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The seizure, safe handling and secure storage of evidence during criminal investigations is pivotal to the successful detection and prosecution of offences. The safe retention of materials after an investigation closes, even post-conviction, is also critical both to the ability of the appellate system to function and for 'cold cases' to be reviewed. Yet despite periodic high-profile instances in which failures to ensure the integrity and retention of evidence have occurred, there is a reticence to admit to evidence being lost; in particular, to consider the issue on an aggregate rather than a case-by-case basis. This lack of transparency is compounded by an accountability deficit, in which the issue falls through regulatory gaps. Provoked to locate proof of lost evidence, this article examines police retention of investigative materials, and details the results of surveys undertaken with lawyers and miscarriage of justice campaigners (n = 65) and police (n = 87), and 21 interviews with serving and retired police officers. We identify 'weak links' in the evidence chain that need strengthening, including the enhancement of training, improved physical packaging and storage facilities, sufficient training of police staff and the creation of specialised 'exhibits' roles. Further to practical resource demands, the issue requires accessible data so that the problem can be acknowledged, and accountability and oversight mechanisms created to assure processes. [ABSTRACT FROM AUTHOR]

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Appellate courts sometimes provide relief in cases where prosecutors engage in certain actions, either free from scrutiny during investigation (backstage) or under judicial oversight during litigation (front-stage), that go beyond their authority and the law. Yet little is known about how the nature and types of prosecutorial misconduct recognized by appellate courts systematically affect their decisions to provide relief. Using data from the Center for Prosecutor Integrity, we analyze 150 appellate court cases between 2010 and 2015 in which prosecutorial misconduct is substantiated by the courts. We find that higher courts are more likely to correct for cases involving multiple types of misconduct and for cases in which the misconduct occurs "backstage," outside of judicial oversight, rather than during litigation. [ABSTRACT FROM AUTHOR]

The fallible nature of the criminal justice system continues to see judicial errors—that is, wrongful convictions and erroneous acquittals—undermine its integrity, efficacy, and legitimacy. Public perceptions of judicial errors are important contributors to criminal justice policy and reforms. The current study utilizes the 2016 Australian Survey of Social Attitudes (AuSSA) dataset to examine public attitudes toward judicial errors. It applies Herbert Packer's crime control and due process models to understand how concerns around procedural safeguards and public safety are associated with public perceptions toward judicial errors. Packer's model has been challenged by studies, which theorize that the models are not mutually exclusive. Yet, they have not been empirically tested in this context, which is a gap this study seeks to fill. Findings show that due process and crime control concerns shape public attitudes toward wrongful convictions and challenge the notion that Packer's models be applied on a continuum. [ABSTRACT FROM AUTHOR]

The first re-trial under the second or subsequent appeal provisions introduced into the Criminal Procedure Act 2009 (Vic) has recently concluded, resulting in the acquittal of Jason Roberts for the 1998 murders of two Victoria Police officers. This article traces the various stages in Roberts' efforts to have his conviction overturned, raising questions about the efficacy of the different mechanisms available for redressing miscarriages of justice. Ultimately, while the second or subsequent appeal process can be considered a success for Roberts, significant barriers remain for other wrongfully convicted persons whose circumstances do not receive the attention of a powerful commission of inquiry such as IBAC. [ABSTRACT FROM AUTHOR]

Wrongful convictions are an indicator of the flaws of the American justice system and represent the consequences of disproportionate crime control policies. To date, few scholars have documented how the public views wrongful conviction frequency or who is responsible for these miscarriages of justice. In this study, we draw on a national sample to examine public perceptions of the prevalence of wrongful convictions and the degree to which the public believes the government is responsible for compensation after a wrongful conviction. Our results demonstrate that most Americans believe felony wrongful convictions happen at least occasionally and that the government should provide compensation to exonerees. These findings are not consistent across groups. Race, political affiliation, gender, and age are significantly related to differences in views of wrongful conviction frequency. Likewise, age and political affiliation are significantly related to differences in support of government compensation. Limitations and future directions are also discussed. [ABSTRACT FROM AUTHOR]

Pachecka and Szal disclosed their criminal history to the jury in the first trial (at [31-32]), whereas Mr G did not (at [40], [43-46] and [60]). Further, when Mr G was retried in July 2018, he relied on the convictions of the murder of Pachecka and Szal and their previous convictions in Poland (Applicant Grounds of Appeal at [8]). Therefore, the character of Mr G was misrepresented to the jury in the first trial, which gave Mr G an advantage over Pachecka and Szal relating to propensity (at [44-46]). Keywords: Fresh evidence; criminal appeals; miscarriages of justice; wrongful conviction; factual innocence EN Fresh evidence criminal appeals miscarriages of justice wrongful conviction factual innocence 53 56 4 02/21/23 20230201 NES 230201 The Facts On 23 August 2016, Mr Grzegorz Pietrycki was murdered in his flat in London (at [5]). [Extracted from the article]

Deficiencies in performance in forensic science have led to the need for a statutory regulator with powers over standards and performance, investigation, compliance and enforcement. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1325-1340 | Article | (Table of Contents) I. EU law and revision. - II. The nature of revision and (Western) European grounds. - II.1. The nature of revision: striking a balance between legal certainty and justice. - II.2. Different approaches on the grounds for revision in (Western) Europe. - III. Harmonisation of criminal revision procedure law. - III.1. Competence for harmonisation in general. - III.2. Criminal matters having a cross-border dimension. - III.3. Improving mutual recognition. - III.4. The principle of subsidiarity. - IV. Conclusion. | (Abstract) Although there is a European right to fair trial, a presumption of innocence, and a right to appeal, there is no European human rights norm that obligates Member States to allow former suspects to contest their convictions. In a time of growing harmonisation and comparison of criminal procedure approaches between European countries, and in a time in which new scientific options to gather and analyse evidence were developed, the question rises whether there should also be an EU right to claim innocence. And if so, what should it entail? A common European (Union) right to claim innocence could further strengthen the faith Member States have in each other's legal system and therefore have a positive influence on mutual cooperation in criminal matters. This Article explores the justification for an EU directive on this topic. It is concluded that an EU procedural right to overturn wrongful convictions could be justified (by the EU legislator), but further research on the various differences and (in)adequacy in practice of the existing mechanisms across the Member States is needed to substantiate the necessity of such an EU instrument.

This article draws on original empirical research to explore the rise and fall of innocence projects across England and Wales. Innocence projects are university‐based projects which seek to educate students, to assist the wrongly convicted and to contribute to research and reform within criminal justice. Thirty‐six projects were established between 2004 and 2014 under Innocence Network UK, but following the network's closure, projects appear to be gradually disappearing. Drawing on empirical evidence from key actors, this article argues that the decline of innocence projects resulted from both emerging tensions within the innocence project movement itself and through the external constraints of operating within a restrictive criminal appeal system. It will conclude by rethinking how surviving projects might play a valuable role in addressing miscarriages of justice in the current climate. [ABSTRACT FROM AUTHOR]

As long as we have a death penalty we will inevitably execute innocent people. It has been argued by many scholars, such as Michael Radelet, Hugo Bedau and Constance Putnam, that such miscarriages of justice mean we should abolish the death penalty. I argue that, paradoxically, if we do abolish the death penalty more innocent people may be punished for crimes they did not commit. Miscarriages of justice may increase because the "surplus oversight" (extra appeals, more lawyer hours, etc.) that attend capital cases may disappear. I collected and analyzed available data on surplus oversight, which strongly suggests that this is the case. To further test my hypothesis, I constructed and implemented an experiment: would subjects donate as much to an innocence project if the innocent person were serving life in prison as they would if the innocent person were sentenced to die? The results of the experiment suggest that they would not; donations to exonerate innocent people serving life were about 20% lower than those to exonerate innocent people on death row. These findings support my conclusion: if we abolish the death penalty people may pay less attention and allocate fewer resources to wrongful convictions so that inadvertently more people may spend the rest of their lives in prison for crimes they did not commit. Ironically, if we want to avoid miscarriages of justice, we have a reason to keep the death penalty. [ABSTRACT FROM AUTHOR]

This article considers key non-disclosure cases in the United Kingdom and Australia and the potential for prosecution disclosure failings to lead to miscarriages of justice. The authors discuss disclosure obligations in the context of the police–prosecution relationship and aspects of police culture that may facilitate practices of non-disclosure. They note that cultures of non-disclosure can place unfair practical burdens on the defence to ensure that disclosure duties are met by the prosecution. The authors call for cultural reforms prioritising disclosure as justice rather than process. [ABSTRACT FROM AUTHOR]

Article 69(7) of the International Criminal Court Statute develops a specific rule to exclude evidence and thus ensure evidentiary reliability and procedural integrity before its proceedings. China has introduced the exclusionary rule of illegally obtained evidence that places an overriding priority on pursuing factual accuracy, because the rule has been devised and applied primarily for the sake of preventing miscarriages of justice and bolstering governmental integrity. A political imperative for truth makes the rule incompatible with the existing institutional environment. The ICC's rule and practice illuminates the importance of neither assuming the excellence of the rule nor borrowing the rule without modification, but of exploring the rule that is based upon one's own practical experience, institutional structure, and political powers. This article embraces the room for flexibility, experimentation, and adaptation that can contribute to a healthy scheme for legal transplant and law reform. [ABSTRACT FROM AUTHOR]

Wrongful convictions or miscarriages of justice are experienced by justice systems worldwide. At the centre of each miscarriage lies a complex mix of causes. The contribution of the police investigative process and particularly the interview process, to this mix is, however, significant and enduring. Nevertheless, in the UK important inroads have been made with respect to reform in this regard. This has occurred partly in response to revelations of dreadful miscarriages of justice and the findings of ground-breaking psychological research. This research began in earnest in the 1970s, the decade when Noel Jones, a vulnerable young man falsely confessed to, and was wrongfully convicted of, the killing of schoolgirl Janet Commins. It has continued through to the second decade of the 21st century when following a case review, Stephen Hough was rightfully convicted of the same crime; the justice system acknowledging that the original police investigation was flawed and that Jones was 'wholly exonerated' (Evans, 2019). Taking these wrongful and rightful convictions as rough 'start' and 'end' points in time, this article critically examines the contribution of psychological research to bringing about reform of the investigative process and particularly the interview process, in the UK. In doing so, it argues that miscarriages of this nature are now less likely, but that further psychological research and policing reform are required to continue progress already made. [ABSTRACT FROM AUTHOR]

The role of the Appropriate Adult was established to protect the rights of suspects considered 'vulnerable' due to a number of miscarriages of justice during the 1970s. Appropriate Adult services are now a legal requirement in England and Wales for detained adults with mental health issues, learning disabilities or difficulties who have been detained in police custody. The aim of this project was to evaluate the extent and involvement of disabled adults who are or have been in police custody. The study concludes by suggesting the application of a social model approach within police custody, to meet the needs of service users and to avoid any miscarriages of justice. Appropriate Adult services are now a legal requirement in England and Wales for adults detained in police custody who have mental health issues, learning disabilities or difficulties The research explores the role of Appropriate Adult schemes across England and Wales in protecting the rights of disabled people in custody. This study examines whether disabled people's voices are embraced in Appropriate Adult Schemes to improve services and to remove disabling barriers. This study discovered that service user voices were missing from every aspect of Appropriate Adult service provision. The findings suggest that in order to develop an effective criminal justice service for disabled people in custody, service user voices must be incorporated to develop a service which protects the rights of disabled people. [ABSTRACT FROM AUTHOR]

In the case of the Naves brothers, occurred in Brazil in the first half of the 20th century, it was alleged that they confessed to committing a crime that did not even happened. In this article, we present a linguistic and discursive analysis of the confessions forged and attributed to them, based, from a theoretical-methodological point of view, on previous studies on common characteristics of false narratives in the field of forensic linguistics and on the application of a method inspired by textual criticism. We identified linguistic elements that indicate the falsity of the confessions attributed to the brothers, such as the extremely detailed description of the alleged crime, the presence of mistakes, inconsistencies and contradictions in the discourse and the use of language of uncertainty. We also compared these confessions and verified the presence of echo and patterns of condensation and expansion. Although limited by the nature of the data, this study enriches discussions on how to characterize false confessions in investigative and judicial contexts. [ABSTRACT FROM AUTHOR]

The Dutch legislature has recently (2012) altered the legislation for post-conviction revision of criminal cases. The legislature aimed to improve the balance between the competing interests of individual justice and the finality of verdicts, by making post-conviction revision more accessible. In this article we describe the current legal framework for revising cases. We also study how the revision procedure functions in practice, by looking at the types and numbers of (successful) requests for further investigations and applications for revision. We observe three challenges in finding the right balance in the revision process in the Netherlands. These challenges concern: 1) the scope of the novum criterion (which is strict), 2) the appropriate role of an advisory committee (the ACAS) in revision cases (functioning too much as a pre-filter for the Supreme Court) and, 3) the difficulties that arise due to requiring a defence council when requesting a revision (e.g., financial burdens). [ABSTRACT FROM AUTHOR]

Active learning, with students engaging in research or activities within the community, is a favoured approach in contemporary higher education. To support this approach, the Criminology and Forensic Studies programmes at the University of Winchester have included student research into miscarriages of justice. The students interrogate evidence from a criminal trial to attempt to establish if there has been a wrongful conviction. This article discusses the importance of this work for students of Criminology. It considers the contribution to the learning experience of the range of opportunities available to undergraduate and postgraduate students and evaluates the potential impact on curriculum and learning development during the degree programme, in addition to the benefits for future employment. [ABSTRACT FROM AUTHOR]

Central to the operation of the appellate system, is the ability of individuals who claim that their conviction is in error, to revisit and re-examine evidence gathered during the investigation, as well as that relied upon at their trial. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post conviction. There is also an imperative for forces to retain evidence in investigations in which no perpetrator has been detected or convicted, to facilitate cold case reviews. In order to give effect then to an appellate system and enable cold case reviews, evidence needs to be retained and properly stored. If materials are not retained and stored correctly, then re-investigations are rendered impossible. Retention is especially critical in respect of physical materials that could be subject to forensic examination. With the progress of science and technology, and the interpretation of results, it is essential that such physical (and now, often digital) materials are retained for future (re)evaluation. From analysis of responses to a Freedom of Information request to all police forces in England and Wales, and qualitative interviews with criminal justice stakeholders, this article examines the retention and storage of materials, and considers the operation and future of the Forensic Archive Ltd. It details a worrying picture of inconsistency, with confusion over what should be retained, and how. It concludes that justice demands that we accept that the proper retention and storage of materials is fundamental to the fair and effective operation of our criminal justice system, and ensures that the Court of Appeal can fulfil its remit in addressing wrongful convictions and forces can pursue justice in cold cases. [ABSTRACT FROM AUTHOR]

Over the last decade, reviews of the forensic science industry have addressed critical system failures and made recommendations for improvements to the industry. These reviews identify systemic risks and issues but they do not explicitly address the need for strategic risk and issue management systems to deal with the identified issues and to mitigate risks. Risk and issue management, along with quality management systems, are critical components of the forensic science 'system of systems', which describes forensic science as a supporting system in the larger criminal justice, law enforcement, intelligence, and military systems. The update of ISO 17,025:2017 General requirements for the competence of testing and calibration laboratories now includes a chapter on risk-based thinking. Furthermore, ISO 31,000 principle and guidelines for risk management was updated in 2018 and it is important for the forensic science industry to consider the updated ISO 17,025:2017 and ISO 31,000. In this paper, we discuss risk and issues management in relation to the forensic science system of systems. The purpose is to review the strategic risks identified in reviews of the forensic science industry to identify risk treatments to help to mitigate against critical system failure, such as miscarriages of justice. [ABSTRACT FROM AUTHOR]

Miscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur. [ABSTRACT FROM AUTHOR]

Colin Campbell Ross was hanged in 1922 for the murder of 12 year old Alma Tirtschke and pardoned by the Governor of Victoria in 2007. This paper tells the story of how forensic hair examination played a central and pivotal role in both the conviction and the subsequent pardon. The paper also considers whether or not the mistakes made in the original forensic examination could be made today given the limited approach used in the hair examination protocols followed by many contemporary forensic organisations. The paper argues that there is still a place for a criminalistics approach to the examination of hairs that requires a higher level of microscopic examination than in routine practice today. [ABSTRACT FROM AUTHOR]

After the conclusion of criminal proceedings, criminal evidence sometimes survives in what is described here as an afterlife. In its afterlife, criminal evidence is preserved in various locations; this article explores the museum as a repository for evidentiary exhibits. It examines the case of Lindy Chamberlain, the victim of Australia’s most notorious miscarriage of justice, and the evidence that has survived since her exoneration. Drawing upon interviews with Chamberlain herself, and also the curator of the Chamberlain collections at the National Museum of Australia, this article examines the challenges posed by curating a wrongful conviction. [ABSTRACT FROM AUTHOR]

The purpose of the criminal justice system is to deal with criminals by punishing them. However, in some cases, instead of the actual criminals, innocent individuals are convicted for a crime. The main question of this study is to consider the mechanisms of the criminal justice system to improve the unfair and inaccurate result of trail. Reopening trail, which is a mechanism that Iran's legal system, like many other countries, has predicted. However, some procedural restrictions such as laps of time, make problem to hear all claims of innocence. Actually, there will be innocent convicts who never will get the opportunity to prove his/her innocence. After conviction, criminal justice system assumes the conviction is completely true. Hence, it does not find itself responsible so much.Few countries, have special system includes commission and procedure to consider the claims of innocence. finally,the role of non-governmental organization and innocence movements in this connection is undeniable.

One of the main criticisms of the Criminal Division of the Court of Appeal has been that it is deficient at identifying and correcting the wrongful convictions of the factually innocent. These criticisms stem from the court’s perceived difficulties in relation to appeals based on factual error. The main ground of appeal for errors of fact is fresh evidence, and these appeals are particularly problematic because they require the court to trespass on the role of the jury somewhat in assessing new evidence on appeal against the evidence at trial in order to determine whether the conviction is unsafe. The broad consensus is that the court’s difficulties are caused by three main issues: its deference to the jury verdict; its reverence for the principle of finality; and a lack of resources to deal with huge numbers appealing. There is less agreement in identifying the source of the problems because it is not clear whether they derive from legislative powers or the interpretation of those powers by the judiciary. This article uses both qualitative and quantitative empirical research in order to try to determine what the court’s approach is in fresh evidence appeals and, if there are problems, whether it is the law or the interpretation of the law by the judiciary which is to blame. It also proposes reforms designed to make it easier for the court to rectify miscarriages of justice. [ABSTRACT FROM AUTHOR]

This article reflects on the author's 2005 article, "Rethinking the Study of Miscarriages of Justice," which sought to describe what scholars empirically knew at that time about the phenomenon, causes, and consequences of wrongful convictions in America. The 2005 article argued that the study of wrongful convictions constituted a coherent academic field of study and set forth a vision for a more sophisticated, insightful, and generalizable criminology of wrongful conviction. In this current article, the author revisits the ideas first developed in "Rethinking the Study of Miscarriages of Justice" to evaluate what scholars have learned about wrongful convictions in the last decade, and what challenges lie ahead for developing a more robust criminology of wrongful conviction. The article concludes that there have been significant theoretical, methodological, and substantive advances in the last decade, but that a root cause analysis of wrongful convictions has yet to come to fruition and urges empirical scholars to begin to study other sources of error and inaccuracy in the criminal justice system. Scholars should develop a criminology of erroneous outcomes, not just of erroneous conviction. By studying both sets of outcomes, scholars can improve accuracy and reduce errors across the board. [ABSTRACT FROM AUTHOR]

This article offers a brief overview of the current state of the Innocence Movement. It begins by reviewing what we know, and do not know, about the incidence of wrongful convictions and their correlates and causes. It then explores select issues that should receive greater attention to help sustain the Innocence Movement and ensure its advancement. Acknowledging that much has been learned about wrongful convictions and that important reforms have been enacted, the article concludes by observing that significant challenges remain and must be addressed before efforts to guard against convicting the innocent are relaxed. [ABSTRACT FROM AUTHOR]

Spanish correctional institutions admitted in 2014 more than 8000 people in pretrial detention. Some of them will be absolved after an inquiry and they will be found innocent having spent time in prison. The present study examines cases in which the State, in the interest of public safety, deprives innocent people of freedom. The ultimate purpose of this study is to analyze the possible presence of bias or judicial heuristics in decision-making. To this end, 70 sentences later compensated for wrongful detention and 136 convictions after pretrial detention have been systematically analyzed. The results showed that there were no significant differences in the age, the sex, the nationality, or the criminal records of the innocent and convicts. Nevertheless, differences in the type of crime have been observed. Serious crimes (murder or sexual assault) have been significantly more frequent in compensatory judgments, while the prisoners have been convicted of minor offenses (theft or crimes against road safety). Finally, we discuss the need to conduct research that is generalizable to a target ecology. This will allow study of wrongful convictions both in general and in the application of undue pretrial detention. [ABSTRACT FROM AUTHOR]