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陈敏承认“二级谋杀罪”被判终身监禁

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楼主
发表于 2006-5-9 10:01:14 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式

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困扰华裔社区两年多的“张东岳被杀案”今日终有结果。来自上海的23岁留学生陈敏,在今天早上的庭审中以承认“二级谋杀罪”(second-degree murder)图换取轻判,法官据此判决陈敏终身监禁(sentence to life in pris ... [ 查看全文 ]

§ 发表于 2006-5-9
看不懂!什么叫“承认“二级谋杀罪”换取较轻的判决”?有罪就是有罪,无罪就是无罪,何来“换取”一说?难道这其中还有什么私弊不成?
沙发
发表于 2006-5-9 10:26:55 | 只看该作者

回复:[评论]陈敏承认“二级谋杀罪”被判终身监禁

最初由[祖宗]发布
[评论]陈敏承认“二级谋杀罪”被判终身监禁

看不懂!什么叫“承认“二级谋杀罪”换取较轻的判决”?有罪就是有罪,无罪就是无罪,何来“换取”一说?难道这其中还有什么私弊不成?
      我想这和中国的“坦白从宽”是类似的!
板凳
发表于 2006-5-9 10:29:18 | 只看该作者

不准假释!!!

不准假释!!!
地板
发表于 2006-5-9 10:30:10 | 只看该作者
this is plead bargain, his crime is not worthy to first degree murder, he had no plan with his crime and killing that day, the girl is suffocated in the trunk, without this plead, he has minimum chance to get man slut in first degree on jury verdict,  看不懂? please study some of basic law knowledge.
5#
发表于 2006-5-9 10:46:58 | 只看该作者

轻判? 终身监禁!

应该偿命。还拖累加拿大政府养他一辈子。
6#
发表于 2006-5-9 11:02:45 | 只看该作者
最初由[3hohoho]发布
why such severe and serious criminal case ends up with some 'deal'?

The accused should be either convicted first degree murder or declared innocent.

In cany case, there should never be some deal!
u are wrong, most of cases end up in deal and plead bargain during the law sue, because deal is more secure and safe, it also help to understand the case more, Jury verdict has too many possibility, that is mean verdict might too hard or too soft in the case, so lawyer made a deal to compromise the verdict.
7#
发表于 2006-5-9 11:15:37 | 只看该作者
加拿大的deal和国内的不一样,估计是法官好奇(实际上大家也好奇),都想知道事情的真相,做个deal,反正没有死刑,十几年后都会放出来。

国内的deal两层意思,一是花钱消灾;二是我不打你,自己说了吧,给你个痛快。 :confused: 估计佘祥林就是属于没有deal好的那种。
8#
发表于 2006-5-9 11:22:01 | 只看该作者
加拿大不是没死刑么~~  终身监禁已经是最重了吧?

plea guilty 有什么好处么?
9#
发表于 2006-5-9 11:26:48 | 只看该作者
陈敏杀人的动机和经过都是量刑判决的重要依据,这些东西没有搞清楚,这个案子哪里谈得上结了?

或许法官有禁令或者当事各方有协议,所有内幕都不能公开?
10#
发表于 2006-5-9 11:29:01 | 只看该作者
plea guilty 有什么好处么?

估计服刑若干年之后可以减刑或者保释,然后写书拍电影,失去的青春就弥补回来了。
11#
发表于 2006-5-9 11:45:52 | 只看该作者

中文的那篇报道很多事情都没有交待

事情的来龙去脉还是要仔细阅读CTV News:

The judge asked the 23-year-old directly if he understood that pleading guilty to second-degree murder would mean a sentence of life in prison, and Chen replied that he did.

CTV's Peter Murphy reported from the courtroom that the murder was a kidnapping attempt that went wrong.

The gifted Grade Four student was snatched from her home in October 2003 as her parents slept metres away.

Chen, who was in Canada under a student visa that was about to expire, was desperate to remain in the country, Murphy said.

With his funds running out, Chen wanted to secure $25,000 that would pay for a marriage of convenience to keep him in the country, Murphy said.

"And so in October of 2003, he had known the Zhang family because he had visited boarders there, he broke into the house through the window, sneaked up in the middle of the night along the corridor looking for Cecilia to kidnap her."

Murphy said that Chen admitted he came upon the young girl, who was wrapped in a towel, in the corridor.

"Fearing that she was going to scream, he attacked her, wrapped the towel around her head, put his arm around her neck, choked her and dragged her outside to his trunk and put her in," he said.

By the time he got her into the trunk of his car, her body was limp.

Chen drove a short distance away, and when he went to check in on the schoolgirl, she wasn't breathing.

"So this was a botched kidnapping attempt, a very incompetent one as well because he didn't have any plans to take her anywhere. He was hoping that he could just leave her in the trunk, phone the family, get the money, and then let her go," Murphy said.

The brazen early-morning abduction prompted a door-to-door search in the area surrounding the family home in northeast Toronto and extended to an international probe where local investigators were collaborating with police in Asia.

But the search ended in tragedy when her skeletal remains were found five months later in a wooden ravine in Mississauga, west of Toronto.

Chen was arrested and charged on July 21, 2004. At the time of his arrest, police said he knew a woman who had lived at the Zhang home between September 2002 and March 2003.

The Shanghai-born man entered Canada on a student visa on New Year's Day 2001, a month before his 18th birthday.

Chen is being defended by well-known criminal lawyer John Rosen, who represented killer and serial rapist Paul Bernardo.

Neither Cecilia's parents nor Chen's were in the courtroom to hear the guilty plea.

However, Sgt. Todd Moore of Peel region police read a statement on behalf of Cecilia's parents.

"We have experienced a sense of loss that cannot be explained ... each day has been extremely difficult," said the statement from Raymond Zhang and Sherry Xu.

"The fact that there is now a guilty plea by the person accused in this case brings some sense of closure to us, but no act will ever bring our dear Cecilia back to us."

Her parents thanked police officers, friends, Cecilia's school and lawyers for their support, which "constantly inspired us to go on."
12#
发表于 2006-5-9 11:48:17 | 只看该作者

那些“帮凶”们怎么不跳出来接着喊:“无辜、冤枉”了?

13#
发表于 2006-5-9 11:58:32 | 只看该作者
最初由[达也1314]发布
加拿大不是没死刑么~~  终身监禁已经是最重了吧?

plea guilty 有什么好处么?

     我想区别可能是,一级谋杀的终身监禁是不得假释,而二级谋杀的则可在服刑若干年之后,可以假释出狱。
      不知是否正确?
14#
发表于 2006-5-9 11:59:16 | 只看该作者
这不是当年的小皇帝末?报应啊。
15#
发表于 2006-5-9 12:03:59 | 只看该作者
看了CTV的报道仍然觉不可思议,这样将来小孩在事发过程当中应该是有反抗的,居然一家人都没察觉,一个大活人就让另一个大活人给拽出门了...就为了2万5办假结婚移民?
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