In the judicial system of Imperial China, torture was technically illegal but tolerated because no one could be convicted without a confession. Torture could then be used with these provisions: (1) Questioning could only be done in open court. Since torture would then be administered in public, the public should agree, from the evidence, that the suspect is probably guilty. If it appeared that an innocent person was being tortured, a riot might result. The Judge, who was also the Magistrate of his administrative District, would be held responsible for the civil disturbance. (2) Punishment would be mitigated in proportion to any suffering inflicted by torture. And, most importantly, (3) if it turned out that an innocent person was convicted, the punishment he suffered could be imposed on the Judge. This was called , "reversed judgment."
Thursday, September 25, 2008
Posted by Aaron Durst at 7:46 PM