'The law related to cases of mistaken identity illustrates a tension Essay

The law related to cases of foolish identity illustrates a latent hostility between calls for certainty and calls for fairness. Discuss - Essay ExampleIt may be argued that methods to find the truth ar non supplementary to each other and these should not be so, because there is nothing absolute. But at the same time mere insistence on any one of these methods could be disastrous. Cases as to mistaken identity, whatever the reason for the same may be, had resulted in number of convictions of innocent people in past and decisions of control panel on question of fact has been questioned. No doubt, there was a time when eye witness was the only source to prove an occurrence of crime as well as the identity of the criminal, merely today, it is not the case. DNA testing, audio visual aids, scientific investigatory gadgets like GPS etc. have provided additional complimentary tools to prove or unprove the guilt and these are attracting attention of jurists and law. The same is indicati ng a switch toward call for certainty rather than call for fairness in criminal procedures and establishment of guilt.Fairness implies that all rights of the criminate in connection with the trails are secured. Defendant is provided a fair chance to prove his innocence by defending himself and contradicting the evidences provided by the prosecution. It also indicates consistency in performance of law and non discriminatory attitude towards the parties. However, capacity of jury to make informed judgment about the fact of an incident and involvement of accused is largely dependant on evidence and its presentation by the attorneys on both sides. There might be all fairness on part of jury as it is based on proofs and testimonies of witnesses but can this fairness removes all the chances of wrong convictions? The answer is NO. There are always chances of wrong decisions and so wrong convictions. So should there be any step further towards ascertainment of facts? The answer is defin itely in affirmation.Fairness is not all about application of law and procedures in fair way, but also introduction of fair laws and procedures.