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Feb 27, 2007 in My Shout Outs
I was watching CSI last night on DVD. I can see why so many out there are hooked onto it. The wonderful forensics team who speaks with the dead, pieces together what happened and submits their findings as evidence. One has to note that the job of a CSI stops there. Prosecution of the suspect is up to the district attorney (DA) and the verdict is up to the jury/judge to decide. CSIs however, have to submit evidence that a jury can relate to.
Side- track a little. Singapore used to have a jury system but it was abolished. Why? Was it over a particular case where the spokesperson declared that the jury had a unanimous decision that the defendant was guilty of murder? After judgment was passed and the death penalty imposed, the jury had a little post court meeting session. They asked the spokesperson why he declared it was a unanimous decision, when in fact more than a few of them had doubts over whether the defendant was guilty beyond a shadow of doubt. The spokesperson said “Well I thought none of you were against it, so I assumed you were all in for it.” The sad fact is that it was NOT a unanimous decision, where unanimous means ‘everyone’. If just one of the jury members has doubts, or casts a ‘not guilty’ vote, the outcome would have been VERY different. Unfortunately, the sentence was already passed and there was no way it could be reversed, and so the defendant was hung eventually when the jury could not agree to a unanimous decision.
Singapore probably didn’t want this to happen again, nor do they want jury members who are not in the legal profession to get emotionally involved in a case. If one of the jury members does not condone capital punishment, what are the odds that he will pass a guilty vote even if he is convinced with the DA’s evidence? Members of the jury are ‘humans’ and it can be seen as a weakness or an advantage, depending if you were prosecuting or defending. How does one decide a ‘fair trial’ anyway? To have your fate decided by a single judge, or by multiple members of the jury who have no knowledge on law and basically passes a vote based on what they see hear and feel.
If Singapore had a jury system, the outcome of Took Leng How could have been very different. The same goes for the Vietnamese drug trafficker who was sentenced to death in a case last year. Rach and I were debating about it. She was not in for capital punishment at all. As for me, I chose to sit on the fence. I felt that we SHOULD have the death penalty, but NOT make it mandatory. In Singapore, you bring in 15g of heroine, you WILL hang. This is because the law states that it is a mandatory penalty. Same goes for murder. If one is guilty of murder, the person will hang. I say, keep the maximum sentence of the death penalty, but allow judges to decide if the person should hang or not, ie make it NOT mandatory. Interestingly Rachel told me, the attorney has the right to change the entire set of jury if he or she so wishes, once, before the court session begins. No reason is required. But the good thing is, the jury comprises of members from different races, religion, gender, sexuality (maybe) so the defendant cannot claim unfair judgment on the basis of racism or sexism.
Back to CSI now..
It was a case of a decomposed body found in a remote rural area of the city. Maggots and flies were all have a buffet literally. Cause of death was a single gun shot wound to the head, point blank.
During autopsy, X-rays revealed that the deceased had multiple facial injuries, including hairline fractures that dated years ago. Signs of domestic violence and abuse over a prolonged period. The crux of the case now lies in the time of death. It was hard to determine as the body was placed out in the open, exposed to the external environment. One of the investigators used the maggots found on the body as a way to determine the time of death. Interestingly, he found that the particular species found on the body, can only be found in city. Hence, the deceased was probably killed and wrapped up in the city, before being transported to the outskirts, where it was eventually found. He grew the maggots and when they turned into flies, he put the time of death to be 3 days before. The key suspect (the husband) could prove he was out of town 3 days back, and it was not possible for him to commit the murder. The case appeared to arrive at a dead end. What will it take to prosecute this guy? CSI then realized, when the body was found, it was wrapped in a blanket which may affect the decomposition rate. They did a live experiment with a pig, and revised the time of death to 5 days instead of 3, putting the suspect back into the case. However the DA was not convinced that the only circumstantial evidence is based on flies. He felt the jury is not going to be convinced with all the technical ‘mambo jumbo’ on how the 5 days was derived. What’s more, it was revised from 3 days to 5 days. How convenient! How accurate can this be? Putting myself into the jury’s shoes, I cannot convict a person based on maggots alone. There are too many questions and doubts.
So they went on to do ballistic tests on a gun and bullets that belong to the deceased, and found that the bullets he had discharged Teflon, which was found on the deceased’s hair. With that, they had enough to place the suspect under arrest and charge him with murder.
I note that, there were not witnesses, other than neighbors who heard gunshots from the house. So everything is based on circumstantial evidence, which can be very hard to prove beyond a reasonable doubt.
Blood stains were also found in the house, but the suspect had a reason for it. Now, I am just thinking, if CSI could recreate the scene of the crime and what happened moments before and after the bullet was triggered, it would help a lot. Ie, prove that the blood splatter on the wall, was a result of the shot to the head. If that can be proven, I think this case would go beyond any doubt. It also proves that the defendant was lying about the blood, and the missing bullet, and why his gun was cleaned. But I do reckon it is just the job of the CSI to submit forensic evidence. It is then up to the attorney to fight the case, the jury to decide if the defendant is guilty, and the judge to pass the sentence.
I always like to look at something from as many corners as possible. So when I actually execute an action, the risk of surprises is minimized. As a skeptic at birth, if I can convince myself, then chances are it will convince the others too. I love to question everything, which appears to mean if I were an attorney, I would be better off as a defense attorney than prosecuting a defendant. But neh, no law for me. I love freedom, and my life. Money? Who doesn’t love money. But I don’t love it enough to lose my freedom over.
