TY - JOUR
T1 - One country, two cultures
T2 - Are Hong Kong Mock Jurors "mainlandized" by the predominant Chinese criminal justice concept of confession?
AU - Hui, Cora Y. T.
AU - Lo, T. Wing
PY - 2015/9
Y1 - 2015/9
N2 - Over-reliance on confession has had a long history in the Chinese criminal justice system. Recent high-profile wrongful conviction cases have raised public awareness of the coercive and torturous methods used to extract confessions. Despite the return of Hong Kong to Chinese sovereignty, Hong Kong remains a common law jurisdiction and the most serious criminal offences are tried by a jury. The present study empirically examines the relative impact of DNA evidence, confession, eyewitness testimony, and victim testimony in a Hong Kong-Chinese mock juror sample. The results show that the participants placed greater value on DNA evidence than on confession, and placed the lowest value on testimonial evidence. It is argued that the situation of "one country, two cultures" remains strong: Whereas participants are still influenced by the Chinese criminal justice concept of confession, their judgment is still predominately influenced by the scientific evidence as commonly practiced in the West. Thus, no solid evidence has been found to confirm the emergence of mainlandization in Hong Kong's criminal justice system.
AB - Over-reliance on confession has had a long history in the Chinese criminal justice system. Recent high-profile wrongful conviction cases have raised public awareness of the coercive and torturous methods used to extract confessions. Despite the return of Hong Kong to Chinese sovereignty, Hong Kong remains a common law jurisdiction and the most serious criminal offences are tried by a jury. The present study empirically examines the relative impact of DNA evidence, confession, eyewitness testimony, and victim testimony in a Hong Kong-Chinese mock juror sample. The results show that the participants placed greater value on DNA evidence than on confession, and placed the lowest value on testimonial evidence. It is argued that the situation of "one country, two cultures" remains strong: Whereas participants are still influenced by the Chinese criminal justice concept of confession, their judgment is still predominately influenced by the scientific evidence as commonly practiced in the West. Thus, no solid evidence has been found to confirm the emergence of mainlandization in Hong Kong's criminal justice system.
KW - confession
KW - DNA evidence
KW - Hong Kong
KW - juror decision making
KW - mainlandization
UR - http://www.scopus.com/inward/record.url?scp=84939208734&partnerID=8YFLogxK
UR - https://www.scopus.com/record/pubmetrics.uri?eid=2-s2.0-84939208734&origin=recordpage
U2 - 10.1177/0306624X14528463
DO - 10.1177/0306624X14528463
M3 - RGC 21 - Publication in refereed journal
SN - 0306-624X
VL - 59
SP - 1104
EP - 1124
JO - International Journal of Offender Therapy and Comparative Criminology
JF - International Journal of Offender Therapy and Comparative Criminology
IS - 10
ER -