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WRONGFUL CONVICTION IN THE CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS
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WRONGFUL CONVICTION IN THE CRIMINAL JUSTICE SYSTEM: A
COMPREHENSIVE ANALYSIS
AUTHORED BY - VINAY TYAGI
Abstract
Wrongful
convictions have turned into an inescapable issue inside the Indian law
enforcement framework. Instances of innocent individuals being wrongly
prosecuted highlight a systemic problem where individuals are convicted at the
trial stage but later found not guilty upon appeal. Unfortunately, the lack of
a reliable tracking system by state officials makes it challenging to ascertain
the exact figures of wrongful convictions, leading to a deficiency in
certainty. This absence of data perpetuates a cycle of erroneous miscarriages
of justice, causing not only the loss of rights for the innocent but also
social alienation.
This grim
reality underscores a legal system where individuals suffer due to mistakes or
negligence by those in authority, jeopardizing human dignity, rights, and
liberty. The difficulty in calculating the frequency of such legal errors is
exacerbated by the fact that many sentences go uncorrected. Consequently, the
problem of wrongful conviction and prosecution has emerged as a pressing issue
that demands immediate attention. Addressing the state's culpability is crucial
to ensure justice for victims, either through fair trials or by providing
compensation.
The current
study focuses on instances of victimization as a substantial miscarriage of
justice, aiming to identify the factors contributing to this problem. The
proposed research paper adopts a doctrinal analysis approach, examining existing
provisions and case laws to explore various features of unfair
convictions inside the Indian general set of laws. The study's objective is to
assess the methods employed by the state to address wrongful convictions,
highlight present reforms under current laws, and underscore the necessity of
establishing a standardized legal laws for compensating victim of wrongful
convictions.
Introduction
Justice for all is the
cornerstone [1]on which the credibility
of any criminal justice depends. The incidence of wrongful convictions has serious
implications on the reliability and impartiality of judicial practices. The elaborate examination into wrongful prosecution
and the legal system. This piece
explores issues relating to the wrongful conviction as it is defined by factors
contributing to it, implications on individuals and society and calls for
reform in law.
A serious fault in the operation of the legal system involves the wrongful incarnation which are described as the convicting innocent persons with their falsely accused crimes. Such results do not only involve specific cases, but also serve to undermine the public’s confidence in the organs of justice. The following analysis seeks to shed light on various elements determining wrongful convictions as well as their far-reaching consequences for affected persons and society at large.
On this extensive expedition, we will explore different aspects of these unfortunate incidences such as causes, social impacts like people who have been erroneously sentenced, and structural problems to be addressed through reforms. Through examination of the causes and consequences of wrongful conviction, we aim to initiate an interrogative discourse regarding ways in which the criminal justice system may be reinforced with regard to assuring the innocent and guaranteeing that justice prevails throughout every dimension of criminal law procedure.
A serious fault in the operation of the legal system involves the wrongful incarnation which are described as the convicting innocent persons with their falsely accused crimes. Such results do not only involve specific cases, but also serve to undermine the public’s confidence in the organs of justice. The following analysis seeks to shed light on various elements determining wrongful convictions as well as their far-reaching consequences for affected persons and society at large.
On this extensive expedition, we will explore different aspects of these unfortunate incidences such as causes, social impacts like people who have been erroneously sentenced, and structural problems to be addressed through reforms. Through examination of the causes and consequences of wrongful conviction, we aim to initiate an interrogative discourse regarding ways in which the criminal justice system may be reinforced with regard to assuring the innocent and guaranteeing that justice prevails throughout every dimension of criminal law procedure.
METHODOLOGY
Statement of Research Problem
This study
involves a doctrinal examination of existing statutory provisions and judicial
precedents to analyze various aspects of Wrongful Conviction. The incidence of
wrongful incarceration is on the rise within the Indian Criminal Justice
system. Wrongful convictions occur when an individual is initially found guilty
but is later proven to be innocent. Wrongfully convicted individuals not only
endure coercion, torture, and forced confessions during police interrogations
but are also erroneously judged based on false grounds.
During this period of
detention, they have an extremely sad story of being victims. In addition, after their release, they suffer
rejection and social indifference. The aim of this study is to establish the reasons
behind such miscarriages of justice and examine possible reparation measures
for those innocent people who have been severely affected by these unfair
convictions.
OBJECTIVES
a) To examine
the repercussion of wrongful conviction on such innocent under trial prisoners.
b) To study
different provisions under constitution allowing victims of such wrongful
conviction to move to the court for remedies.
c) To study
various landmark judgment evolved by the supreme court regarding wrongful
conviction.
RESEARCH QUESTIONS
a) What are
the consequences and implication that arise from the wrongful conviction?
b) What are
the existing statutes by which state authorities can be punished or penalized
for its negligence?
c) Is there
any step taken by the state to overturn the harm suffered by the innocent?
MEANING OF WRONGFUL CONVICTION
Wrongful conviction is whereby an offender is wrongly
accused, charged, and sentenced upon committing a crime he or she never
committed. The person will later prove to be innocent either by new
evidence emerging, fresh insights in the previous evidence, or the culprit
confessing it themselves. Wrongful convictions are caused by a myriad of
problems within the criminal justice system such as faulty investigatory
techniques, false testimony, unethical behavior, and insufficient legal
aid. Once a decent person has been convicted for a crime he did not
commit, the person may later be exonerated; however, the results of these
mistakes could cause lifelong devastation and consequences to this particular
individual’s life.
Effect
Caused due to wrongful conviction
Wrongful
conviction can have reflective and extensive effects on individuals, society,
and the criminal justice system. Such effects [2]includes
as:
Personal Impact
a) Wrongfully
convicted person may spend years or even decades in prison for a crime they did
not commit, it leading to a loss of freedom and separation from family and
loved ones.
b) Even after
exoneration, the wrongly accused may face societal stigma, making it
challenging to reintegrate into their communities.
c) Wrongful
convictions can have devastating repercussions. The emotional and psychological
[3]trauma
people suffer includes serious anxiety, depression, and PTSD
Societal Impact
a) Wrongful
prosecution erode public confidence in the legal system, as they highlight
flaws in investigation, prosecution, and judicial processes.
b) True
perpetrators remain at large, potentially posing ongoing threats to society,
while an innocent person suffers the consequences.
Legal and Systematic impact
a) Wrongful
convictions can lead to high fiscal deficit for law enforcement agencies and
the legal system as a whole.
b) High-profile
cases of wrongful convictions often spark calls for criminal justice reforms,
including improvements in forensic methods, eyewitness identification procedures,
and legal safeguards.
Financial Impact
a) Governments
may be obligated to compensate wrongfully convicted individuals for the time
spent in prison, leading to financial burdens on the state.
b) Legal
battles to overturn wrongful convictions and seek compensation can incur
substantial legal costs.
Loss of Career Opportunity
a) Wrongful
convictions can lead to the loss of career opportunities, educational pursuits
due to the negligence of state and authority.
Family and Community Effects
a) The
wrongful conviction of an individual can cause significant distress and
disruption within their family.
b) People may
lose trust in the fairness of the justice system, it leads to breakdown in the
relationship between law enforcement and the public.
This
involves making appropriate corrections in the manner in which investigations
are conducted, the applicable legal procedures, and protections provided to the
accused in order to avoid the occurrence of miscarriage of justice. Some wrongful convictions have
happened in India, resulting in non-guilty persons being convicted. Nevertheless, an organized and efficient strategy
of tackling or preventing such cases is still lacking within the Indian
criminal justice system. Below are some landmark cases highlighting
this issue:
·
Hussainara
khatoon and others v. Home Assistant State of Bihar
In
this case the condition of under trial prisoners was highlighted in Bihar when
the writ of habeas corpus was filed in the Supreme Court. The Supreme Court of India held the right to a speedy
trial is a fundamental implied in Article 21. It
emphasized the need for a prompt and fair trial and ordered the release of
under trial prisoners who had been in detention for an unreasonable period.[4]
·
State v.
Saqib Rehman and others
In
this case Apex Court of India held that the victim who has been convicted
wrongfully due to negligence and fault of at the part of police who framed the
false evidence against such innocent. But no compensation was awarded to the
victim and the police was not punished for fabricating the false evidence. [5]
This
highlights the profound impact of errors made by state officials, illustrating
how such mistakes can devastate the life of an innocent individual. The
aforementioned cases underscore the urgent need for enhanced transparency and
accountability within the legal institutions of India. This means that the
state needs to assume an obligation (or pledge) of righting, or even
overturning these injustices. This
involves assisting them in the process of rehabilitation and reintegration into
society upon release. Additionally, there is a compelling need to provide
substantial monetary compensation to both the wrongly accused person and their
family.
Wrongful
Conviction and Human Right
Wrongful
Conviction are a significant violation of Human Rights. U.D.H.R 1948 enumerated
the concept of wrongful conviction. The incident of Wrongful Conviction is a violation
of human right of an individual. The first set
of human rights includes the right to a fair trial, and assuming an accused
person is innocent until proven otherwise and safeguarding an individual from
any form of unlawful imprisonment or being illegally seized and held in
captivity. When someone is wrongfully convicted, these fundamental
rights are compromised. The provisions
of declaration of human rights are laid down in the ICCPR and the Indian
constitution.
1.
The ICCPR, 1976 enables people to enjoy wide range of
human rights relating to:
a)
Right to Fair Trial
b)
Protection from torture, cruelty, inhuman and degrading
treatment
c)
Right to privacy
d)
Right to liberty and security [6]
2.
The Constitution of India provide definite rights associated
to wrongful conviction:
a)
Article 21 which states as “No person shall be deprived of his life or personal liberty except
according to procedure established by law”
b)
Article 22
which states as “Provides protection to
individual from illegal arrest and detention in certain cases”[7]
The rights
assured by the Constitution of India and the International Covenant on Civil
and Political Rights (ICCPR) are essentially declarative, lacking effective
mechanisms for enforcement when it comes to individuals wrongfully convicted.
This deficiency accentuates the need for the establishment of special
provisions, legal machineries, or procedural safeguards specifically addressing
the protection of innocent individuals erroneously detained, be it due to
insufficient evidence, witness hostility, or other circumstances causing them
to bear the consequences of a crime committed by another party.
Case Laws related to wrongful conviction:
·
Rudul Sah Vs. State of Bihar 1983 in this
landmark case, the Supreme court of India highlightens the importance of right
to speedy trial as a fundamental right under Article 21 of Constitution of
India. The court held that prolonged conviction without speedy trial would
violates the right to freedom of life and liberty. [8]
·
State of Haryana Vs. Ram Mehar 1994 the case emphasized the significance of fair
trial rights. The Supreme Court of India held that fair trial includes the
right to have a lawyer during the Test Identification Parade to ensure the proper defense and avoid the
unfair trial.
·
In the case of Ram Lakhan Singh v. State Govt. of UP the courts possess inherent authority to
mandate state officials to provide a sufficient amount of compensation to the
wrongly accused individual. This compensation serves the purpose of aiding the
innocent party in their rehabilitation, recognizing that wrongful conviction
constitutes a clear infringement on the individual's fundamental and legal
rights.[9]
·
In the case of Sube Singh v. State of Haryana it was determined that monetary compensation
would not be universally granted in instances of the violation of the
"Right to life and personal liberty." Although the petitioners
insisted on receiving appropriate compensations, the court failed to determine
any violations committed against them and denied their claim. The court found
that the evidence provided was insufficient to establish these accusations.[10]
Remedies available against Wrongful
Conviction
a)
Appeal Process
The majority of appellate motions
are directed at challenging the conviction. If the convicted person or his
agents are not satisfied with the verdict of the former court, they may take
the case to the High Court or in some countries where this is applicable, the
Supreme Court for revision of the conviction.
b)
Review Petition
The victim of wrongful incarnation
can file a review petition before the same court that delivered the judgment,
seeking a review of the decision. This is generally based on specific grounds,
such as the discovery of new evidence or errors in the application of law.
c)
Writ of Habeas Corpus
If the wrongful conviction involves
illegal detention Habeas Corpus can be filed. This writ is to secure a person
who is unlawfully detained.
d)
Compensation under Article 32 and 226
Constitution of India allows
individuals to approach the courts for the enforcement of their fundamental
rights under Article 32(Supreme Court) or Article 226 (High Court). This
includes seeking compensation for wrongful convictions.
e)
National Human Right Commission
Victims of wrongful convictions can
approach the NHRC, which has the authority to inquire into allegations of human
rights violations and recommend compensation or other appropriate actions.
f)
Criminal Procedure Code
Amendment in Criminal Procedure
code may sought to be introduce safeguards against the wrongful conviction,
enhances forensic practices, and improve overall the criminal justice system.
Key factors which are leading to
wrongful conviction
a)
Forceful confession: People may
confess to the crime they did not commit under coercion, intimidation &
mental pressure. False confession can have a significant impact in court even
if late on they proven to be untrustworthy.
b)
Wrong identification of witness: Wrong
identification is a leading cause of wrongful incarnation. The use of weapons
or cross identification can contributes to errors in witness testimony.
c)
Inadequacy: Due to inadequate legal
representative some individuals may be convicted wrongfully. This can include
lack of resources, inexperienced defense attorney or failure of investigation.
d)
Forensic Evidence: Faulty
forensic techniques can lead to wrongful conviction due to inaccurate or
misinterpreted forensic evidence. Methods which was used previously &
considered reliable not have persuasive help nowadays due to advance forensic
science.
e)
Police Misconduct:
Misconduct by lawful authority, such as tampering with evidence, threatening
witnesses, conduct partial investigation, can result in the wrongful Conviction
of innocent person.
f)
Jailor Information:
Reliability on testimony from jailhouse informants or incentivized witnesses
who receive benefits in exchange for their statements can contribute to false
accusations and wrongful convictions.
g)
Inadequate Expert Testimony: Courts may
rely on expert witnesses whose testimony lacks scientific rigor or is based on
outdated methodologies. This can result in the admission of unreliable evidence
and contribute to wrongful convictions.
h)
Tunnel Vision: Tunnel Vision arises when
investigators give more importance to a particular suspect early in the
investigation, ignoring or rejecting evidence that may exonerate other
individuals. This narrow investigation can lead to Wrongful Incarnation of
innocent person.
i)
Limited of access to DNA testing: Access to
DNA testing is limited now especially in cases where physical evidence is
available, can prevent the identification of the true perpetrator and results
in the Wrongful Conviction of innocent person. [11]
Conclusion
and Suggestions
The
wrongful prosecution or conviction is becoming more predominant, resulting in
an erroneous miscarriage of justice. A victim during the imprisonment losses
his crucial time due to the negligence of state and authorities and suffer for
the crime he did not committed. This not only effect the innocent person but
also his family. Wrongful conviction may leads to mental and physical health
injury followed with social negligence and criticism by the society. Due to the
negligence of state the victim of wrongful conviction turns into a cynical
criminal due to wretched condition of prison and people losses faith in legal
system, but at the same time judiciary has declared various landmark judgments
in favor of wrongful prosecuted person. But the decision to award what amount
of compensation is still discretion of the court.
a)
As already discussed above the need to award
compensation to the victim is there nut such compensation is inadequate. The
state and authority should set an adequate amount of compensation and it should
be provided within specific time limit otherwise it leads to another problem
for victim and their family. State should provide compensation to the wrongful
convicted person for the time spent in the jail.
b)
The state should take necessary measures in conducting
counseling programs after the release of the victim which helps him to overcome
the emotional and psychological impact of the wrongful conviction.
c)
Due to negligence of state and authority victim lost
his career opportunities, the state should contribute to provide them housing,
education and employment facilities to rebuild their life after release and it
would be help them to support their families.
d)
As every criminal is subject to criticism which always
keeps him under the guilt. But in case of wrongful conviction the life of the
victim becomes much more harder other than habitual offender as they have to
face the social negligence, therefore state should make an announcement
publicly that the victim is innocent and was wrongfully convicted and express
the regret injustice he suffered.
e)
State should implement the statutory provisions to
prevent the similar miscarriage of justice in future and set up impartial
committees.
In the
conclusion the issue of wrongful conviction is a clear reality that features
the flaws within our legal system. Through an examples of case laws, factors
and the consequences faced by the victims it clearly shows that systematic
flaws, prosecutorial misconduct, false confession, improper investigation can
lead to miscarriage of justice.
In the end
the fight against the wrongful conviction is not just about victim, it is a
call to uphold the principles that substructure of our legal system. Principle
that demand by the public is accuracy, fairness, justice and the protection of
individual liberties.
[1] https://uniquewritersbay.com/wrongful-convictions-and-how-they-affect-the-criminal-justice-system
[2] https://nij.ojp.gov/topics/articles/addressing-impact-wrongful-convictions-crime-victims
[3] https://www.michiganstatelawreview.org/vol-2021-2022/2022/4/25/the-psychological-consequences-of-a-wrongful-conviction-and-how-compensation-statutes-can-mitigate-the-harms
[4] https://www.the420lawyer.com/marijuana-defense/unreasonable-detention-time/
[5] https://janet-panic.com/what-is-the-brady-list-law-enforcement/
[6] https://hrissues.webnode.page/news/wrongful-convictions/
[7] Constitution of India
[8] https://blog.ipleaders.in/rududl-sah-v-state-bihar-1983-case-study/
[9] https://lawyer.ikan.info/legal-rights-and-responsibilities/
[10] https://legalserviceindia.com/legal/legal/article-6774-case-analysis-satbir-singh-v-state-of-haryana.html
[11] https://criminal-justice.iresearchnet.com/criminal-justice-system/wrongful-convictions/
Article Information
WRONGFUL CONVICTION IN THE CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS
Authors: VINAY TYAGI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/12/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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