Taming the Minotaur: Scientific Evidence and the Criminal Responsibility of Unreasonable Persons

Abstract

The Criminal Justice Systems prevalent around the world operates on the presumption of innocence of an accused and the burden of proof placed on the prosecution to prove the guilt of the said accused before a criminal court of competent jurisdiction. To satisfy the abovesaid standards, it is necessary for the prosecution to prove the act of the accused has been committed with the requisite mens rea to fix responsibility and thereby enable the court to impose the appropriate punishment under the relevant law. In cases where the criminal responsibility is sought to be fixed upon persons of tender age, unsoundness of mind and intoxication, the mental capacity of the accused therein is to be seen distinct from the presumption of every accused being a reasonable (wo)-man capable of ordinarily being held responsible for his or her acts. From an evidentiary perspective, the mental capacity of such persons may be assessed from the conduct of the accused at different points of time in connection with the commission of the offence. In this regard scientific experts have to assess post facto the mental capacity at the time of the offence thus entering into a value judgment with consequences on the criminal responsibility of the person. Such experts are presumed to analyze the relevant evidence in an objective manner and assist the court in determining the facts. However it has been observed that depending on the nature of the alleged offence and the socio-economic background of the accused has a bearing on the eventual fate of the accused notwithstanding the available scientific evidence. These factors may obviate the spectrum of mental and physical conditions prevalent in the accused which affects his mental capacity to commit offences. The paper seeks to critically analyze the evolving jurisprudence from legislative and judicial attempts to appreciate the scientific evidence for establishing the mental capacity of accused in the abovesaid particular circumstances.