Court judgments (2)
In our legal history, especially the recent one, several persons accused of a crime were declared innocent after going through the ordeal and psychological torture of having their case pending in our courts of justice. It would be worth reminding that...
In our legal history, especially the recent one, several persons accused of a crime were declared innocent after going through the ordeal and psychological torture of having their case pending in our courts of justice. It would be worth reminding that the courts are of justice, and not where the law is applied. There is a significant distinction in the words.
Accused would either be declared innocent because of lack of proof against them, either because of lack of preparation by the prosecution or because there would have supposed to have been reasonable doubt.
One must say that the onus is on the prosecution, however when this onus is not carried well, it is the accused who is eventually the victim.
As a solution to this I find it only reasonably fair that prosecuting officers who fail to produce hard evidence, or even charge a person capriciously, as this also might happen, should be personally sued for real, moral and punitive damages. In civilised countries like the US these damages amount to millions of dollars and it is only fair that this principle is introduced in our legal system. This would put an end to proceedings based on assumptions and it would only be fair on the eventual victim, that is the accused.