The constitutional rights of a criminal suspect

Abstract

The process which leads a person accused of a criminal offence to the height of his ordeal, that is the trial, has its origin much earlier than when he stands in bar. It is precisely when the Police, upon the notification that an offence has been committed, start their inquiries to collect the evidence against the offender, on which the case for the prosecution will later be founded. It is at this stage perhaps more than in any other, that the criminal suspect should be accorded the protection of safeguards. The Police, being part of the executive branch of government, stand in a different position from the Judiciary. Notwithstanding that their efforts should be directed solely towards the detection of offences and the conviction of offenders, an excess of public spirit and mistaken zeal may unconsciously lead to the adoption by them of methods which, whatever the good faith that lies in them, may produce a distorted picture to those who have to judge. This may produce a perverse result and bring about the conviction of innocent persons. This is not to imply that such undesirable zealousness is a common occurrence, but the provision of safeguards will ensure that where there is the danger of its existence, it will be kept in check.