虽然庭外和解放弃起诉“plea bargain”窗口以经关闭,最终“最佳”结局还是回归到实效上尽可能等同于 “plea bargain”也就是控方 被控方 可以私下接受的结果。比如黑人受害方得到适量抚恤(有补偿, 家属接受并放弃继续追究严惩重罚 梁警官(钱谁出?是否要起诉NYPD 有责?咱非专业人士不知道)), 梁警官有责勉重罪相对轻判(彰显华界游行成效)。
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, 梁的手指在扳机上这个 fact is not reviewable on appeal.
为什么要游行?其他少数族裔要么太彪悍,无人敢惹,要么人太少,不是个例也看着像是受害者。华裔人数众多,母国又日益强势,与美国磨擦不断增多,在这种大环境下,会是众矢之的,不可不防。