The Exculpatory Evidence in Adversarial Investigative Custody

Anuradha Parasar; Aaditya Gore

Anuradha Parasar School of Liberal Education, Galgotias University, Greater NOIDA, Uttar Pradesh, India
Aaditya Gore School of Liberal Education, Galgotias University, Greater NOIDA, Uttar Pradesh, India

Keywords: Exculpatory evidence, Criminal investigation, Adversarial investigation, Custody, Artificial intelligence

Abstract

An accused person’s right to the presumption of innocence persists at all stages of the criminal process. In order to understand if the adversarial process places an extreme burden of inequality of arms during the investigative stage, the researchers have conducted 45 case studies on retired Police officers who have handled criminal investigation. The retired officers were asked about their socio-cultural backgrounds, their education, tenure of service, number of years served in investigative capacity, the factors on which they based their decision to arrest, the social indicators which matter according to them in making arrest decisions, and the efficacy of different interrogation methods according to them. The researchers tried to find out if adversarial interrogation techniques are geared towards inculpation only. 57.78% officers did not show incrimination bias and stated that they took on record exculpatory evidence produced by accused persons during investigation. Between urban and rural-born officers, the preference for investigation differed most in using coercive techniques. The researchers also undertook an online survey of civilians about their preferences in case of answering criminal accusations. A majority of the 174 respondents tilted in favour of a participative process where they could contribute to their defence at the investigative stage. This paper makes a pitch for a suitable hybrid of the adversarial and inquisitorial systems in matters of criminal investigation and the use of Artificial Intelligence (AI) technology for classifying inculpatory and exculpatory information from the records of investigation.

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