Hari's Corner
Humour, comics, tech, law, software, reviews, essays, articles and HOWTOs intermingled with random philosophy now and thenCriminal jurisprudence and the presumption of innocence
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People and society by
Hari
Posted on Thu, Sep 3, 2009 at 20:38 IST (last updated: Thu, Sep 3, 2009 @ 20:44 IST)
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It's a very simple concept - but one that can be easily forgotten in a highly emotional and controversial case. Nevertheless almost every system of Law in democratic States guarantees the protection of the right of life and liberty to every individual and such a fundamental right must absolutely not be taken away without due process of law. And this is the basis of the "innocent until proven guilty" principle of criminal jurisprudence. Almost every system of law adheres to this in theory, but the application and measure of proof required varies and sometimes this general rule has special exceptions.
Why do we need this safeguard? Some will argue that in many cases, it might be impossible to prove a case in Law, however loudly the facts might speak for themselves. Isn't it equally unjust that a plainly guilty man be set free because of lack of evidence? That is absolutely true, but perfect justice has never existed in human administered law. The best answer is that when it comes to a choice of evils, it's better that on occasion the injustice that some guilty people be allowed to go free is preferred in order to prevent the injustice of an innocent person being deprived of liberty, reputation and practically life where imprisonment is for a number of years.
I believe that it's increasingly important to bear this in mind because trial by media (both the mainstream and online media) has become increasingly common these days especially in high-profile cases. An accused is assumed to be guilty and discussed as a criminal even before a verdict from a competent court. It's easy for lay people (and even some lawyers) to be swayed by strong public opinion which replaces fact with emotion and solid evidence with unreliable hearsay. The reason that any system of Law establishes procedures of investigation and laws of evidence is to prevent arbitrary application of justice and to give every accused the opportunity to refute the charges against him/her. Audi alteram partem (hear the other side) is inherent in administration of justice. It would be absurd to argue that every accused person must be guilty, otherwise he/she wouldn't be in the dock. Even in the fairest and most transparent systems of law, innocent people can and do get entangled in criminal cases.
If this principle is abandoned on any account, then there is a real danger that any system of criminal law will degenerate into a farce and criminal trials become little more than a formality as in a police state. It is important that the law, especially criminal law should be consistent and fair even at the cost of being slightly inefficient.
It might appear that I am a staunch human rights advocate after reading this, but actually this is nothing more than a pragmatic approach to a civilized democratic society. I think it's very important that people should be aware of their rights and be prepared to stand up for them, unemotionally and rationally. Knowledge is power.
In this series
- Why Contempt of Court ought not be diluted or removed
- In favour of retaining criminal defamation laws
- Supreme Court upholds freedom of speech
- The slippery slope of "Justice"
- The concept of preliminary objections in Law
- The Art of being in Two Places at once
- Interpreting Law and its pitfalls
- Drafting legal pleadings - an overview
- The art of drafting contracts
- Two methods of learning in the legal profession
- பாரம்பரிய அறிவும், அறிவுசார் சொத்துரிமைச் சட்டமும்
- வீண் பேச்சால் விபரீதம்
- Law and paperwork go together like bread and butter
- ஒரு வழக்கை நடத்துவதற்கு ஏன் வழக்கறிஞர் தேவை?
- The 3 Ds of the legal profession
- Is occasional swift justice a failure of law?
- Contempt of Court - an overview
- Chemical pollution caused by industries: why they invite heavy sanctions
- Business law - the most boring aspect of law
- Legal ethics: how can a lawyer defend the guilty?
- Criminal jurisprudence and the presumption of innocence
- Is tolerance a legal virtue?
- Road accident cases - how to deal with emergencies
- Blogging in anger and its legal implications
- Common wrong assumptions by amateur internet "lawyers"
- On Legal Opinions
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3 comment(s)
Comment by Dan (visitor) on Mon, Sep 21, 2009 @ 06:39 IST #
My point is that even after conviction, a prisoner cannot be charged any rent because his stay in prison is involuntary and forcible however legal it might be. The State must bear the cost of housing prisoners.
I also don't think that at any point the State can abdicate its responsibility when it comes to judicial functions and hand over the responsibility to private parties either.
Comment by Hari (blog owner) on Mon, Sep 21, 2009 @ 08:28 IST #
Comment by Van Nuys (visitor) on Thu, Jan 6, 2011 @ 08:10 IST #