Tuesday, April 15, 2014
Alec Samuels (Government of the United Kingdom - City of Southampton) has posted Preventing Miscarriages of Justice (Current Criminal Law Online, Volume 6, Issue 3, March 2014) on SSRN. Here is the abstract:
A miscarriage of justice is the conviction and punishment of a person for a crime he or she did not commit. This article highlights the miscarriages of justice as have occurred in English case law. Miscarriages of justice do not occur very often in our criminal justice system, only in a very small percentage of convictions every year. At least, so far as is known. However, the wrongful conviction of only one person is tragic in itself. The phrase ‘miscarriage of justice’ may be interpreted in a variety of ways, but for the purposes of this discussion a miscarriage of justice means the quashing of the conviction and no further prosecutorial action, i.e. the presumption of innocence applies, especially where a period of imprisonment has been served.