This article is written by Raj Chourasia who is pursuing an Executive Course in Advanced Criminal Litigation and Trial Advocacy from Lawsikho.
Table of Contents
Introduction
In crime, it is most important to check whether it is Crime or not because in Crime there have to check criminal elements like “Actus Reus” and “Mens Rea”. Actus Reus means Guilty Act and Mens Rea means Guilty Mind. For a Crimes we have to check Actus Reus and Mens Rea both are there present then its consider as Crime but partially not consider as a Crimes. Technically the Doctrine of Mens Rea is not applied to the offence under the Indian Penal Code. In Indian Penal Code, 1860, every offence is defined very clearly. The definition is not define only what accused have done it also define about the state of his mind with regard to the act when he was doing it. Criminal Justice have work to deliver of justice to those who committed crimes. The Criminal Justice System have goal to the rehabilitation of offenders, preventing other crimes and moral support for victims. In Criminal Justice System have different machinery for different work like police machinery, Hon’ble Courts, CBI etc. In Trial Proceedings we have to consider many important ingredients to consider like Statue, Eye Witness, Finger Print Evidence, Forensic Evidence, DNA Evidence, Confession, Articles etc before giving Judgements or Order.
Eyewitnesses are highly reliable
Eyewitness is a very important part of the case. Eyewitness created a solid case based on testimony. Research shows that Eyewitness are highly unreliable, Eyewitness can be compromised when the identification occurs under the stress of a crime or event. Eyewitness case or testimony was a factor of wrongful conviction cases. Court have been slow in allowing defendants to present expert evidence on the fallibility of eyewitnesses. There are many courts still don’t allow.
Fingerprint evidence is foolproof
Police Machinery can take print through finger printing machine which is simple process to indentifying finger prints. The identification of print is an art then science. When tested by rigorous scientific method then the result was turned out to have a significant error rate. Latent print are usually blurred, fragmentary, overlapping and otherwise distorted. There is a challenge to match the latent print to a pristine inked which are inked which optically scanned. In this cases Llera Piaza, 188 F. Supp. 2d 549, 564 (E.D.Pa. 2002), defines that Judge Pollack has rejected fingerprint identification has failed to make systematically test its underlying assumptions and claims of expertise. In this, such an error occurred in 2004 that when the FBI announced that latent print found in a plastic bag near a Madrid terrorist bombing was a (100% Match). The FBI eventually conceded error when Spanish investigators linked the print to someone else.
Other types of Forensic evidence are scientifically proven and therefore infallible
DNA evidence which has its issues, that fingerprint goes for double and triple for other types of Forensic evidence. Handwriting error rates average around 40% and sometimes approach 100%. False-positive error rates for bite marks run as high as 64% and microscopic hair comparisons are about 12%. Other filed experts of forensic is long accepted and by the court as largely infallible, foot and tire print identification and ballistics have been the subject of considerable doubt. Many defendants have been convicted and spent countless years in prison based on evidence by arson experts who were later shown to be little better than witch doctors.
DNA evidence is infallible
DNA is a very powerful evidence in the legal field and when DNA is conducted properly trustfully, honestly by expert and trained professionals will invariably reach the correct result. But the result depends upon the variety of factors. The evidence must be gathered and preserved to avoid contamination. DNA testing should be conducted so that two samples being compared do not contaminate each other. So that examiner must be honest and competent. Because in a past number of scandals involving in DNA testing labs so that these conditions cannot be taken for granted and DNA evidence is only as good as the weakest link in the chain.
Human Memories are reliable
Human Memories is play important role in Advocacy when the opposite party asked and test about past event and incident about the case. In Human Memories accuracy depend upon initial perception and only the way of how memories are recorded, stored and retrieved. Human Memory maybe being a long time or short time its depend upon how we can initially perception way of recording. Human Memories recorded real experience that might be some time fade over time but could not be erased or distorted. Science tells that the mind only erases and distorts or embellishes memories, but it depends upon a variety of external factors that can affect how can memory store.
Psychologist Elizabeth Loftus research on a study group of people to test and identify about how memory can record. Loftus give some incident and asked how fast the cars were going and when they smashed each other the estimated speed of each is 6.5 Mph fast then Loftus asked how fast the cars were going when they hit each other. After one week later, Loftus asked in the group about the smash recalled even though there was none. Loftus state that when time pass there is a high possibility of memory that can erase or even manufacture false memories. In criminal trials, there are difficult to find the implications where witnesses are questioned by police and prosecutors before the defence gets to do so if ever. There are highly possible opportunity to alter, modify, and change, and manufacture the shape of memories to bring into line what happened. So that court cannot permit expert testimony on human memory.
Confessions are infallible because innocent people never confess
We already know that this is not true that Innocent people do confession with surprising regularity. There are variant of Stockholm syndrome and harsh interrogation tactics that the desire to end the ordeal, family consideration, and youth mindedness of the suspect, emotional and financial exhaustion of the suspect can be remarkable details confessions that later shown to be utterly false.
Juries follow instructions
So this is a presumption that we are elevated to the rule of law. We don’t know the operations of the juries when they said out questions or when the information we get is limited only we get some occasional glimpses. We know very little about the juries When juries decide case whether they follow the instruction ? can juries follow all the instructions ? can juries confuse or understand the instructions? we don’t know we can’t blindly believe that jury instructions constrain jury behaviour in all cases. Only experience can improve our knowledge.
Prosecutors play fair
Yes, Prosecutors play fair some times in trail that not means justice is not there. That Supreme Court has told to terms of prosecutor’s duty is that to do justice not to obtain a conviction. That it also had some specific rules about how prosecutors and people work for them. The prosecutor turn over to defence exculpatory evidence in the possession and the police. The prosecutor has to comply with this obligation fully.
Prosecution is at a substantial disadvantage because it must prove its case beyond a reasonable doubt
In our Judicial system juries are presumed that accused are innocent and the prosecution must prove the guilt beyond a reasonable doubt. Whether this instruction affects the average juror. Jurors can understand the concept of presumption?. do they understand that how presumption operate?. Do they assume that how to presume to remain in place until the evidence can be presented? Can jurors draw a distinction between proof & evidence for proof of clear and convincing evidence beyond the reasonable doubt.
The psychological research states that whoever makes the first assertion about something has a large advantage over everyone who denies it later. The tendency impact that old and young people have increased the longer time between assertion and denial. So always don’t keep silent otherwise it’s being presumed that incident is true.
The extent this psychological research is also applicable to trials. We believe that is assumed juries go about deciding cases by accurately remembering all the testimony and each piece of evidence in a linear fashion. That reality may be different juror think mentally picture and event about the event and then process procedure about the trial. The case longer take is heavily loaded in favour of which party can present case first.
Police are objective in their investigations
Police can have the power to investigate the case and police have discretion power about which witnesses to interview, what leads to pursue, what test and forensic tests to conduct and count, or countless is other aspects of the investigations. Police have more opportunity to destroy or manufacture the evidence, influence witnesses, extract confessions, and direct the investigation against the people they believe should be convicted.
Guilty pleas are conclusive proof of guilt
People including judges are thinking comfort that on overwhelming the number of criminal case are resolved by guilty plea rather than trial. Because whatever the imperfection and criminal charges process they believe that all washed away by fact defendant ultimately consents to a conviction. But this fails when the account of trend bringing multiple counts for a single incident because that has increased the risk of a life. Many defendants cannot plea guilt in practical matters tell their side of the case in the trial because they fear being convicted or other misconduct.
Long sentences deter crime
Long sentences imprisonment it is a very difficult situation and extremely hard on prisoners and cruel to their families, it is very difficult for a prisoner to re-integrate into his family and community after very long prison sentences.
Conclusion
Thus it is concluded that Reason to worry about our criminal justice from a prominent conservative federal judge we discuss Eyewitnesses are highly reliable, fingerprint evidence is foolproof, other types of Forensic evidence are scientifically proven and therefore infallible, DNA evidence is infallible, human Memories are reliable, confessions are infallible because innocent people never confess, juries follow instructions, prosecutors play fair, the prosecution is at a substantial disadvantage because it must prove its case beyond a reasonable doubt, police are objective in their investigations, guilty pleas are conclusive proof of guilt, long sentences deter crime.
References
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