Earlier we advocated the abolition of compulsory testimonies by witnesses, because (eye) witness statements are too often unreliable. A particular type of testimony is hearsay (testimonium de auditu), which we will explain with an example: Continue reading Hearsay
Individuals, or natural persons in legal jargon, can commit crimes and hence can be prosecuted for crimes. Similarly many jurisdictions provide for the criminal prosecution of juristic persons, popularly known as “corporations”. The question might rise should the criminal prosecution of the government be possible? Continue reading On the criminal prosecution of the government
In the past criminal procedure relied upon confessions and witness statements. However with the progress of forensic science the need of such evidence has been declined. And even more important psychology learns us that human memory is anything but reliable. Continue reading Testimony
We propose that all evidence collected on a crime scene should be preserved by the police for at least a hundred years.
In any criminal court case there are two main questions:
- Is the suspect guilty as charged? and:
- Is so what should we do with him/her?