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[personal profile] andrewducker

Date: 2011-11-21 10:24 am (UTC)
From: [identity profile] danieldwilliam.livejournal.com
Partly it’s a result of brainwashing and partly the result of becoming comfortable with the status quo.

The “real” bit of discomfort comes from this. Where there is a choice between making things easier or harder for the state to convict people of a crime I tend to prefer that it is more difficult. I think there is a reduced risk of abuse of the criminal system where some corroboration is required. By abuse I mean the (very rare in our country) systematic use of the criminal justice system to quash political dissent and the (more common) circumvention of the system by the police or witnesses.

I’m sceptical of any desire on the part of the state to make it easier to lock people up. If there are problems convicting guilty people of crimes (and I accept that there are problems for a number of classes of crime) I’d like to see the state’s first response to be improving the gathering, storage, interrogation and presentation of evidence rather than reducing the evidential bar.

I accept that there are guilty people who will not be convicted as a result of the rules on corroboration and that some of these people will have committed very bad crimes. I think the situation where we have no rules on corroboration is that slightly more innocent people will be fitted up. On balance I’d rather the guilty went free rather than the innocent went to prison and we had a system that was marginally less able to be used for state (or corporate) oppression.

Corroboration takes a situation where it is one person’s word against another and gives an extra piece of data which the jury can use to validate one of two contradictory statements.

Without corroboration one can be convicted purely on the grounds of a confession or purely on the grounds of a single eye witness – both of these methods have significant known flaws.

The standard for corroboration is pretty low. IIRC it can be something as someone looking a little shaky after an alleged assault.

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