Criminal Procedures: The Innocent Man
The pinnacle of criminal procedures is to align to the adjudication of one’s country in enforcing its criminal law. Albeit the differences of judicial system of a country depends on the kind of governance a country adopts such as monocracy, geniocracy, ethnocracy or others, one may deem guilty until proven innocent or innocent until proven guilty. Nonetheless, the kind of government that is prevalently practice in most countries of the world is democracy. In democratic countries, the latter is opted and acts as a foundation principle of criminal procedures. The constitutional prerequisites set forth by these democratic countries entails the presumption of innocence is a cornerstone of its legal system, hence, all is innocent till the prosecution affirmatively proves one violated the criminal act of the country.
Countries that are not democratic may imbue the concept of guilty until proven innocent. An exemplary to elucidate was Burma. Personnel apprehend during the criminal procedures were deemed guilty until proven innocent. Incontrovertibly, this may lead to a flawed criminal justice system where an innocent may be implicated for a crime not committed. However, akin to countries which were once dominated by non-democracy governance such as Burma has became a democracy country in today’s era. Despite the solidification sanction of a democratic country’s criminal procedures, is the fundamental principle of innocent until proven guilty prevails. Though hypothetical, this leads one to ponder about.
To accentuate an exemplary, is the ongoing appeal case of murder of two British backpackers by Burmese migrant workers namely Zaw Lin and Wai Phyo who had been charged of murdering on the island of Koh Tao, Thailand on 15 September 2014. The criminal procedures revealed the Burmese duos initially confessed but recanted their confession after alleged they had been beaten, scalded with boiling water and threatened with death by their interrogators. Addendum, lawyers representing Burmese migrant workers were given a week only to present their defense case and without any access to the prosecution evidence. The defense argument the duo’s DNA was not present on the alleged murder weapon and criminal procedures have been mishandled by police. The prosecutor charged the duo with sentenced to death as the DNA collected from cigarette butts close to the scene did match the accused. Case currently on appeal on grounds that prosecutor did not prove beyond doubt the main charges.
A flawed criminal justice system can vice versa implicate an innocent or allow the culprit scot free. Hence, it is imperative to prevail the truth by having a just criminal procedure to ensure triumph to the innocence.