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Identifying Miscarriages of Justice: Why Innocence in the UK is Not the Answer.

Authors :
Quirk, Hannah
Source :
Modern Law Review. Sep2007, Vol. 70 Issue 5, p759-777. 19p.
Publication Year :
2007

Abstract

This article examines two contrasting proposals for the reform of criminal appeals: the government's recent proposal that the guilty should no longer have their convictions quashed on ‘technicalities’; and calls by campaigners for the Court of Appeal to consider innocence rather than the ‘safety of the conviction,’ together with their associated attempts to establish Innocence Projects in the UK. Despite the rhetorical power of ‘innocence’ as a campaigning tool, it is contended that to import such a standard into the legal system would be retrogressive and counter-productive, both as a safeguard against wrongful convictions and in protecting the integrity of the system. In order to be meaningful, due process protections must apply to all. The government's proposals attack this principle directly; innocence campaigners risk unwittingly assisting their endeavours. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00267961
Volume :
70
Issue :
5
Database :
Academic Search Index
Journal :
Modern Law Review
Publication Type :
Academic Journal
Accession number :
26260948
Full Text :
https://doi.org/10.1111/j.1468-2230.2007.00662.x