NCJ Number
248059
Journal
Southern California Law Review Volume: 87 Dated: 2014 Pages: 421-458
Date Published
2014
Length
38 pages
Annotation
This opening article of a Symposium on Criminal Law at the Crossroads explains how the factors that currently undermine the accuracy of the criminal justice process tend to exacerbate one another, thus hindering a just and accurate outcome.
Abstract
Investigators who do not follow best practice are least likely to document their investigation, and investigators who do not record their work are least inclined to adhere to recommended investigative procedures. Evidence that investigators produce from shoddy work is more likely to cause prosecutors to over-charge and motivate defense attorneys to raise frivolous arguments. The adversarial structure of the process thus becomes a hindrance to the search for truth. Baseless defense claims are encouraged, and aggressive cross-examination of prosecution witnesses reflects little concern for the accuracy of the core elements of the testimony. Police officers who observe and experience such cross-examination tend to become allies of the prosecutor, which tends to undermine objective investigative work. On the other hand, cases that have been constructed with thorough and accurate information and forensic analysis will be more likely to foster a clear focus on the evidence presented and minimize the influence of an implausible defense interpretation of the evidence. 210 notes