Miscarriages of Justice Contemporary Perspectives

Miscarriages of justice and their causes are an endemic part of criminal justice systems the world over. This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. It presents an evaluation of varied perspectives on recognising and rectifying miscarriages of justice, and considers debates concerning Innocence projects, family campaigns and technical fault in the justice process versus innocence as desirable mechanisms for scrutinising justice flaws. The book?s discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France, thus providing an international perspective on the subject.

This book will be an essential reference for students, researchers, practitioners and policy-makers working in the area of criminal justice.

Part I – Defining Miscarriages of Justice; 1. The nature and extent of miscarriage of justice; 2. The Scale of Miscarriages of Justice; 3. DNA Evidence, Changing the Landscape; Part II – Causes of Miscarriages of Justice; 4. Eyewitness testimony; 5. Police practice & procedures; 6. The right to legal advice & the right to silence; 7. Non-Disclosure & Public Interest Immunity; 8. Forensic evidence & the expert witness; 9. Trial procedures; Part III – Responses to the problem of Miscarriages of Justice; 10. Official responses; 11. Unofficial responses; Part IV – Comparing Miscarriages of Justice; 12. The Canadian experience and their miscarriage commissions;13. The US experience and the role of US Law Schools and advocacy groups in dealing with miscarriages; 14. The Australian & New Zealand Experience.