Misjustice: How British Law is Failing Women

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a b c Edmond N Cahn (1975). The sense of injustice. Indiana University Press. pp. passim, see esp pp 24–26, 106. ISBN 978-0253200556. Haney, C. (2005). Death by Design: Capital Punishment as a Social Psychological System. Oxford: Oxford University Press. ISBN 978-0-19-518240-8. we have equal legal rights to spend real time with our families, where there really is equal pay, where the pressures of the long-hours culture are removed, where pay in the caring professions was made so rewarding that it did not invariably fall to women to look after the elderly, the disabled or children in nurseries, nor that teaching in primary schools was a female role.” a b c Duncan, Colby (2019) "Justifying Justice: Six Factors of Wrongful Convictions and Their Solutions" A Labour government would reform the law of joint enterprise that has led to hundreds of mostly young men unjustly serving life sentences for murder, David Lammy, the shadow justice secretary, has told a protest rally at Westminster.

The 2007 acquittal of Angus Sinclair, later revealed as a serial killer, sparked a profound change in Scotland's judicial system.Brown, 22, from Dudley, was diagnosed with autism at 16 and has learning disabilities and other mental health difficulties. He was convicted in 2018 of robbery, attempted robbery and perverting the course of justice, with joint enterprise forming part of the prosecution’s case. Although he moved from Jamaica to England with his family aged four, the government was preparing to deport him to Jamaica last year, after he had served three years in prison. The Home Office finally decided not to do so last month after an outcry and campaign by his family and supporters. His lawyers are still working to appeal against his conviction. Jordan Cunliffe During the early 1990s, a series of high-profile cases turned out to be miscarriages of justice. Many resulted from police fabricating evidence to convict people they thought were guilty, or simply to get a high conviction rate. The West Midlands Serious Crime Squad became notorious for such practices, and was disbanded in 1989. In 1997 the Criminal Cases Review Commission [57] was established specifically to examine possible miscarriages of justice. However, it still requires either strong new evidence of innocence, or new proof of a legal error by the judge or prosecution. For example, merely insisting on one's innocence, asserting the jury made an error, or stating there was not enough evidence to prove guilt, is not enough. It is not possible to question the jury's decision or query on what matters it was based. The waiting list for cases to be considered for review is at least two years on average. [ citation needed] Reflecting Scotland's own legal system, which differs from that of the rest of the United Kingdom, the Scottish Criminal Cases Review Commission (SCCRC) was established in April 1999. All cases accepted by the SCCRC are subjected to a robust and thoroughly impartial review before a decision on whether or not to refer to the High Court of Justiciary is taken. Garrett, Brandon L. (January 13, 2020). "Wrongful Convictions". Annual Review of Criminology. 3 (1): 245–259. doi: 10.1146/annurev-criminol-011518-024739. ISSN 2572-4568. S2CID 243044157. In 1923 Lord Chief Justice Hewart coined the phrase: 'Not only must justice be done; it must also be seen to be done.'

GOULD, JON B.; LEO, RICHARD A. (2010). "One Hundred Years Later: Wrongful Convictions After a Century of Research". The Journal of Criminal Law and Criminology. 100 (3): 825–868. ISSN 0091-4169. JSTOR 25766110. English law has no official means of correcting a "perverse" verdict (conviction of a defendant on the basis of insufficient evidence). Appeals are based exclusively on new evidence or errors by the judge or prosecution (but not the defence), or jury irregularities. A reversal occurred, however, in the 1930s when William Herbert Wallace was exonerated of the murder of his wife. There is no right to a trial without jury (except during the troubles in Northern Ireland or in the case where there is a significant risk of jury-tampering, such as organised crime cases, when a judge or judges presided without a jury). Law student and GMLC’s campaign volunteer lead, Hoejong Jeong, considers the barriers that stand in the way of ordinary people getting access to justice, looking at three recent case studies in the news. As the cases show, without access to legal aid or proper legal advice, domestic abuse survivors and detained migrants struggle to protect themselves and their rights. For more on the substantial difference in judges' decisions depending on time since last food break, see chpt 3 of Thinking, Fast and Slow. Giannelli, Paul C. (December 2007). "Wrongful Convictions and Forensic Science: The Need to Regulate Crime Labs". North Carolina Law Review. 86 (1): 163–235. ISSN 0029-2524 . Retrieved November 18, 2014.New rules to end the need for participants to travel unnecessarily to court by allowing criminal courts to maximise the use of video and audio technology as it develops.

Jed S. Rakoff, "Jailed by Bad Science", The New York Review of Books, vol. LXVI, no. 20 (19 December 2019), pp.79–80, 85. According to Judge Rakoff (p.85), "forensic techniques that in their origin were simply viewed as aids to police investigations have taken on an importance in the criminal justice system that they frequently cannot support. Their results are portrayed... as possessing a degree of validity and reliability that they simply do not have." Rakoff commends (p.85) the U.S. National Academy of Sciences recommendation to "creat[e] an independent National Institute of Forensic Science to do the basic testing and promulgate the basic standards that would make forensic science much more genuinely scientific." The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) brought significant budget cuts and partially or wholly removed entire areas of civil law from the scope of legal aid – including most benefits, debt, housing, employment and immigration advice, as well as family law that doesn’t involve domestic violence. Daniel S. Medwed (2022). Barred: Why the Innocent Can't Get Out of Prison. Basic Books. ISBN 978-1-5416-7591-9. Joy, Peter A. (2006). "Relationship between Prosecutorial Misconduct and Wrongful Convictions: Shaping Remedies for a Broken System". Wisconsin Law Review. 2006: 399. Leo, Richard A.; Davis, Deborah (March 2010). "From False Confession to Wrongful Conviction: Seven Psychological Processes". The Journal of Psychiatry & Law. 38 (1–2): 9–56. doi: 10.1177/009318531003800103. ISSN 0093-1853. S2CID 145315052.Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team). This has been sitting on my TBR pile for a while, but since I'm reading about the criminal justice system a lot at the moment, it seemed time to finally read it. Vrij, Aldert (2019). "Deception and truth detection when analyzing nonverbal and verbal cues". Applied Cognitive Psychology. 33 (2): 160–167. doi: 10.1002/acp.3457. ISSN 1099-0720. S2CID 149626700.