Circumstantial evidence for a conviction

Abstract

Each one of us, unknowingly, uses circumstantial evidence to reach important conclusions and to make fundamental decisions. The same process of inductive thinking has to be applied to criminal investigations and trials, under any system. Circumstantial evidence is truly indispensable. This is dealt with in the first chapter of this thesis. The role of such evidence is highlighted, with all the possible circumspection that one has to exercise in the evaluation of circumstantial facts. A comparative analysis between English, Italian, American and Maltese Law is essential to put the subject matter in perspective. The Second Chapter deals with the juridical nature of circumstantial evidence. To what extent, and under what conditions, should it be relied upon for a conviction? An extensive examination of the modern methods of investigation and scientific proof is covered in the third chapter. Although this subject could be a thesis by itself, an attempt has been made to highlight the modern developments in this field. The developments in other countries, such as behavioural sciences, DNA fingerprinting and the setup of an independent forensic laboratory are examined. The main idea is to influence the setting up of a truly independent and efficient system, where science can be convincing in a trial court, without ,however, usurping the decision making process of the trial. If circumstantial evidence is important to prove facts, certainly it is indispensable when the intentions of man are to be examined. To prove the mens rea of an individual in the commission of an offence, that proof can only come from attendant facts and circumstances, unless he himself admits to having that particular intention. Circumstantial evidence is important to establish whether the person charged was insane at the time of the commission of the offence. There are no mechanical gauges to assess such a situation, and evidence of circumstances is absolutely important. The fifth and final chapter is dedicated to a critique of aspects of the present system of the law and its practical application. Although the thesis, as it moves along, underlines aspects which should be modified, the final chapter makes addition suggestions about amendments to the laws, and regarding the preservation and conservation of documents and material evidence which have to be produced in court during a trial. Technological developments should be harnessed to make that necessary leap to the standards attained in other countries. The object should be that circumstantial evidence, assisted by science and technology, should be a truly reliable tool to obtain a conviction, not at all costs, but according to true justice.