The theory of criminal law of shallow understanding irrtumslehreLegal irrtumslehre， namely， refers to the illegality mistake for own behavior in law， whether what crime constitutes a crime shall be punished by， or what is wrong， is to oneself the legal nature of the action of meaning or Legal irrtumslehre usually includes three conditions: (1) the actor's behavior in law does not constitute a crime， the offender and constitutes a crime for which imaginary guilty， (2) the behavior in law constitutes a crime and does not constitute a crime， the offender mistaken assumptions that innocent， (3) for his act constitutes a crime shall be convicted and punishment in light of the existing errors， misunderstanding or Due to the legal irrtumslehre， only to the behavior of the offender is not correct understanding of the legal assessment， and for their actions in fact correct understanding of the situation is still there， so its act constitutes a crime shall be investigated for criminal responsibility is and how it is not usually （1）Imaginary innocent treatment principleThe principles for imaginary innocence， whether it involves a deliberately Foreign criminal law theory basically has the following kinds:1）Should know that don't speak， just for criminal facts have Canada criminal code article 19 regulation: "the ignorance of the law excuses and crime can be ShuZui " Motto: "Roman law and legal disclaimer" somehow also expressed a principle， namely: "in the crime as subjective FanYi established condition， not request to recognize his behavior of richtswitrig"2）Should know the reason， according to two: moral responsibility theory， personality responsibility Moral responsibility theory emphasizes on the rationality of free will blame illegal conduct， is considered to be objective 3）That said， the possible illegality of responsibility for deliberately， at least to the possibility of understanding While in China mainland， the introduction of the concept of crime has another concept -- social consciousness that harm to discuss richtswitrig already Because the deliberate crime according to law condemn the illegality of the offender is not known， the law itself is not damaged， the law of the social consciousness is Social harm consciousness is the essential contents of the crime， illegal consciousness is the legal form of social Therefore， our country law more emphasis is on the rationality of essence， which is harmful to the society Just because of its social harmfulness， with a social moral evaluation colour， easier for people to grasp and Therefore， the author thinks that， in general， the person need to recognize his behavior may be the result of inevitable or harmful to the society， and has already With intentionally But in fact， the forbidden by law and mass that is harmful to the society in our country nowadays the behavior under the constitution should be consistent， in other words， know the social harmfulness also know the possibility of illegal， but know the possibility of illegal is inevitable should also realize social harmfulness， both are Therefore， it is generally thought that the law is no excuse， the reason of law does not exclude the misunderstanding in principle， but can be culpable for deliberately （2） Misunderstandings treatment PunishmentWe might as well so the essence of blame for his due: the crime in the subjective should blame or blame， for the intent or negligence If the offender because of misunderstanding that legal person feels very innocent， lack of this should blame or condemning sexual， from the fundamental measure， blame is absolutely not consider Especially in the modern society， the legal category SAN marino， legal entry in different fields and different levels of books， recognized， comprehend legal apparently endless and same， so the person of law and misunderstandings， not Now， both in theory and practice， the method not cling to forgive "seems to have in Therefore， to a certain extent， can also think admits exceptions excusable is legal misunderstanding of criminal law is an important symbol of In addition， it was not in the act of which is prohibited by the laws and regulations， especially after a circumstance， should have knowledge of richtswitrig actor， constitute the understanding of deliberate point of view， with the attitude of this understanding， of course， that is not the illegality or by the simple statement The author thinks that the only when the legal establishment of may， FangKeZu but The fact mistakeThat mistake， is to determine its subjective behavior nature and the criminal responsibility of the relevant facts wrong From the wrong reasons and phenomenon of angles， generally known that there are several mistakes:（1） Object irrtumslehreThe object is known for errors， whether there is objectively error It includes actor in the implementation of the existing criminal behavior of the hazards for the object and actually does not exist， or for criminal object and actually does not exist， or infringe a criminal object and actually invaded another crime The object of objects is usually known errors caused by mistake， but the object of different social relationship reflects Evil doer of objects and actual expected in fact not only harm object does not agree， and in the nature of law is not Therefore， the object irrtumslehre may affect the form of sin， crime accomplishment， and may even attempted to influence the For example， in view of the circumstances， not a thought before the enemy， and a party came to stick， afterwards just know the ox was A thought of damage is "people"， and the actual wounded is "cow"， do not belong to the same laws of the Similar situation and will generally be mistaken for drug trafficking items， Actor will stolen items in the theft of guns in stealing This object from the subjective errors， see， is a kind of mistake， From the objective， because the mistake crime to no avail， where the criminal attempted 1）Object mistakeObjects can be generalized mistake， including object mistake to belong to the object know mistake is inevitable object These include， is known to be wrong object of legal property of the same object mistake and legal properties of different objects， namely the object irrtumslehre In order to distinguish with the object mistake here， the cognition to the same object only mean error between the different objects， namely the misunderstanding of the evil doer expected objects and actual harm to the object， but not in fact in the legal nature of the same This object mistake again say things on purpose mistake not criminal As a reserve， killing b shall be killed as b and c， do not affect a This is the need to consider that a kill b behavior "mistake" cause others (c)， belong to an intentional crime (b) "death"， for the excess result， according to the results， which determine the ordinary mail of death was deliberately recognized for deliberately， to the death of the fault is propylene， identified as negligence， according to the intention or negligence of the general mark recognized FanYi or state of mind， not applicable rules of the 2） Behavior irrtumslehreBehavior mainly includes two kind of mistake: first， the behavior nature That actor has to its social harm nature， such as understanding not imaginary Behavior nature mistake might affect the form of sin， and may also affect Second， the behavior tools (methods) That person to use when the conduct of tool (methods)， which affects not correct understanding of harm results， behavior tools (methods) mistake can affect crime or attempted was founded， also can affect crime or belongs to the incident， a typical for murder on hazardous substances， because the drug failure and failed to kill people， can think method or tools for error doer of consciousness beyond reason not to And as actor see armour， second coming together， hence shot to play， but can't hit by the party Look， this is from the phenomenon of an object， or the final results for the mistake， but this error is based on the fact that the wrong doer identify offender is carefully identify to begin， can think recognize is accurate， errors in ChaWu The solution to this situation， "said"， its legal with qualitative and recognize wrong object is consistent， namely directly recognized as an intentional homicide The death of a person is directly intentionally to b， death is the indirect intentional， just for a to b is attempted， Additionally， if in daily life because misidentification object and damage of consequences， the crime itself is not just any criminal negligence because of 3)Causality irrtumslehreCausality mistake， is on his behavior and harmful results of actual connection between Generally include: first， not some harm result， as has happened This generally constitute a Second， has certain harm result， but not for actor or for his behavior is caused， and does not affect crime Third， really happened， the offender is aware of its behavior， but with the actual development between the harm to the process or a mistake， general to punish crime In theory， the offender is not only a crime， but continuous movement， this several continuous action is not a few crime， but a In this sense， doesn't exist on the results of the Legal irrtumslehre and facts mistake and proceduresDomestic scholars in fact know mistakes and errors between the issue legal representative views mainly include:（1）For own behavior whether in law constitutes a crime， criminal or what kind of criminal punishment shall be under the incorrect understanding is legal irrtumslehre for his behavior on the implementation of the incorrect understanding is the fact that mistake，（2）The objectivity of crime is a false understanding of crime， that mistake of objective facts have clear understanding， only to act in the evaluation of existing laws on the concept of law is not correct mistakes。（3）Actor known facts and actual fact don't agree is wrong， the person that judgment and objective law is law of illegal inconsistency These ideas basically could in theory and legal irrtumslehre fact distinguish mistakes， it is important to emphasize that：1) With the conviction that the so-called irrelevant， as this mistake to hit each other， the shooting head caused the death of heart， without vision of research into 2) Study of the theory of error， error occurs when the purpose， but whether to intentionally resistance， reduce plots affected only the wrong cognition， natural sentencing nor will it into the error theory 3) This does not constitute a crime and actor for crime， and for their behavior in the criminal law on the crimes and how to apply for criminal punishment on such specific knowledge error， conviction according to Based on this， the author thinks that， at the fact that criminal law is only to know wrong doer of elements to know the so-called objective facts constituents of mistake is the fact that the legal irrtumslehre error refers to the legal action is illegal and the evaluation of the From the theory of facts and legal irrtumslehre error， but the problem is in the law， criminal elements to the facts and law closely combined circumstances (like some administrative crimes and economic crimes)， or is in a fact itself contains certain laws of evaluation content， to distinguish with a mistake is the fact that mistake or legal wrong， is often If the property of his humanity and obscenity obscenity， administrative rules and regulations， JinYuOu， disrupt public until its precondition of the legitimacy of the public， and legal irrtumslehre facts wrong intertwined， and this is what we distinguish facts and legal irrtumslehre errors will solve the In some cases， the defendant should know that because of the lack of knowledge， and not to the behavior of social harmfulness， so that the defendant is not "knowledge they will entail harmful consequences to society， and hope or allows such results" and deliberate crime， the burden of proof is only FanYi prosecution， in addition， prosecution without proof the defendant not normal， but normal mental and spiritual normal presumption defendant directly if the defendant that his spirit is not normal， it shall provide necessary evidence by himself to Thus， the author， on legal irrtumslehre processing， can adopt the presumption of ways to Which country presumption every normal citizens are known， unless the law can put forward defense "advantage prove" above， or the evidence rebut these presumption is From the efficiency of lawsuit， said the country is impossible to prove the defendant is known of the
O J Simpson murder case辛普森杀妻案The O J Simpson murder case has been described as the most publicized criminal trial in history，[1] in which O J Simpson， former American football star and actor， was brought to trial for the murder of his ex-wife Nicole Brown Simpson and her friend Ronald G Simpson was acquitted in 1995 after a lengthy trial， the longest jury trial in California [2]Simpson hired a high-profile defense team led by Johnnie Cochran and F Lee B Los Angeles County believed it had a solid prosecution case， but Cochran created in the minds of the jury the belief that there was reasonable doubt about the DNA evidence (then a relatively new type of evidence in trials)，[3] including that the blood-sample evidence had allegedly been mishandled by lab scientists and [4] Cochran and the defense team also alleged other misconduct by the Los Angeles Police D The televising of the lengthy trial riveted national attention on the dramatic By the end of the criminal trial， national surveys showed dramatic differences between most blacks and most whites in terms of their assessment of Simpson's [5]Later， both the Brown and Goldman families sued Simpson for damages in a civil trial， which has a lower standard of proof for determining [citation needed] On February 5， 1997， the jury unanimously found there was a preponderance of evidence to find Simpson liable for damages in the wrongful death of Goldman and battery of B In its conclusions， the jury effectively found Simpson liable for the death of his ex-wife and Ron G[6] On February 21， 2008， a Los Angeles court upheld a renewal of the civil judgment against 这个案子很经典，上面的一段是wiki上的英文案例，你可以找一些关于这个的中文资料，然后选择一个角度（比如种族歧视与陪审团制度的矛盾、毒树之果原则、媒体和舆论与司法公正的矛盾等等），或者一篇参考的中文文章（很多中国的法律人也会研究这个案子，发表一些观点），自己写或者翻译一篇英文论文出来就是了。下面引用一段英文资料，有个人在提问，为什么法院在刑事诉讼中判决辛普森无罪，但是在民事诉讼中又判决他赔偿自己妻子死亡赔偿金。 Jeralyn Merritt对这个问题进行了简略的回答。我想你大一的论文，字数要求不会太多，所以参考一下他这段答复吧。如果字数不够就把上面wiki的资料加一些进去，简单的交待一下案情。Q I am a high school government student， and I have a question that has been bothering me that my teacher refuses to In the OJ Simpson case I know that the state jury did not find him guilty on the charge of murder， but the federal court did on the charge of wrongful What is the difference and why were they able to do that? -- Geni A OJ Simpson was charged with first degree murder in the state court in C The jury found him "Not G" A "not guilty" verdict means the state failed to prove the charges "beyond a reasonable doubt"， which is the standard of proof in all criminal Criminal cases are brought on behalf of the citizens of a particular state or federal district， not by the victims or their After OJ Simpson was found not guilty in the criminal case， the families of Nicole Brown Simpson and Ron Goldman sued him in the state (not federal) court in California for wrongfully causing their Civil lawsuits for wrongful death are tried for money damages， not to put the defendant in Civil cases are brought in the name of individuals， not in the name of the SDifferent evidence was introduced in the OJ Simpson civil and criminal For example， although OJ Simpson denied it， evidence was presented in the civil trial that OJ Simpson owned a pair of Bruno Magli shoes that matched shoeprints left at the murder OJ Simpson exercised his constitutional right against self-incrimination and chose not to testify in the criminal All defendants in criminal cases have this In the civil trial， OJ no longer had such a right because he had been found not guilty of murder and could not be tried again for He had to testify when the opposing side called him as a Thus， the jury in the civil case got to hear OJ's testimony while the criminal jury did In the criminal case， the jury got to see that the glove left at the scene of the crime did not fit OJ S This experiment was not repeated for the civil The jury in the criminal trial got a far stronger portrayal of the problems with the DNA and other scientific evidence in the case， and the poor management of the crime scene， than did the civil And the criminal jury got to hear the false testimony of Los Angeles police officer Mark Furman， who later admitted lying and pleaded guilty to Finally， the burden of proof in criminal and civil cases is In criminal cases， the standard is "proof beyond a reasonable " There is also a presumption of innocence that stays with the defendant until and unless the jury returns a guilty In civil cases， the standard of proof is "by a preponderance of the evidence，" which essentially means "more likely than not，" or put another way， proof by 51% or The jury's verdict in the civil case was not that OJ Simpson was guilty of murder， but that he was liable for (which essentially means responsible for causing) the deaths of Nicole Brown Simpson and Ron GIn light of the different evidence presented， burdens of proof and ultimate issues the juries were called upon to decide， the verdicts in the criminal and civil trials were not really all that -- Jeralyn Merritt
