Ethical Issues In Criminal Law
I. Introduction
Ethical issues in criminal law refer to moral dilemmas and principles that arise in the investigation, prosecution, defense, and adjudication of criminal cases. These issues challenge the fairness, justice, and integrity of the criminal justice system.
Key ethical issues include:
Police misconduct and abuse of power
Right to a fair trial
Disclosure of evidence
Attorney-client confidentiality
Use of coercion or torture
Presumption of innocence and burden of proof
II. Detailed Explanation with Case Laws
1. State of Uttar Pradesh v. Rajesh Gautam (2003) 10 SCC 127
Facts:
The accused alleged police torture to extract confession.
The issue was whether the confession could be admitted if extracted under duress.
Judgment:
Supreme Court held that a confession made under coercion or torture is inadmissible.
It emphasized police ethics in avoiding torture or illegal methods to secure evidence.
Courts have a duty to protect the fundamental rights of the accused, including protection against cruel treatment.
Ethical Issue:
Police misconduct in evidence collection.
Upholding the right against self-incrimination and humane treatment.
2. K.K. Verma v. Union of India AIR 1964 SC 179
Facts:
The issue was the ethical duty of prosecutors to disclose all evidence, including that favorable to the accused.
Judgment:
The Supreme Court stressed the ethical obligation of the prosecution to ensure fair trial.
Prosecutors must not suppress evidence that could prove innocence.
The principle of fair play is fundamental to criminal justice.
Ethical Issue:
Prosecutorial misconduct through non-disclosure.
Ensuring due process and fairness in criminal proceedings.
3. Mohd. Ajmal Amir Kasab v. State of Maharashtra (2012) 9 SCC 1
Facts:
Kasab was the lone surviving terrorist of the 26/11 Mumbai attacks.
Ethical concerns arose about the fair trial, media trial, and death penalty.
Judgment:
Supreme Court upheld the conviction but emphasized strict adherence to due process.
Highlighted the importance of presumption of innocence until proven guilty.
The Court cautioned against media prejudicing the trial and violating ethical standards.
Ethical Issue:
Balancing public outrage and fair trial rights.
Maintaining judicial impartiality amidst intense media scrutiny.
4. D.K. Basu v. State of West Bengal AIR 1997 SC 610
Facts:
The case dealt with custodial deaths and police excesses.
Guidelines were laid down to prevent police abuse during arrests and custody.
Judgment:
Supreme Court issued detailed directions to police on ethical conduct.
These included informing relatives of arrest, medical examination, and prohibition of torture.
The Court emphasized police accountability and respect for human dignity.
Ethical Issue:
Police responsibility to uphold human rights.
Preventing custodial torture and death.
5. Laxman Ustad v. State of Maharashtra AIR 1979 SC 185
Facts:
This case discussed the ethical issue of conflicts of interest for defense lawyers.
Whether a lawyer can represent conflicting parties.
Judgment:
Supreme Court held that lawyers must maintain professional ethics and avoid conflicts of interest.
The integrity of defense counsel is crucial for a fair trial.
Breach of confidentiality or conflicting representation vitiates the justice process.
Ethical Issue:
Attorney-client confidentiality and professional responsibility.
Maintaining the trust and fairness in legal defense.
III. Conclusion
Ethical issues in criminal law are fundamental to ensuring justice, fairness, and protection of human rights. The courts have repeatedly emphasized:
Protection against police abuse and torture.
Fair trial standards including disclosure of evidence.
Maintaining judicial impartiality despite external pressures.
Upholding lawyer’s ethical duties.
Guaranteeing respect for human dignity and fundamental rights.
These cases collectively strengthen the moral foundations of the criminal justice system.
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