The June 13 editorial, "Crime and punishment," highlights serious concerns about a bill (passed by the Upper House on June 20) that will let a victim's family participate in court proceedings dealing with serious crimes. There is clearly a risk that, in their desperate search for answers, family members will introduce an emotional element to the deliberations, prejudicing an objective examination of the evidence.
What is, perhaps, of greater concern is that the family's involvement will subtly weight the case in the prosecution's favor. One might reasonably ask, if the defendant is presumed innocent, why isn't the participation of the defendant's family also allowed. They, too, have a justifiable interest in the outcome of the case and might assist the defense in a more thorough examination of the evidence and alleged charges.
That the victim's family and not that of the defendant will have the right to influence the course of a trial seems to imply a prejudged interest on the part of the family and a particular defendant, an assumption that will have an almost inevitable impact on the trial's outcome. Moreover, should the defendant be found guilty but then acquitted at a later date on appeal, what responsibility will the family bear for his or her incarceration? What responsibility will be borne if capital punishment is carried out and the deceased is posthumously pardoned?
We can all sympathize with the tragic loss that the family of a murder victim suffers. They need help and support to come to terms with both the grief and the horror of the crime. Offering these bereaved family members a role in a court case, however, is not the way forward.
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