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

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