雖然庭外和解放棄起訴“plea bargain”窗口以經關閉,最終“最佳”結局還是回歸到實效上盡可能等同於 “plea bargain”也就是控方 被控方 可以私下接受的結果。比如黑人受害方得到適量撫恤(有補償, 家屬接受並放棄繼續追究嚴懲重罰 梁警官(錢誰出?是否要起訴NYPD 有責?咱非專業人士不知道)), 梁警官有責勉重罪相對輕判(彰顯華界遊行成效)。
Now that door has closed. And in Criminal trial, the government is not interested in monetary damages, but in verdict in the name JUSTICE.
As to the ensuing civil trial, the stage has been set. The initial damage is 60 m. Liang will be found guilty again for at least 6 m.
In the end, justice is served.
Appeal may be possible provided that Liang's attoreny preserved the issues for appeal during this trial. The most likely issue is the examination of Liang's weapon by the jury. Although the judge has discretion to allow the jury to inspect submitted real evidence to the trial, either party may object based on prejudice grounds. If Liang's defence asserted proper legal ground while objecting to the Judge's decision, they may appeal this act as an "error" .
Other than that, there have not been many errors during the trial for retrial or appeal.
The bar for retial is much higher than that for appeal. Retrial is not conducted by a "higher court." Rather, a retrial or new trial is conducted in the same district court with a differenct panel of jurors.
However, it is Liang's attorney's job to pick a route going forward after the final judgment is issued in April. They do not have many options.
1)Motion for a New Trial. Grounds:
a) Prejudicial error. Serious error that makes judgment unfair, such as wrong jury instructions
b) Prejudicial misconduct. Party, attorneys, jurors, etc, such as jury considers evidence excluded at trial
c) Judgment against weight of evidence
d) Newly discovered evidence
e) Excessive or inadequate damages
2) Motion to Set Aside Judgment. Grounds:
a) Mistake, inadvertence, or excusable neglect (within a year)
b) New evidence undiscoverable at time of trial (within a year)
c) Fraud, misrepresentation, or misconduct by opposing party (within a year)
d) Judgment is void
3) Appeals
Look at potential errors on questions of law, not questions of fact. For example, 梁的手指在扳機上這個 fact is not reviewable on appeal.
為什麽要遊行?其他少數族裔要麽太彪悍,無人敢惹,要麽人太少,不是個例也看著像是受害者。華裔人數眾多,母國又日益強勢,與美國磨擦不斷增多,在這種大環境下,會是眾矢之的,不可不防。