内容

从”制造谋杀犯”看中国司法系统
Making a murderer and its global implications

作为Netflix的忠实观众,我曾经在该网站观看过多部电影、电视剧和纪录片,但没有几部作品能与给象其最近推出的系列纪录片《制造谋杀犯》那样给观众带来如此之深刻的影响力。

As a loyal Netflix viewer, I’ve watched many of movies, TV shows and documentaries on Nexflix. But few of them have more profound impact on its viewers than its recent release of a documentary series – making a murderer.


Netflix推出的《制造谋杀犯》是一部动人心魄,令人难安系列纪录片,该片向观众展现了美国威斯康辛州马尼托沃克县男子Steven Avery及其外甥Brendan Dassey被定罪的庭审过程示。Avery一生中的大部分时间都是在监狱中度过。他因强暴一名女性而被误判刑入狱,并且为此白白坐了18年牢。而在Avery出狱后,他和他的外甥Dassey又被控谋杀年轻女摄影师Teresa Halbach,在被定罪后Avery和Dassey都被判处终身监禁,目前他们仍身陷囹圄。

Netflix’s making a murder is a chilling and disturbing documentary series that follow trials of Steven Avery, a Manitowoc County, Wisconsin man, and his nephew Brendan Dassey. Avery has spent most of his time in prison. He had served 18 year sentence for a sexually assaulting a woman – a crime he did not commit. But after being released from prison, Avery and Dassey were convicted for another crime – killing a young female photographer Teresa Halbach. They were sentenced to life in prison after the conviction and are currently being locked behind bars.

 
在第一次冤狱终得昭雪后,Avery将马尼托沃克县治安部告上法庭,以寻求因误判而造成的损害赔偿。但是这起诉讼案似乎将某些警员逼入了绝境。在Avery的谋杀罪审讯中,他的辩护律师曾称警方制造假证而栽赃陷害于他。

Avery filed a lawsuit against Manitowoc County sheriff department after he was exonerated of the first crime, seeking damages for the wrongful conviction. The lawsuit seemed to have forced certain police officers into the corner. During his murder trial, the defence lawyers argued that the police planted the evidence to frame him. 


Avery是否真如辩护律师所称不是该案真凶?虽然这部扣人心弦的真实犯罪纪录片并未对此作出明确回答,但其却令美国公众对更为迫切的,其意义远远超过该案本身的诸多问题进行深思。该片不仅揭露了美国法庭和警察局那些令人不安的,近乎瘫痪的现状,同时亦暴露了美国刑事司法系统的所存在的严重问题:从冤假错案和法庭证据不足到使用刑讯逼供等手段。

Was Avery innocent? The true crime thriller did not provide an answer, but left more burning questions to the American public that go far beyond the Avery trial. The documentary has revealed the disturbing and dysfunctional reality of American courtrooms and police stations and exposed deep flaws in the American criminal system -- from false convictions to the flawed forensic evidence to forceful interrogations.


但是如果美国司法系统尚有缺陷,那中国司法系统则更是千疮百孔。中国的刑事司法系统不遵循无罪推定的国际审判标准,被控嫌犯几乎无法享受到世界许多国家赋予嫌犯的基本权利或是为他们提供的法律保护。

But if American justice system is flawed, China’s system is broken. In a county where its criminal justice system does not follow the principle of innocent until proven guilty –an internationally established standard, the accused people are provided almost none of the rights or protections that are taken for granted by their counterparts in much of the world. 


在中国,只有寥寥可数的受审嫌犯被判无罪。中国的定罪率高达99.9%,而美国只有93%左右。中国的冤假错案案例不胜枚举,有些杀人案是在“凶手”定罪服刑多年后,才发现当年的被害人仍然在世。

In China, only a very small percentage of people who face trial are found not guilty. The conviction rate reaches as high as 99.9% while in US, it is only about 93%.  The examples of wrongful convictions are plenty, where murder victims showed up alive and well years after their “killer” had been convicted and sent to prison. 


相比Avery的审判,其外甥Brendan Dassey被定罪的过程更加令《制造谋杀犯》的观众愤懑和不安,因为法庭是将其供词作为定罪判刑的主要依据,而当年只有16岁的Dassey智商只有70,并且警方是在没有律师在场的情况下对其进行威逼诱导才获得这份供词。

Brendan Dassey’s conviction in “Making a Murderer” is more disturbing than his uncle’s trial– it relied largely on the confession of a 16 year old  – who has a IQ lower than 70. The confession was obtained through coerced integration by police without a lawyer present.


但是中国司法系统在很大程度上都是依赖于有罪供述认定犯罪。警方在没有律师在场的情况下,采取强制手段对嫌犯进行长达12小时的刑讯是家常便饭。而在这种审讯过程中,绝大部分被告都难以令法庭作出决定而不予采纳威逼之下的证词。

But Chinese system largely relies on confession of guilt to reach conviction. The police use compulsory measures to interrogate, without a lawyer present, for as long as 12 hours. During trials, defendants rarely succeed in tossing coerced evidence out. 


张高平及其侄子张辉因为被控在2003年强奸杀害一名搭车女青年,叔侄双双坐了10年冤狱。最新证据显示有关物证的DNA检测结果与另一名男子吻合,而张国平叔侄的“供词”则是刑讯逼供得来。据称,警方对张国平叔侄进行了七天七夜刑讯逼供,期间不让他们睡觉,并对他们施以种种折磨。最终,张国平叔侄在其他囚犯的胁迫下在警方起草的认罪书上签了字。

Zhang Gaoping and his nephew, Zhang Hui, spent 10 years wrongfully incarcerated for a 2003 rape-murder of a young hitchiker.   New evidence showed DNA results matching another man and the Zhanges’ “confessions” were the product of coercion.  The Zhanges were deprived of sleep and underwent seven days of abusive interrogation, including physical abuse.  They finally signed confessions drafted by the police under pressure from other detainees.


还有一些冤案虽然得以平反,但正义却来得太迟。一位名叫Huugjilt的18岁蒙古少年因为被控强奸杀人而被判处死刑,而等到法院发现Huugjilt是被错判时,他早已被执行死刑。

But when the mistakes were corrected, they are often far too late. The 18-year-old Mongolian man named Huugjilt was convicted for rape and murder, but by the time it was found to be a wrongful conviction, Huugjilt had long been executed. 

 
《制造谋杀犯》令观众深感震惊、不安和愤怒,其引发了要求维护司法正义的强烈呼声,并促使人们呼吁当局对冤假错案加强监督。而在美国民众要求Avery案重审的请愿活动愈演愈烈之际,中国更加急需改革其刑事司法系统,并确保其民众享有公平与尊严。但在这一改革历程中,新闻媒体强力,大胆揭露司法不公行为是这一改革进程中的第一步。

Making a Murderer has left its viewers stunned, disturbed and enraged. It has sparked widespread demand for justice and prompted calls to enhance oversight on miscarriage of justice. As Americans’ petition for Avery’s retrial has gathered momentum, there is more urgent need for China to reform its criminal system and provide its citizens with fairness and dignity. But a powerful journalism revealing wrongdoings in the system should be the first step on that journey of reform.


我们鼓励所有读者在我们的文章和博客上分享意见。We are committed to maintaining a lively but civil forum for discussion, so we ask you to avoid personal attacks, and please keep your comments relevant and respectful. Visit the FAQ page for more information.