Miscarriage of Justice in UK Law
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Evidence in the museum: Curating a miscarriage of justice
After the conclusion of criminal proceedings, criminal evidence sometimes survives in what is described here as an afterlife. In its afterlife, criminal evidence is preserved in various locations; ...
- A Miscarriage of Justice
- Compensation for ‘Miscarriage of Justice’
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‘F**k this game … I'm off’: financial and emotional factors in declining legal representation in miscarriage of justice cases
In this article, we use data from interviews with 45 criminal defence lawyers to examine the reasons behind a decline in publicly funded representation in applications to the Criminal Cases Review ...
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A Story of Miscarriage: Law in the Media
This article utilizes the work of the sociologist Niklas Luhmann in order to examine the relationship between law and the media. Luhmann views both law and the media as closed systems of communicat...... ... media reporting, and applying this to the relationship between law and media reporting on law, the article analyses a recent miscarriage of justice case. The case is that of the solicitor Sally Clark who was convicted of a double child killing. Although her first appeal was rejected she succeeded ... ...
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The Problem of Mistaken Identification: Some Observations on Process
This article examines the importance of establishing a coherent system of safeguards against the risks of mistaken eyewitness identification. Memories of previously observed events are susceptible ...... ... effective means ofaverting the risk of error and subsequent miscarriage of justice. However, theseare of little value without a system of ... ...
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Miscarriages of Justice and the Discourse of Innocence: Perspectives from Appellants, Campaigners, Journalists, and Legal Practitioners
This article problematizes the discourse of innocence in relation to victims of wrongful conviction operating within the criminal justice system. For appellants whose convictions have been quashed ...... ... of compensation in light of the recent ruling by the Supreme Court and conclude that the current debate regarding what constitutes a miscarriage of justice continues to confuse legal practitioners and prolong the anxiety suffered by victims recovering from the trauma of wrongful imprisonment ... ...
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The Supreme Court on Compensation for Miscarriages of Justice: Is it better that ten innocents are denied compensation than one guilty person receives it?
The Supreme Court determined that a ‘fresh approach’ was needed in an attempt to bring some clarity to the issue of the eligibility for compensation of those who have had their convictions quashed ...... ... their convictions quashed by the Court of Appeal.The definition that the majority agreed upon was that ‘a new fact will show that a miscarriage of justice has occurred when it so undermines the evidence against the defendant that no conviction could possibly be based upon it’.This article ... ...
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Straddling Two Worlds: Reflections of a Retired Criminal Cases Review Commissioner
In this paper, I draw upon the ‘systems theory’ approach to miscarriages of justice (adopted by Nobles and Schiff) to reflect upon my experience as a member of the Scottish Criminal Cases Review Co...... ... , I draw upon the‘systems theory’ appr oach to miscarriages of justice (adopted by Nobles and Schi¡) to re£ect upon m y experience as a member ... the current debate in England as to what constitutes a‘miscarriage of justice’. INTROD UCTION This paper is intended to g ive some insigh t ... ...
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‘You don’t know what you’ve got ‘til it's gone’: Police retention of investigative materials
The seizure, safe handling and secure storage of evidence during criminal investigations is pivotal to the successful detection and prosecution of offences. The safe retention of materials after an...... ... , and details the results ofsurveys undertaken with lawyers and miscarriage of justice campaigners (n=65) and police (n=87), and 21 interviewswith ... ...
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