Download or read book The Criminal Cases Review Commission written by Michael Naughton and published by Springer. This book was released on 2009-10-29 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the world's first publicly-funded body- the Criminal Cases Review Commission- to review alleged miscarriages of justice, set up following notorious cases such as the Birmingham Six in the UK. Providing a critique of its operations, the book shows that its help to innocent victims of wrongful conviction is merely incidental.
Download or read book Criminal Appeals and Alleged Miscarriages of Justice written by Great Britain. Committee on Criminal Appeals and Miscarriages of Justice Procedures and published by . This book was released on 1996 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Appeals and Alleged Miscarriages of Justice written by and published by . This book was released on 1996 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Redressing Miscarriages of Justice Practice and Procedure in International Criminal Cases written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2013-06-27 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author offers an extensive review of the mechanisms available in different (international) law-systems to prevent and redress miscarriages of justice, from the causes of miscarriages of justice to examining forensic reports.
Download or read book Redressing Miscarriages of Justice Practice and Procedure in National and International Criminal Law Cases written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-08-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.
Download or read book The Innocent and the Criminal Justice System written by Michael Naughton and published by Bloomsbury Publishing. This book was released on 2013-06-11 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Innocent and the Criminal Justice System examines competing perspectives on, and definitions of, miscarriages of justice to tackle these questions and more in this critical sociological examination of innocence and wrongful conviction. This book: - Is the first book of its kind to cover wrong convictions, from definition and causation to the limits of redress - Provides a wealth of case studies and statistics to apply theoretical discussions of the criminal justice system to real-life situations - Discusses ideas and challenges that are highly relevant to current political and social debates Elegantly written by a leading expert in the field, this book is essential reading for students of criminology, criminal justice and law, looking to understand the workings of the criminal justice system and how it can fail the innocent.
Download or read book Miscarriages of Justice written by Clive Walker and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.
Download or read book The First Miscarriage of Justice written by Jon Robins and published by Waterside Press. This book was released on 2014-10-20 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘I would have been the first miscarriage of justice… There was this spate of cases: the Birmingham Six, Guildford Four and Cardiff Three. Each one was another nail in my coffin’: Tony Stock, 2008. The story of Tony Stock is astonishing: deeply disturbing it sent out ripples of disquiet when he was sentenced to ten years for robbery at Leeds Assizes in 1970. Over the next 40 years the case went to the Court of Appeal four times and has the distinction of being the first to have been referred to that court twice by the Criminal Cases Review Commission. Tony Stock died in 2012 still fighting to clear his name: spending from his meagre savings to hire private investigators and hoping beyond hope to see justice. Reviews ‘The story of Tony Stock should be mandatory reading for everyone, not merely those involved with the laws. It concerns the quality of our criminal justice system and its serious reluctance and unwillingness to root out injustice’: Michael Mansfield QC. ‘One of the most outrageous miscarriages of justice of modern times’: Barry Sheerman, Labour MP for Huddersfield. In the Press ‘If anyone seriously believes the Court of Appeal has reformed itself since the dark days of the Birmingham Six and Bridgewater Four, they should study the unreported and amazing case of Tony Stock’: Private Eye. ‘I would have thought that the injustice done to Tony (Stock) was fairly self-evident and yet his conviction still stands. I find this very difficult to accept’: Ralph Barrington, investigations adviser at the Criminal Cases Review Commission. ‘The fight for justice that will not die’: Yorkshire Post.
Download or read book Reasons to Doubt written by Carolyn Hoyle and published by Oxford University Press. This book was released on 2019-01-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.
Download or read book Criminal Appeals and Alleged Miscarriages of Justice Report by the Committee Appointed by the Secretary of State for Scotland and the Lord Advocate written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Miscarriages of Justice written by Justice (Society) and published by . This book was released on 1989 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Miscarriages of Justice in Canada written by Kathryn M. Campbell and published by University of Toronto Press. This book was released on 2018-06-12 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innocent people are regularly convicted of crimes they did not commit. A number of systemic factors have been found to contribute to wrongful convictions, including eyewitness misidentification, false confessions, informant testimony, official misconduct, and faulty forensic evidence. In Miscarriages of Justice in Canada, Kathryn M. Campbell offers an extensive overview of wrongful convictions, bringing together current sociological, criminological, and legal research, as well as current case-law examples. For the first time, information on all known and suspected cases of wrongful conviction in Canada is included and interspersed with discussions of how wrongful convictions happen, how existing remedies to rectify them are inadequate, and how those who have been victimized by these errors are rarely compensated. Campbell reveals that the causes of wrongful convictions are, in fact, avoidable, and that those in the criminal justice system must exercise greater vigilance and openness to the possibility of error if the problem of wrongful conviction is to be resolved.
Download or read book Miscarriages of Justice written by Brent E. Turvey and published by Academic Press. This book was released on 2014-05-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583
Download or read book Rethinking Miscarriages of Justice written by M. Naughton and published by Springer. This book was released on 2007-09-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on Foucauldian theory and 'social harm' paradigms, Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.
Download or read book Review of Convictions after Jury Trials written by Bron McKillop and published by . This book was released on 2006 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French have recently created a jury court of appeal (cour d'assises d'appel) for appeals from the jury trial court (cour d'assises) which latter, transplanted from the British after the Revolution, judges serious criminal cases. A convicted accused has now a right to a new trial before another jury court. This article looks at why and how this new court came to be added to the French criminal justice system. It notes that that system, essentially operated by legal professionals (judges and prosecutors), has now opted for an increased role for lay persons in the disposition of serious criminal cases. It also notes that despite the second chance offered those convicted by the cour d'assises there has so far been a low level of appeals (about 10 per cent of convictions), partly explicable perhaps by a rate of re-conviction no lower than in the cour d'assises - 95 per cent.The article then considers by way of contrast how the United Kingdom and Australia have dealt with appeals from convictions by juries, noting that convictions by the well entrenched and highly regarded criminal juries in those jurisdictions may be overridden by courts of criminal appeal on very broad criteria (unsafe conviction, miscarriage of justice) which ultimately allow a subjective judicial reaction to the guilt of the accused. It may be seen as ironic that the French have extended the use of the jury in giving an accused a second chance while the British and Australians have allowed a degree of judicial second guessing over jury verdicts. The article also looks at alternative revision procedures for alleged miscarriages of justice in serious criminal cases in France, the United Kingdom and Australia.
Download or read book Canada at 150 written by Heather MacIvor and published by . This book was released on 2017-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is a collection of essays and contributions from prominent Canadians on the 150th anniversary of Confederation, and the 35th anniversary of the Charter of Rights and Freedoms. Contributors include former prime ministers, politicians, judges, lawyers and wrongfully convicted. The perspectives are broad, thoughtful and inspiring."--
Download or read book When Law Fails written by Charles J. Ogletree, Jr. and published by NYU Press. This book was released on 2009-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.
