Author: wchao37

Whose fault was it -- does this son deserve to die? [Copy link] 中文

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Post time 2019-1-10 17:32:57 |Display all floors
Jaaja Post time: 2019-1-9 22:12
You must know though, that in many jurisdictions no crime whatsoever deserves capital punishment ...
But given China's context, I think in this case I would first have the retrial, and if that honestly turns out nothing new, then carry on with the death penalty.


The problem, as I had pointed out earlier, was that "Zhang's family had applied to the intermediate court and the provincial high court last year for a retrial of the 1996 assault, but the application was rejected."

All the remedial judicial channels have been closed -- so to speak.

If Zhang deserves to die, then so did all 108 "Hao Han (ggod men)" in the novel "Water Margin," nearly all of whom were forced to become bandits after murdering somebody to avenge for an injustice done unto someone dear to the murderer -- such as Wudalang in the case of Wu Song the Tiger-Killer.

To the best of my knowledge, no one brought up in Chinese culture has ever condemned any of the 108 Hao Han for killing those who had committed a horrible crime or meted out corrupted injustice in the first place.

Another point that I wanted to make but didn't mention in the initial analysis was that the three men in the Wang family continued to live so near the Zhang family that sooner or later the revenge would have to take place.  

The Wangs should have moved away a long time ago.

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Post time 2019-1-10 22:20:46 |Display all floors
A man who seeks revenge had better dig two graves. Or in this case 4

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Post time 2019-1-11 12:04:01 |Display all floors
JeffreyArcher Post time: 2019-1-10 22:20
A man who seeks revenge had better dig two graves. Or in this case 4

That's a given.  

Nobody is advocating revenge as a socially acceptable norm in a modern society like ours, or else society would descend into utter chaos.

That's also why my initial impression was that Zhang the 34 year-old deserved what he got -- capital punishment for a horrendous triple murder.

But try to think again, like I did subsequently...

There are thousands of reported murders every day in a big country like China, so why does CD pick this particular case up as if to make a point?  For sensationalism?  No way.  CD is not a tabloid depending on gossipy material for survival.

Obviously I am not the only person who sees that there are several extenuating circumstances that argue against sentencing the 34 year-old man to death.

First, with the Wang family living so close by, Zhang was constantly reminded of his mother's death at the hands of the Wangs.  It would certainly seem that justice was not meted out equitably in that the 17-year-old Wang received a relatively light prison sentence and ordered to pay an absurdly low fine (around $US 1000).

Secondly, legal appeals to the authorities by the Zhang family for remedial action was turned down inexplicably. There must have been a sense of total despair that led to the final act -- the killing of the three men.  Here we don't have the details on how the court decided it was premeditated murder and not a chance encounter that turned violent -- so I don't want to hazard any guess without evidence.

Thirdly, Zhang was 14 at the time of his mother's death.  The experience of seeing his mother being beaten to death by the taller and stronger 17 year-old or another adult in the Wang family (scapegoating the 17 year-old to get a lighter sentence was entirely possible) must have been so traumatizing that his subsequent act could be interpreted as the result of Post-Traumatic-Syndrome, in which case Zhang's crime wouldn't be counted as premeditated murder.

I am sure there are other reasons, but I don't want to go there at this time because even though the outline of the case is there, many details are missing....like when Zhang bought the knife?  What kind of a knife was it?  How did he open the door to gain entrance to the house to murder the 70 year-old?  why did the elder Zhang insist that the 17 year-old Wang was not the real killer of Zhang's mother?

Lacking those details, I must rest my case, Your Honor.



But on closer look, I found that there

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Post time 2019-1-11 16:36:38 |Display all floors

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Post time 2019-1-11 16:47:36 |Display all floors
wchao37 Post time: 2019-1-11 12:04
That's a given.  

Nobody is advocating revenge as a socially acceptable norm in a modern society  ...
who sees that there are several extenuating circumstances that argue against sentencing the 34 year-old man to death


Then again, do you see some extenuating circumstances surrounding the alleged quarrel, that brought the beating upon Zhang's mother? How do we know that there weren't some, which would have resulted in arguably light sentence for the Wang? Was the sentence light to begin with, considering the locale and time?

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