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Record W2913346266 · doi:10.3968/10690

The Exclusionary Rule of Illegal Obatianed Co-defendant Confession in China

2018· article· en· W2913346266 on OpenAlexvenueno aff
Shao Jun

Bibliographic record

VenueCanadian social science · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsConfession (law)WitnessLawCriminal procedureLegislationPolitical scienceVoluntarinessCriminologyPsychology

Abstract

fetched live from OpenAlex

The co-defendant refers to defendants that get involved in the same criminal procedure and the merger investigation, prosecution and trial, or any other defendants who share implicated relationship due to additional prosecution. In practice, there is a problem that whether the defendant can motion the exclusionary rule of the illegally obtained co-defendant confession. Even though the current exclusionary rule had positive improvement in these years, there are still blank areas, among which the problem doesn’t get a clear answer in the legislation. The question contains a preposed key point: how to define the character of co-defendant confession? Regarding that the part of the co-defendant confession about other co-defendants is often an important and unfavorable evidence against them, from the perspective of a fair trial, this confession should be regarded as witness testimony against other co-defendants. And it is necessary to give other defendants the right of cross-examination. For the purpose of deterring and curbing the state organs from illegal investigation in criminal proceedings, the accused should be fully given the qualification to motion the exclusionary rule within a reasonable range. Therefore, based on the intrinsic attribute of witness testimony in the co-defendant confession, the defendant should be entitled to the right to motion, if and only if the part of the co-defendant confession related to him is obtained by illegal torture.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.008
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.081
Threshold uncertainty score0.160

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0040.008
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0060.006
Scholarly communication0.0040.002
Open science0.0010.002
Research integrity0.0020.002
Insufficient payload (model declined to judge)0.0040.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.023
GPT teacher head0.338
Teacher spread0.314 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2018
Admission routes1
Has abstractyes

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