Wrongful Convictions in Switzerland: The Experience of a Continental Law Country (From Wrongful Conviction: International Perspectives on Miscarriages of Justice, P 139-155, 2008, C. Ronald Huff and Martin Killias, eds. -- See NCJ-225376)

• NCJ Number: 225383
• Author(s): Martin Killias
• Date Published: 2008
• Length: 17 pages
• Sale Source: Temple University Press
• Publication Format: Book (Hardbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This chapter provides an overview of basic features of the Swiss criminal justice system, reviews some cases of known wrongful convictions highlighting the critical role of police and prosecutorial behavior, and considers problems specifically in the fields of police, forensic science, and medical examinations.

Abstract

The cases presented all illustrate the role of distinctive features of the Swiss procedural system. The Geneva case shows how magistrates comply with the principle of impartiality in conducting investigations. The Zurich case further illustrates how prosecutors and police officers are subject to criminal prosecution whenever they fail to disclose or collect evidence that is potentially favorable to the defendant. Although convictions of prosecutors are exceptional, such rules work as a powerful deterrent for individuals whose career can be seriously damaged by rumors of having behaved unfaithfully. In summation, controlling police and prosecutorial misbehavior by making an offense a serious violation of professional standards may be efficient to control this source of wrongful convictions. Attention should no longer be limited to serious crimes and harsh sentences, but should extend to “trivial” cases, dealt with in summary proceedings, where miscarriages of justice are. The risk of wrongfully convicting the innocent is related to the extent to which the criminal justice system seeks to establish the truth in a balanced and fair manner. This has to do with the legal safeguards and their respect, as well as with the legal culture surrounding the establishment of relevant facts by the police and other agencies involved. In this chapter the author shows how Switzerland’s legal system focuses on the search for “objective truth” and emphasizes even-handed investigations of the facts, whether they are favorable or unfavorable to the defendant. In addition, the Swiss system and its advantages and vulnerabilities are discussed. It is concluded that wrongful convictions are far more likely to occur in apparently trivial cases where few resources are devoted to investigate the relevant facts. Notes and references