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Should anyone be guilty by accusation

by Stella Kaye

Created on: June 03, 2008   Last Updated: February 16, 2009

HOW FALSE ACCUSATIONS CONVICT THE INNOCENT

In a fair and just society it should not be possible for a defendant to be convicted purely by accusation but sadly this can and does happen rather more frequently that most members of the British public care to realise. It is a common occurrence in America too.

The Criminal Justice System is held in high regard by most UK citizens and is still viewed as one of the finest in the world but it is being abused by malicious liars who bring false allegations to court in the same way as some people make fraudulent claims on their insurance. But in cases such as these, the monetary gain succeeds in destroying the lives of innocent people, sometimes causing them to be incarcerated indefinitely. This is no overstatement; due to the introduction of the absurd Indeterminate Sentence for Public Protection in 2005 it is possible to be imprisoned for up to 99 years even if you are an innocent person, falsely accused.

Currently in the UK our prisons are full to overflowing and the number of wrongly convicted prisoners needs to be drastically reduced. There is very little opportunity for the innocent to overturn the decision of the court and right the wrongs that have been done to them once their trial is over. Recently in the UK, legal funding for appeals has been reduced even further so these unfortunate victims of an imperfect justice system are left with no realistic hope of release.

It should be made impossible for a person to be convicted when the only "Evidence" that an offence was actually committed is based on the accusations of others. But at present it is quite possible for juries to convict when there is no proper factual evidence such as a body in the case of a murder or DNA evidence in the case of a rape. The only "Proof" of the defendant's guilt is sometimes the lies and vindictive corroboration of people who bear grudges against the accused and are abusing the power of the state to convict an innocent citizen.

The Jury only have to be convinced by the prosecution that the defendant is guilty and if they believe what is placed before them "Beyond all reasonable doubt" then a conviction is guaranteed. The Jury are more than willing to go along with the lies of many rather than the truth of few. This is especially true in cases of alleged sexual offences against children when quite often the mere implication that this may have occurred is enough to swing the jury in favour of a conviction.

Judges in cases of this nature should

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