Abstract
Truth is the moral fabric of any society. It is one of the ethical principles that is highly advocated for by ethicists and in most morally upright societies. One of the institutions that is tasked with enforcing this ethical principle is the criminal justice system. While the courts demand that individuals stick to the truth, there are cases where the truth has been withheld either by police officers prosecuting the case or witnesses. A lie by either the two actors denies the courts the opportunity to give a fair and just verdict. It is even worse when police officers who swore to protect the moral fabric of our societies are the ones lying. As law enforcers, police should ensure that they undertake their responsibilities with utmost honesty and truthfulness. Unfortunately, on various occasions, police officers have been accused of lying while prosecuting cases in some of the criminal justice syste
Police officers who lie jeopardize the entire criminal justice process. It is an obstruction of justice for a prosecutor to lie about the details of a case as it changes the course that a case ought to take and denies both the victims and offenders the justice they deserve. Unfortunately, most criminal justice systems have not put in place measures to ensure that the ethics of truth are adhered to both by police officers and witnesses in a case. If a police officer lies about the details of a case, in most cases, offenders suffer the consequences of these lies as they are more likely to end up being tried and convicted unfairly. Most criminal justice systems seem to trust that police officers tell the truth, and they go by their word when prosecuting a case. However, just like any other person, a police officer may be tempted to lie, especially in cases implicating them as being part of an offense committed. Since the criminal justice system believes in them, they easily get away with the lies. Now, imagine a criminal justice system where police officers who are found guilty of lying are terminated from serving as state officers. Would it not be fair for both the victims and offenders as well as the entire criminal justice system?
the effects of lying by police officers
In the landmark ruling in the Brady v. Maryland case of 1963, the effects of lying by police officers had been thwarted, and justice suffered to the convict. In this case, John Leo Brady had been sentenced death alongside his accomplice Donald Boblit for a murder the two committed (Charles, 2017). However, a cross-examination of the evidence by the Supreme Court identified a lapse in the prosecution’s handling of the case. During the hearing of the case, the prosecution had sidelined critical information detailing how Boblit had admitted he was the one responsible for the actual act of killing and that although Brady was part of it, he did commit the murder. The Supreme Court ruling held that withholding such crucial evidence jeopardized the case entirely(DeValve, 2015). Although the evidence does not change the fact that Brady was an accomplice in the murder, it determines the kind of punishment he was to receive. In this case, lies by the prosecution obstructed the provision of justice to Brady.
On the other hand, the case of Giglio v. the United States reveals yet another case where justice was obstructed through lies by law enforcement. In the 1972 case, the Supreme Court had found the prosecution liable for failing to inform the jury that one of the witnesses in the case had been offered a favor to lie in exchange for freedom from prosecution. In the ruling, the Supreme Court pointed out that the act of influencing the witness to testify in a certain manner influenced the final decision on the case; hence the case was not fair and just. The prosecution was found to be responsible for deliberately deceiving the trial court by presenting falsified evidence to the jury for prosecution (Charles, 2017). In this case, the court had ruled based on lies perpetuated by the prosecution. According to the Supreme Court, it does not matter the intent of the deception whether the prosecution lied to the jury intentionally or unintentionally, any act of deception is considered a violation of the due process of justice.
In both Supreme Court Cases, it is evident that lies by the prosecution can jeopardize a case and lead to a denial of justice for both offenders and victims. Furthermore, the Supreme Court’s ruling on Giglio’s case proves that it does not matter whether lying is intentional or unintentional; a lie is a lie (Petro & Petro, 2015). This is because, in both cases, lies by the prosecution influenced the course that the case took and the decision that the jury made on the case. Therefore, no matter the intent that the prosecution had in mind, the fact that the case was prosecuted on the premise of lies discredits the entire justice process.
Borrowing from the two cases, terminating the service of police officers found responsible for lying would be the most prudent way to end this form of injustice. Although the decision may sound unfair, it is the only way to discourage lies in the society. Imagine a society where lying is not punished; such a society risks losing its moral fabric. Although it is possible that some good personnel may be lost in the process, it would be prudent to remain with personnel who are honest and truthful in their service for us to attain justice for all. Termination may affect the families of those officers who lose their jobs, but it is better to build a family on the truth than on lies and deception (Mason, 2014). However, I would recommend that due process, if followed while investigating officers who are accused of lying and if they are found guilty, they should be terminated from service
References
Charles H, B. (2017). Supreme Court of the United States. Max Planck Encyclopedia of Comparative Constitutional Law. doi:10.1093/law-mpeccol/e541.013.541
DeValve, M. J. (2015). A different justice: love and the future of criminal justice practice in America. North Carolina, NC: Carolina Academic Press.
Mason, J. C. (2014). Justice in America: How the media and prosecutors stack the deck against the accused. Green Bay, WI: Titletown Publishing.
Petro, J., & Petro, N. (2015). False justice: eight myths that convict the innocent. New York, NY: Routledge.
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