United States, in the Minnesota present circumstance falls. . .
He by the probability = 7% / 26% = 27% that convictions with forcible rape
The probability = 6% / 26% = 23% that he is imprisoned because of forcible rape
Be less than the probability of 1/4 to be able to be imprisoned that is to say
Careful reader had discovered, this probability, more average than American whole nation a lot of lower - change character, minnesota, recently two years, it is a forcible rape sue and conviction the city with relatively small probability. Liu Jiang restores in us before the special status east will discuss an issue, we still need to consider a few to be able to affect rape case to conviction normally lead and be imprisoned the element of rate:
Above all, according to the details of a case that has disclosed, this second case uses excessive force without the person, also did not cause victim death or serious injury
Next, the suspect also does not have criminal record, data of OK and subtractive statistic is so medium, conviction as a result of what strikeout brings about and the circumstance of serve a sentence
Finally, the suspect also does not have evidence or the abscond condition that causes aggravating punishment
Profit from these 3 advantageous elements, this probability of numerate returns need to be reduced further above. . .
How much to reduce, really bad to estimate, consider these factors are very main nevertheless, altogether gives 5% should have not been
So the conclusion of the first pace is, liu Jiang east gentleman, because of the probability that this second case is imprisoned, should not prep above 18% . Plus the element outside joining two important cases: Liu Jiang the Chinese identity east and Sino-US trade war, make the impact of the decision to inquisitor place, liu Jiang Dongxian is born in the probability that is imprisoned at present, return remnant 9% , lower perhaps (concrete analysis: Liu Jiang east the case is newest make progress and conviction probability analysis)
Nevertheless to the case, a lot of people still have a few bewilderment: 1, Liu Jiang east had gone back to the motherland, how is the United States just tried after?
On September 5, the Ping Jun inside Minnesota go smoothly (Lazasiji of spokesman of office of Hennepin County) inquisitor (Chuck Laszewski) ever expressed:
Liu Jiang east be in await trial of be bailed out now (condition of Released Pending Complaint) , once need the accused to arrive case, although there is extradite byelaw in the United States, but the United States just can pass through Interpol (Interpol) captures a suspect.
"If check just is sued, the accused of the first front courtyard must appear in court. Individual and special situation, the accused of the first front courtyard also can apply for not to appear in court to the court. But in Liu Jiang east in the case, I think he must appear in court, because he is to not have,protect gold to release, so his the first front courtyard considers bail issue even, can involve arrest afresh etc. Can involve arrest afresh etc..
2, the message says, doubt is like fall victim schoolgirl to had left the United States, whether can you affect investigation to obtain evidence?
Before this, bright Niyabolisi Ai Erde of police station spokesman (John Elder) ever replied say:
The investigation of part of fall victim schoolgirl is early had finished, no matter renown female person is in China or still should be in the United States now, won't affect police the exercise of this findings report.
Additional, according to American law, the gender is encroached will be in city people to undertake public prosecution to its by local inquisitor delegate. If victim cancel accuses, can not cause an effect to public prosecution.
And according to Minnesota law, if the suspect is convictioned formally,one class sex is invaded, will be faced with least 12 years, highest 30 years of imprisonment, be in with 40 thousand dollars the following fine.
Liu Jiang east case, be kicked to explode from incident successive a few days hold head of each world media, still attracting everybody up to now fix eyes on. Liu Jiang the Beijing east east, the kingdom of a person suffers Liu Jiang east influence of disturbance is in the beauty, beijing east share price this week drops greatly continuously, two days of market prise evaporated 50 billion RMB, the negative effect of market image, follow-up development is more inestimable.
Caused so big loss to investor, beijing east does the board of directors have unmake Liu Jiang instantly without the likelihood east? The answer is impossible.
Because of Beijing east it is Liu Jiang actually east the company that one person said to calculate, he had nearly 80% voting right, can decide the company is all and decision-making.
Strong without Liu east, the board of directors can not leave repeatedly...
The tall canal that large quantities of one positions hold the balance is had in unlike Tecent, A, liu Jiang the Beijing east east, more the kingdom that resembling is his person. Interview in what accept American CNBC when, liu Jiang Dongceng expresses him very the status that enjoys oneself to work hard, spend the time on the job on average to amount to 16 hours everyday, lie on the beach to bask it is very painful to can let him feel.
And in CCTV " dialog " in the program, liu Jiang Dongceng says: "If incontrollable this enterprise (Beijing east) , I aux would rather sell it. I aux would rather sell it..
If the boss of a company went in, how is this company met? An enterprise lost the boss like incorporeal character, way is lost in be sure to be in long-term commercial competition and company to develop, drop out finally.
Of course, if have strong able proprietress, the situation may take a favourable turn somewhat. But not be each man can have favour to have powerful wife.
Off-the-peg example has, that is a country beautiful.
Additional, this case develops up to now, emerge in endlessly to the victim's conjecture and rumor, innocent woman is coiled incident center, sufferring group of ridicule.
Occasionally, the victims in approaching incident to the gender because of public opinion just about are too inequitable, just brought about the victim that exceeds an in part to choose silent.
Circular move back and forth, the experience that rarer and rarer person dare stand to recount his, accuse the person that violate.
This case still is up to now fall mallet, but we hope, no matter the case develops toward wh which direction, we should retain to the victim be respected one minute and caress.
Do not go harming them, because they ought not to bear again deeper harm. Additional, bureau of Chinese type meal does not attend the banquet easily after still asking authority, eat not be a meal forever, be " bureau " ! Do not let finish of bureau of a fat meal your life
Next, liu Jiang east whether can be sued, its truth after all how, our wait and see what happens!
