Sunday, December 13, 2009

Worth of a Criminal


'Better 10 Guilty Men go FREE than to CONVICT a single Innocent Man'

This is the root principle that the judicial systems follow around the world. It was first expressed by Abraham Lincoln, and has been echoed by other notable persons like Benjamin Franklin. Even in India, the Indian court of law states that an accused has to be proved guilty beyond reasonable doubt to be convicted. This "reasonable doubt" is where most people try to take advantage, of its subjectivity and complexity.

People with connections and power are 'misusing' this constraint and this is also one of the primary reasons for the long court rulings and backlogged cases. Subsequently, there is innocent people's loss of interest and faith in the judiciary system and poor man's monetary inability to fight long cases and lack of mental strength to sustain the duration. Circumstantial evidences and situations further complicate the tangled up cases.

It would be however unfair to the judges to be tagged along the same lines. Among the most intelligent and sharpest brains in the country, it is only understandable to be handed the fate of people, into their power. The judgement, blindfolded against all biases, has to be of utmost rationality and from a neutral perspective oblivious to all emotions and considerations involved. The cornerstone followed is important to keep the faith of the innocent, to make sure that the Right doesn't go the Wrong way.

The rules seem perfect, principles on virtuous path and actions based on considerations. But when it strikes a blow on the same entity it is trying to protect, faith, voices start coming out, mixture of retaliation and resignation creep up and people start having second thoughts, opining about having amends. Every major trial brings up the same complaints of having a slow judiciary system; and inefficient.

Suppose, you knew that an accused is innocent, but he is going to be charged guilty. And if you have an option of saving him, only at the cost of letting 100 criminals, the most dangerous and treacherous you can imagine go free from prisons....will you save him? Are the damages that can be caused by the would-be-acquitted person taken into account while following this principle?

But, is a quick fix judgement the right solution, or atleast an optimal solution? The despair of supposedly “criminals” being acquitted does not amount the desperation of an innocent standing in the box, falsely accused, and the relief and hope of the innocent freed of charge. It is for that one person’s faith; the belief that you will not get unfair treatment. Maybe the process slows down; maybe too many people walk free, maybe the crime rate increases but the righteous cannot be bogged down. The solution is freeing the principles, but other measures to quicken up process and bringing up transparency which do not compromise but only improvise. Even in school and college days, we walk away with petty cheatings and ‘crimes’ feeling happy and satisfied, and feel jealous of the persons, and their courage, who get away with unfair actions. But nothing compares to the rage and fury of being caught in something which we did not do, or being falsely trapped into some misconduct. That is why it is important to uphold the values; because the Apex of the nation cannot be slanted, the life of a person cannot be left to chance and some people's wrongdoings cannot be allowed to affect the destiny of the innocent. We can live with the missed opportunity of the criminals acquitted, but not with the burden of guilt of charged innocents.

2 comments:

  1. 'nothing compares to the rage and fury of being caught in something which we did not do, or being falsely trapped into some misconduct'- well said. very true.

    cheers!

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