A critical analysis of the legal issues surrounding the identification of the accused and the defense of alibi in the Zambian legal system
Date
2013-04-18
Authors
Musukwa, Bwila
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Abstract
This dissertation considers the critical analysis of the legal issues surrounding the defense of alibi and the identification of an accused person in the Zambian Legal System. The study tries to highlight the issues relating to the defense of alibi and the identification of the accused and their
importance. It also tries to analyse how effective identification procedures are carried out to remove possibilities of mistaken identities. The study also tries to analyse the defense of alibi and the measures put in place to prevent the use of the defense as a means of escaping criminal
liability. Finally, the study carries out a comparative analysis with other jurisdictions: The United States of America, Britain and India in respect to how the defense of alibi is handled and how
identification procedures are carried out.
The research carried out through interviews with appropriate legal institutions, case law, journals and text books found that Zambia mainly relies on identification parades even in special circumstances when other viable identification procedures can be used. The research further found that the right to legal counsel during identification parades is not recognized as a constitutional right. This therefore increases the chances of the accused implicating himself The research further found that there is no independence in the way identification parades are conducted. This is because the procedure is mainly left in the hands of the police who are
capable of inducing witnesses to pick out the preferred suspect. Finally, the research established the need for legislation that will expressly lay down the procedure to be followed when conducting an identification parade.In relation to the problems that have been raised by the research, recommendations are made to the effect that there is need for legislation that will expressly provide the procedure that the police will use when conducting an identification parade. The paper also recommends that in special circumstances that do not require identification parades, other methods should be used to conduct the identification. The paper further recommends that the right to legal counsel during identification parades should be recognized as a constitutional right to prevent self-implication.
Finally, the essay recommends that the identification parades should be conducted by
independent and impartial persons or institutions to prevent bias, and miscarriage of justice.There is therefore need to prevent innocent people from being convicted of crimes they did not
commit.
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Keywords
Defense(criminal proceedure)--Zambia , Identification(criminal procedure)--Zambia