The Perils of Over-Reliance on Confession Evidence in Ghana's Criminal Justice System: A Critical Examination of Miscarriages of Justice and Proposed Reforms
By: eric paddy boso
This paper critically examines the over-reliance on confessional evidence within Ghana's criminal justice system, highlighting its role in both wrongful convictions and the plight of the innocent who cannot prove their innocence. Drawing from legal precedents, case studies, and empirical research, the paper underscores the systemic flaws that facilitate miscarriages of justice. It further proposes comprehensive reforms aimed at safeguarding the rights of suspects and ensuring the integrity of the justice process.
1. Introduction
Confessional evidence is often deemed a cornerstone in criminal prosecutions, particularly in jurisdictions with limited forensic capabilities. In Ghana, the Criminal Procedure Code (Act 30, 1960) and the Evidence Act (Act 323, 1975) stipulate that confessions must be voluntary to be admissible. However, the practical application of these laws has been marred by instances of coercion, lack of corroborative evidence, and inadequate legal safeguards, leading to significant miscarriages of justice.
2. The Dual Dangers of Confession Evidence
2.1. False Confessions Leading to Wrongful Convictions
There have been notable cases where individuals were convicted based solely on confessions obtained under duress or without proper legal representation. For instance, the case of Yaw Asante Agyekum, who served nearly 23 years in prison for a crime he did not commit, underscores the peril of over-reliance on confessions. His wrongful conviction was primarily due to an uncorroborated confession obtained without adequate legal safeguards. The Ghana Report
2.2. The Innocent Unable to Disprove Coerced Confessions
Equally concerning is the situation where innocent individuals are unable to disprove coerced confessions. The absence of corroborative evidence, coupled with limited access to legal counsel, often leaves such individuals vulnerable to wrongful convictions. The lack of forensic support in criminal investigations further exacerbates this issue, as highlighted by a study indicating that 81.5% of respondents rated the state of forensic support as poor or very poor. ResearchGate
3. Legal and Procedural Shortcomings
Despite legal provisions requiring the presence of a magistrate during the recording of confessions, these safeguards are frequently overlooked. The deficiency of confession statements, often recorded without video or independent verification, opens the door to manipulation and wrongful convictions. Modern Ghana
Additionally, the judicial system's tendency to accept confessions at face value, without rigorous scrutiny of the circumstances under which they were obtained, further perpetuates the risk of miscarriages of justice. In the case of Bilah Moshie v. The Republic, the Court of Appeal upheld a conviction based solely on a confession, despite the absence of corroborative evidence, illustrating the dangers of over-reliance on such evidence. KUC Law Students Union
4. Case Study: The Miscarriage of Justice in the Yaw Asante Agyekum Case
Yaw Asante Agyekum's case serves as a poignant example of the systemic flaws in Ghana's criminal justice system. Convicted primarily on an uncorroborated confession, Agyekum spent over two decades in prison before new evidence exonerated him. His case highlights the critical need for reforms to prevent such miscarriages of justice.
5. Proposed Reforms
To address the issues identified, the following reforms are recommended:
Mandatory Recording of Interrogations: Implementing audio-visual recording of all interrogations to ensure transparency and accountability.
Independent Oversight Mechanisms: Establishing independent bodies to review cases where confessions are the primary evidence.
Enhanced Forensic Capabilities: Investing in forensic science education and infrastructure to support criminal investigations.
Access to Legal Counsel: Guaranteeing the right to legal representation during interrogations, particularly for vulnerable individuals.
Public Awareness Campaigns: Educating the public on their rights during police interactions to reduce the incidence of coerced confessions.
6. Conclusion
Over-reliance on confessional evidence in Ghana's criminal justice system has led to significant miscarriages of justice, affecting both the guilty and the innocent. By implementing the proposed reforms, Ghana can strengthen its justice system, ensuring that convictions are based on reliable evidence and that the rights of all individuals are protected.
This comprehensive analysis underscores the critical need for systemic reforms in Ghana's criminal justice system to prevent miscarriages of justice stemming from over-reliance on confessional evidence. Implementing these reforms will not only enhance the integrity of the justice process but also restore public confidence in the legal system.
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