Criminal procedure and evidence
Criminal procedure and evidence
This domain tests the legality of the process and the proof needed for conviction. The central rules are the presumption of innocence, legality, fair trial, and the prosecutor's burden.
Core rules
- The prosecution bears the burden of proving every element beyond reasonable doubt; the accused has no duty to prove innocence.
- Legality requires a legal basis for arrest, search, seizure, and detention; prolonged detention needs judicial review.
- Rights include counsel, silence, interpreter, access to the file, and prompt appearance before a judge; breach may lead to exclusion or nullity.
- Evidence must be relevant and lawfully obtained; confessions must be voluntary, and corroboration may be required.
- Chain of custody matters for physical evidence; gaps affect weight and may make it inadmissible.
- Acquittal follows if the case is not proved; doubt is resolved in favor of the accused.
Worked example
Police obtain a confession after refusing counsel and continuing questioning for two days. The confession is challenged. Even if it describes details, the procedural breach makes it involuntary or unlawfully obtained; the court excludes it. Without independent evidence linking the accused to the scene, the remaining file does not prove guilt beyond reasonable doubt.
Traps
Treating suspicion as proof; convicting on confession alone; confusing illegal arrest with automatic acquittal; ignoring chain-of-custody gaps; forgetting that silence cannot be treated as admission.