Chapter VI Jury
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The Chinese people's nature of watching the fun has not changed for thousands of years. Chen De led his personal guards to separate the clamoring crowd and came to a big tree. A woman in disheveled clothes was slumped on the ground and cried. A military man in front of him stood with a knife, with a blade hanging down, and blood dripped on the ground. A man dressed in a house next to him, with a vulgar face lying on the ground, his chest and collar were soaked in blood, and a doctor was bandaging him.
Almost all the clerks in the Lanzhou yamen maintained order around the martial arts field. When they heard that there was a murder case, the captain Wang Degui quickly rushed to the scene with his subordinates and asked everyone present on the spot about the case.
Hu Yangui, the wife of the perpetrator Duan Baili, was robbed by Khitan soldiers to Shuozhou and placed in a laundry yard dedicated to the Khitan army to ruin women. The injured person, Ximen Qing, visited with his master. After that, both were redeemed by Lanzhou, and Hu Yangui married Duan Baili to his wife. Unexpectedly, Ximen Qing threatened to promote her prostitute in the laundry yard and was always entangled, trying to force the traitor Hu Yangui. Today, when watching the martial arts performance, they met again. Hu Yangui was coerced and met him under a big tree next to the martial arts performance. Duan Baili was waiting for his wife Hu Yangui for a long time in the martial arts performance. So he came to search for him, but saw a man pulling his wife and trying to commit traitor. Duan Baili became angry and pulled out a protective sword. He slashed his sword and seriously injured Ximen Qing, and his blood flowed, and his life was hard to save.
The soldiers and civilians present were talking about it. Some were very relieved and shouted that they could kill well, some were angry and accused Duan Baili of committing a violent crime, and some were even scolded Hu Yangui for being unfaithful and unfaithful. They were not sure.
Lanzhou carried out a system of military officers and civil affairs. This section of Baili was a soldier from the camp. Tong Liufu, the civilian protector, immediately accused Chen De of the crime and seriously injured the civilian households, and wanted to detain the constable of the prefecture to detain him and sentence him according to the law.
Shi Yuanguang, the captain of the Heng camp who arrived, stopped doing it. As the saying goes, "The hatred of killing his father and the hatred of taking his wife, my aunt can't bear it. Uncle can't bear it. Shi Yuanguang is smart and knows that he can't obviously violate the law, so he said to Chen Debing: "Sir, I see that the scars in Huyan's neck are still there, and I see that Ximen Qing is in a traitor and is about to commit murder. This section of Baili arrives in time. He only needs to be slower, afraid that he will die on the spot. This woman will be the one who will be killed.
. At that time, he was slow and anxious, and he could only raise his sword and make the traitor unable to do evil. He took a little more serious action at the moment, but it was unimaginable." He insisted on Ximen Qing's rape as a murderer, and there was a lot of discussion on the laws and regulations. If the rape attempt failed, the victim would be a bit serious and would have to be punished by criminal law. For example, Ximen Qing was committing murder or even killing people, and it was normal to take his life to save people, and it was also the so-called "self-defense" in modern times.
Tong Liufu heard his remarks and asked back, "This woman has the handle in her hands. Since Ximen Qing has been patient and entangled for a long time, how could he suddenly feel like killing today?"
Shi Yuanguang smiled slightly and replied, "Tong Humin is not this Ximen Qing, how could he know that he had no intention of killing today?"
Tong Liufu said angrily: "Seiwei Shi is not this person either, how could he know that he had the intention to kill?"
Shi Yuanguang's face sterned and said, "The erythema pinched from Huyan's neck is evidence!"
This is Ximen Qing, who was receiving treatment from a doctor next to him, shouting weakly: "Sir, I'm wronged, I really don't want to kill anyone!"
Shi Yuanguang smiled disdainfully and said, "How many murderers in the prison of the prefecture are not guilty?"
Shi Yuanguang and Tong Liufu were in stalemate in front of Chen De, and more and more soldiers were watching. At this point, Chen De no longer brought the criminal back to the government office for interrogation. In that case, no matter what the result was found, he favored Duan Baili, which was a dissatisfied with the people and Ximen Qing, and even more dissatisfied with the army. Thinking of this, Chen De turned to look at Liang Zuoqiu, a Jinshi, and saw that he also smiled bitterly. Although the national law is terrifying, you must know that this soldier has been fighting outside for many years and his family is alone in the empty room. If he is worried about a fire in the backyard, there is no need to fight this battle.
"What both of you say makes sense. No one knows whether Ximen Qing wanted to kill people at that time, and now he cannot argue." Chen De was secretly amused. It was obvious that Duan Baili was murdering, but how did Ximen Qing kill people? Shi Yuanguang is really a talent. "As the saying goes, one person has a short plan, and everyone has a strong plan. If the facts in this case are difficult to understand, please ask everyone to evaluate them."
Seeing that the soldiers and civilians present looked at him, Chen De smiled and said, "Since it is related to both the military and civilians, then ask six civilian households and six soldiers to form a jury of 12 people to help the official judge whether Ximen Qing had a murderous move, that is, indirectly determine whether the sergeant Duan Baili's strike is appropriate?" He paused and said, "As for the jury, it should have been a lottery draw. Since there are not so many suitable bamboo sticks, then choose it by beating the drum and passing the flowers."
Beating the drum and passing flowers is a method commonly used as music in the Central Plains. It is often used to persuade drinking and composing poems. Today, Chen De used it to select juries. The fang soldiers handed over the fine-forged flower balls that were originally awarded to the winners of the competition field to Chen De. Chen De ordered the military and civilians to separate the two sides. Shi Yuanguang and Tong Liufu covered their eyes with ribbons to hit the drums. The flower balls were passed among the soldiers and civilians on both sides. Whenever the drum sound stopped, the flower balls were taken out by the fang soldiers as juries. In this way, a total of twelve people were selected.
Seeing that the jury were standing, Chen De asked Duan Baili with a smile and said, "Do you see, these jury members can't trust them? As long as they point out, I will use the method of beating the drum and passing flowers to other people." As soon as this was said, the households outside couldn't help but whisper, and the commander would still favor the soldiers.
Duan Baili just killed someone by mistake. There were not much people he killed on the battlefield. It was just that he couldn't accept that his wife, whom he married, had been prostitutes in Shuozhou, and was not even as good as a prostitute. Seeing her sitting on the ground pitifully, thinking of her usual gentleness and considerateness, her mind was blank. He heard Chen De's question, and then woke up, and glanced at the tall, short, fat, thin, and different jurymen. None of them knew him, and then bowed and said, "Let the adults arrange, the villain has no objection."
Chen De nodded and asked Ximen Qing, who had bandaged his wounds, and said, "Do you have any objections to the jury selected by the drum and passing the flowers?" He asked the soldiers first, and then the civilian household, but he had nothing to say.
Ximen Qing was a cunning person. When he knew whether he could take revenge, he said in a deep voice: "Thank you for your care. The villain wants to know if there are any people in the camp among these soldiers and civilians, and whether there are any people who are familiar with this murderer before?"
Chen De nodded and asked, all the soldiers were from different camps, but one of the civilians was under the strait camp. So Ximen Qing asked to change this person, and the method of beating drums and passing flowers came out that another civilian family was under the rule of Ya Bingbat, and then he gave up.
"All the military and civilians are judging, have you heard the arguments clearly?" Chen De asked.
Everyone replied yes.
"Have you seen clearly the appearance of the prisoner at the scene and all kinds of evidence?"
The jury military and civilians selected by the drum-beating method were actually in a relatively high position, and some arrived earlier than Chen De. They all clearly witnessed the entire interrogation process from beginning to end. After hearing Chen De's question, they answered yes one after another.
"Okay, all the military and civilians are judging the military and civilians. I will hand over the final right to preside over justice to you. Please use your common sense to judge. In the case of Duan Baili killing Ximen Qing by mistake, is Duan Baili guilty or not?" After saying that, Chen De looked at the twelve selected people whispering to each other.
Although there was no Song and Ming ethics in this era, the Han people were still quite conservative. They were left to the military and civilians present to judge, and they were afraid that they would drown Ximen Qing with saliva on the spot. However, in this way, the national law would be abolished. If they had to judge according to the national law, anyone with a discerning eye could see that Shi Yuanguang was arguing and punishing Duan Baili for his crimes. This not only made the traitors arrogant, the military and civilians disappointed, but also greatly damaged Chen De's prestige. No matter how strict the national law is, how many people who are honest and honest will carefully study it? Those treacherous and treacherous people complained indiscriminately and were greedy for ink.
The stubborn official is showing off his desires. No matter how strict the national law is, it becomes a tool to harm the honest people. Chen De took this opportunity to establish a jury system, which not only greatly divided the power of the officials and clerks in the trial, but also made the result of the trial accepted by the majority of the people. It can be said that a jury made by a jury may not be the most reasonable verdict, nor may it be a verdict that strictly complies with the national law, but it is definitely a fair verdict, and it is definitely a verdict that is deeply loved by the people. Procedural justice is greater than substantive justice, and the hearts of the people are national law. This is the true meaning of the jury system.
"Sir, the result is out. Twelve jurors voted with soybeans and mung beans, with soybeans as their consent, Duan Baili was guilty, and mung beans as their consent. In the end, two people agreed, nine people opposed, and one abstained."
Li Si, the captain of the Ya Bandit Camp, poured out the beans in the juror's ballot box in public. After counting the results, before Chen De could speak, the onlookers cheered. There was also a saying in this era of public trial, but there was absolutely no such thing as Chen De, who handed over the power of justice to the people, which was truly awesome. No one would think that the ruling he made was wrong, even if it was really wrong. Once the justice of the law was finally handed over to the people, the people would spontaneously believe that he was just. Without the trust of the people, the law that claimed to be just is just a kind of power.
Although he had already expected this, Chen De still breathed a sigh of relief and said with a smile: "Since that's the case, Duan Baili and his wife were released on the spot. Ximen Qing, who was intending to force the rape, took him back to the prison for custody first." He waved to the cheering crowd around him, nodded, and turned to Li Si in a low voice: "As the saying goes, family scandals should not be made public. After this public trial, Duan Baili may not be able to raise his head in Lanzhou. Let him stay at Zhang Zhongyao for a few years first. Also,
A privacy protection order was issued. Anyone who spreads other people's privacy but does not have to do with the safety of Lanzhou will be whipped for 100 times and the craftsmanship has worked for three years." Now most women in Lanzhou buy, and no one knows what they have experienced in the past. If they threaten privacy like Ximen Qing, everyone will inevitably be in danger. Emperor Gaozu did not ask Chen Ping to steal his sister-in-law's ignorance of gold and took great benefits. Lanzhou now needs stability in the rear, so naturally, it must kill all unstable factors in the bud.
Chen De paused and said, "Tell Baili that if he doesn't want it, he will give her a divorce letter. If he wants it, he will treat her well. He is a miserable person, so don't beat and scold him." After that, he walked with Liang Zuoqiu while discussing the method of establishing a village school.
Li Si hurriedly walked to Duan Baili and told him about Chen De's intention. Duan Baili was stunned. After thanking Li Si, he stared at Chen De's slowly moving back, lifted the hem of his military robe, knelt on the ground, and knocked three heads heavily on the ground. Seeing that Li Si had also walked away, he sighed and turned around and called the Huyan family to return home together.
Just now, Huang Wen and Zhou Hou and other noble ladies were also standing beside Chen De and watching. These women naturally sympathized with Huyan, especially Zhu Huilan, who had similar experiences. Although she told Xin Gu about her past events before getting married, she could not help but secretly covered her chest and breathed a sigh of relief after hearing Chen De issued a privacy protection order. The whipping of this era is extraordinary, and one hundred strokes are enough to kill people. If you are lucky enough to die, you will be exhausted to work in the craftsman camp for three years. Lord Chen is killing people to silence him. Zhu Huilan looked at Chen De's back with some emotion. She listened to Xin Gu telling him how wise Mr. Chen was at home every day. Only today can she truly deeply feel the deep thoughts of this person. Not only did she save the Baili couple and punish the evil people, but she also relieved a major trouble in Lanzhou in the future.
Author: When it comes to jury system, people often think of the Simpson case. Everyone in the United States knows that he killed someone, but the jury let him go. In fact, if you think about it, this is not a kind of amnesty from the jurors on behalf of the people. At that time, most black Americans believed that the trial of Simpson was a white man taking the opportunity to engage in black people. If he was really convicted, he would be afraid that the gain would be not worth the loss.
There are many extremely ridiculous cases under the jury system, such as the husband complaining that his wife was caught and killed. As a result, the jury accepted the lawyer's statement that nagging could threaten other people's lives and believed that it was a self-defense murder.
However, flaws do not conceal the merits, and there is no need to quote the classics. Just ask yourself. Which one is more fair, or a judicial system that does not adopt the jury system?
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Chapter completed!