Building institutions to address miscarriages of justice in England and Wales: "mission accomplished"?

McCartney, C. and Roberts, S. 2012. Building institutions to address miscarriages of justice in England and Wales: "mission accomplished"? University of Cincinnati Law Review. 80 (4), p. Art 13.

TitleBuilding institutions to address miscarriages of justice in England and Wales: "mission accomplished"?
AuthorsMcCartney, C. and Roberts, S.
Abstract

The revelation of miscarriages of justice can lead a criminal justice

system to a crisis point, which can be capitalized upon to engineer legal

reforms. In England and Wales, these reforms have included the

establishment of three bodies: the Court of Criminal Appeal, the

Criminal Cases Review Commission, and the Forensic Regulator. With

differing remits, these institutions are all intended to address

miscarriages of justice. After outlining the genesis of these bodies, we

question whether these three institutions are achieving their specific

goals. This Article then outlines the benefits accrued from the

establishment of these bodies and the controversies that surround their

operation. At present, both individually and collectively, these

institutions represent a partial solution to miscarriages of justice.

However, this Article argues that calls for a greater focus upon

“actual” innocence made in light of this partial success are misguided.

Such a refocusing may have the unintended consequence of fostering a

climate where miscarriages of justice flourish. The rights of all suspects

need protection, and due process concerns have the concomitant benefit

of protecting the innocent from wrongful conviction. A blinkered

approach to “miscarriages” will not necessarily assist the wrongfully

convicted and may even increase their number.

JournalUniversity of Cincinnati Law Review
Journal citation80 (4), p. Art 13
ISSN0009-6881
Year2012
PublisherUniversity of Cincinnati
Web address (URL)http://scholarship.law.uc.edu/uclr/vol80/iss4/13
Publication dates
Published2012

Related outputs

Post-Conviction Review in England and Wales: Perpetuating and Rectifying Miscarriages of Justice
Roberts, S. 2018. Post-Conviction Review in England and Wales: Perpetuating and Rectifying Miscarriages of Justice. in: Lennon, G., King, C. and McCartney, C. (ed.) Counter-terrorism, Constitutionalism and Miscarriages of Justice: A Festschrift for Professor Clive Walker London Hart Publishing. pp. 249-267

Reviewing the Function of Criminal Appeals in England and Wales
Roberts, S. 2017. Reviewing the Function of Criminal Appeals in England and Wales. Institute of Law Journal. 1, pp. 3-27.

Fresh Evidence and Factual Innocence in the Criminal Division of the Court of Appeal
Roberts, S. 2017. Fresh Evidence and Factual Innocence in the Criminal Division of the Court of Appeal. Journal of Criminal Law. 81 (4), pp. 303-327.

From beyond the grave: the legal regulation of mediumship
Osborn, G., Greenfield, S. and Roberts, S. 2012. From beyond the grave: the legal regulation of mediumship. International Journal of Law in Context. 8 (1), pp. 97-114.

Book review: Wrongful convictions: international perspectives on miscarriages of justice, edited by C. Ronald Huff and Martin Killias
Roberts, S. 2010. Book review: Wrongful convictions: international perspectives on miscarriages of justice, edited by C. Ronald Huff and Martin Killias. International Sociology. 25 (2), pp. 253-256.

Assisting the factually innocent: the contradictions and compatibility of Innocence Projects and the Criminal Cases Review Commission
Roberts, S. and Weathered, L. 2009. Assisting the factually innocent: the contradictions and compatibility of Innocence Projects and the Criminal Cases Review Commission. Oxford Journal of Legal Studies. 29 (1), pp. 43-70.

Book Review: Michael Naughton Re-Thinking Miscarriages of Justice: Beyond the Tip of the Iceberg Hampshire: Palgrave MacMillan, 2007. 248 pp. £45.00 (hbk). ISBN 0230019064
Roberts, S. 2009. Book Review: Michael Naughton Re-Thinking Miscarriages of Justice: Beyond the Tip of the Iceberg Hampshire: Palgrave MacMillan, 2007. 248 pp. £45.00 (hbk). ISBN 0230019064. Theoretical Criminology. 13 (2), pp. 274-277.

Contradictions within the criminalisation of ticket touting: what should be the role of the law?
Greenfield, S., Osborn, G. and Roberts, S. 2008. Contradictions within the criminalisation of ticket touting: what should be the role of the law? Web Journal of Current Legal Issues. 2008 (3).

The Royal Commission on Criminal Justice and Factual Innocence: remedying wrongful convictions in the Court of Appeal
Roberts, S. 2004. The Royal Commission on Criminal Justice and Factual Innocence: remedying wrongful convictions in the Court of Appeal. Justice Journal. 1 (2), pp. 86-94.

'Unsafe' convictions: defining and compensating miscarriages of justice
Roberts, S. 2003. 'Unsafe' convictions: defining and compensating miscarriages of justice. Modern Law Review. 66 (3), pp. 441-451.

Streamlining and clarifying the appellate process
Roberts, S. and Malleson, K. 2002. Streamlining and clarifying the appellate process. Criminal Law Review.

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