Rethinking Miscarriages of Justice Beyond the Tip of the Iceberg

by Naughton, Michael

• ISBN13: 9780230019065
• ISBN10: 0230019064
• Format: Hardcover
• Copyright: 2007-10-15
• Publisher: Palgrave Macmillan

Summary

This book answers the question: what precisely constitutes a miscarriage of justice in England and Wales?

Author Biography

MICHAEL NAUGHTON is a Lecturer in Law at the University of Bristol, UK. He is Founder and Co-ordinator of the Innocence Network, UK, Founder and Director of the University of Bristol Innocence Project and a steering group member of Progressing Prisoners Maintaining Innocence. He has published widely on miscarriages of justice.

Table of Contents

List of Tables	p. x
Preface	p. xi
Introduction	p. 1
The aim of the book	p. 3
Theoretical lens	p. 6
The structure of the book	p. 10
What is a Miscarriage of Justice?	p. 14
Introduction	p. 14
Popular discourses and what the criminal justice system actually delivers	p. 15
What, precisely, is a miscarriage of justice?	p. 17
Public and political discourses	p. 19
Miscarriages of justice from the perspective of the criminal justice system	p. 21
Governmentality and the birth of due process	p. 26
Governing government	p. 32
Conclusion	p. 35
The Official Miscarriage of Justice Iceberg	p. 37
Introduction	p. 37
Towards a typology of miscarriages of justice	p. 38
Exceptional miscarriages of justice	p. 39
Routine miscarriages of justice	p. 41
Mundane miscarriages of justice	p. 41
Methodological issues	p. 42
A critical pragmatist approach to the inclusion of all successful appeals	p. 46
Conclusion	p. 51
Causation: Beyond the Official Miscarriage of Justice Iceberg	p. 53
Introduction	p. 53
Theoretical perspectives	p. 55
The focus on individual causes	p. 59
Methodological approaches	p. 68
Procedural causes	p. 69
Conclusion	p. 78
Government	p. 79
Introduction	p. 79
The governmentality of the criminal justice system	p. 80
The establishment of the Court of Criminal Appeal	p. 81
The abolition of capital punishment	p. 82
The introduction of the Police and Criminal Evidence Act (1984)	p. 82
The establishment of the Criminal Cases Review Commission	p. 83
Power, knowledge and resistance	p. 85
The limits of the existing governmental voice	p. 90
Conclusion	p. 93
Campaigns	p. 95
Introduction	p. 95
Campaigning organisations: diversity and complementarity	p. 97
Campaigning organisations and governmentality - observing the observers	p. 101
Why the focus on exceptional cases?	p. 105
The production of the raw material for governmentality	p. 108
Achievements and limitations	p. 114
Conclusion	p. 117
Academia	p. 119
Introduction	p. 119
The academic response	p. 120
Criminal Justice in Crisis and the Royal Commission on Criminal Justice	p. 123
Governmentality and changes to the criminal justice system	p. 127
Conclusion	p. 132
Human Rights	p. 134
Introduction	p. 134
Existing invocations of the Human Rights Act (1998)	p. 136
The unlawfulness of the current scale of successful appeals against criminal convictions?	p. 140
Conclusion	p. 157
Zemiology	p. 161
Introduction	p. 161
Conceptual and methodological issues	p. 162
The wider harms of miscarriages of justice	p. 165
Social harm	p. 166
Psychological harm	p. 170
Physical harm	p. 171
Financial harm	p. 173
Critical remarks	p. 178
Conclusion	p. 185
Conclusion	p. 187
Notes	p. 192
References	p. 199
Index	p. 222
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