Law of Evidence Essay Example | Topics and Well Written Essays - 2500 words

Law of Evidence - Essay Example This has to be done through the finding of credible evidence that proves beyond doubt that the accused person is indeed guilty. The decisions that have been made in recent years where there has been no sufficient proof from the prosecution to show that the accused individual is guilty of the crime committed have been influenced by the one golden thread rule. While this rule is still one of the most paramount in the justice system, it has come to be put aside in many cases because of the fact that many of the courts have been under immense pressure to get rid of a many cases as possible in the shortest time available. This has ensured that the quality of the evidence provided in court before a verdict was reached has been eroded. Because of this, it can be said that some of the individuals who have gone through the English justice system and have been found guilty may indeed have been sentenced falsely. If this is the case, then the gravest violation of justice by the courts may have taken place and more needs to be done to ensure that such gaps in the criminal justice system are sealed to help boost public confidence in it. ... Instead, it has been declared that it is a means through which the truth can be found, despite the fact that the truth is something that can be considered to be relative. The truth according to one individual may not necessarily be so to another and this has led to the almost total disregard for the correct and thorough examination of the evidence at hand. Judges, who are supposed to be impartial referees, have come to be directly involved in the cases because of the pressure that has been put on them to show as many results as possible; disregarding the fact that the judges have to be impartial in order to perform best. One of the biggest failures of the criminal justice system has been the absolute absence of any meaningful sanction for its failure to meet schedules.2 In addition, this lack of sanction also extends to the failure to make proper disclosure and to ensure that all the witnesses named appear at court. One would go as far as to state that the definition of finding the t ruth, according to the criminal justice system is not the seeking of the answers concerning the case, but has in reality turned into a bid to ensure the securing of a conviction as speedily and as cheaply as possible. The need for speed as well as the reduction of the expenses of the trials, while seen as being economical is among the reasons why the criminal justice system is failing to deliver justice as it should. An example of this scenario is the Woolmington case where at the trial the judge informed the jury that if it was convinced that Woolmington killed his wife, then it was up to Woolmington himself to convince the jury that the shooting was an accident. When Woolmington gave evidence, he admitted to shooting his wife but said