Miscarriages of Justice

Top PDF Miscarriages of Justice:

Argument & Critique. Key Words Shaken Baby Syndrome; Dr Norman Guthkelch; Child abuse; Miscarriages of Justice; Medical Criminology.

Argument & Critique. Key Words Shaken Baby Syndrome; Dr Norman Guthkelch; Child abuse; Miscarriages of Justice; Medical Criminology.

Now in his 90’s, he has become deeply concerned over how his work is being used (Brennan, & Castille, 2012). The discourse of Shaken Baby Syndrome stands accused of “circular reasoning, selection bias, imprecise case definition, unsystematic review publications, [and] conclusions that overstep the data” (Lantz, 2004b). Moreover, it has been substantially linked to miscarriages of justice (Sperling, 2014; Tuerheimer, 2009, 2011; 2014).

8 Read more

Righting Wrongs: Citizen Journalism and Miscarriages of Justice

Righting Wrongs: Citizen Journalism and Miscarriages of Justice

9 reluctance to censure criminal justice agencies – are as likely to perpetuate ‘miscarriages of justice’ as they are to deliver ‘open justice’. Those dissatisfied with the inquest process have no avenue of appeal. The inquest of Ian Tomlinson began on 28 th March 2011, and heard evidence until 21 st April. We would argue that the video footage of what happened to Tomlinson played a critical role in the jury’s deliberations. The level of controversy and news media interest surrounding the Tomlinson case ensured that the inquest would be a high profile event. Its importance was further signalled by the fact that it was conducted by the chief coroner, Judge Peter Thornton QC, who replaced the City of London coroner, Paul Matthews.
Show more

15 Read more

Public family law cases in the context of miscarriages of justice

Public family law cases in the context of miscarriages of justice

This analysis of how expert evidence is received explains the danger of a drift towards ‘trial by experts’ in public family law cases. This was one issue the Law Commission had concluded was problematic in relation to the criminal justice system where ‘jury deference’ was identified as a contributing factor to miscarriages of justice following flawed expert evidence (Law Commission Consultation Paper No 190 (2009): 9, para. 2.6; Law Commission (Law Com No 325) (March 2011): 170). Given the comments made in Re M & R (Per Butler-Sloss in Re M & R [1996] 4 All ER 239: para. 254B) about the extent to which public family law cases rely on expert evidence this issue alone encapsulates why it is important that flawed public family law decisions are also understood as capable of amounting to miscarriages of justice. In the family courts, parents are not the defendants and are thus unable to rely on a robust criminal appeal process where they are recognised as potential victims of a miscarriage of justice. They face the decision of whether their child is removed from them being made on a welfare criterion which is a broader consideration than whether or not they have carried out the acts or omissions of which they are accused. In addition, they face the decision concerning the child’s best interests being made to a much lower standard of proof than that required in a criminal trial. The use of expert evidence in such cases, including the use of expert evidence to assist with the ultimate issue which the court has to decide (Per Butler-Sloss LJ in Re M & R [1996] 4 All ER 239: para. 254B) in conjunction with the weight placed upon complex medical evidence has made it extremely difficult to see how a parent, once accused, can avoid an almost inevitable conclusion. A further problem is that if the judge in public family law proceedings considers that it is not germane to the proceedings to establish certain facts in order to ascertain what is in the best interests of the child, parents may find themselves unable to call their own experts on matters amounting to accusations against them. Parents may simply be unable to persuade the court it is relevant that they should be given the opportunity to rebut accusations.
Show more

16 Read more

Miscarriages of Justice and Exceptional Procedures in the 'War against Terrorism'. CEPS Special Report, September 2008

Miscarriages of Justice and Exceptional Procedures in the 'War against Terrorism'. CEPS Special Report, September 2008

Our argument is that the recourse to intelligence practices and the deployment of a counterinsurgency methods coming from the military field to qualify terrorism always lead to significant miscarriages of justice or a lack of justice (Guittet, 2006). The glue that brings together a number of failures and wrongful convictions in the very judicial system facing terrorism is the political climate of exception, generalised suspicion and the oscillation of the judiciary between resistance and deference to the primacy of intelligence data when terrorist acts are judged. To illustrate these various forms of judicial resistance/deference to the logic of generalised suspicion, we closely examine three examples of judicial involvement in the fight against terrorism that correspond to three different chronological and socio-political moments: • the ‘Guildford Four’, within the context of the multiplication of exceptional measures in
Show more

11 Read more

Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation

Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation

Based on the information that we obtained and reviewed, all of the cases studied satisfy the following conditions: no physical or other significant and credible evidence indicated the su[r]

69 Read more

Two Conceptions of Justice and the Dystopia of Global Justice

Two Conceptions of Justice and the Dystopia of Global Justice

My example is Hume’s account of the conventions of justice. It is a good example, I think, because Hume contends that such conventions do not presuppose the prior establishment of a political association. In Section III, I discuss the associational conception of justice. I argue that this conception always refers to distributional concerns within a particular kind of association, and I show that associational distributional criteria normally depend on the character of the relevant association. I also explain the problem of political or national justice in terms of the associational conception of justice. In Section IV, I enumerate some varieties of national political associations and briefly review the different distributional concerns generated by each variety. Section V is devoted to explaining why national political associations are contestable. Contestability, in such associations, derives from a twofold form of constitutional indeterminacy. In Section VI, I point out that international customs generally establish forms of transactional justice but not a regime of global redistribution. In Section VII, I discuss four types of international associations, and I contend that none of these associations can be construed as providing for global redistribution. In Section VIII, I assert that international associations do not offer the same leeway for constitutional interpretation that is present in most national political communities. The orthodox form of legal interpretation that international associations impose, together with their lack of sovereignty, constrain the self-transformative abilities of such associations. A natural outcome of these characteristics of international associations, which I discuss in Section IX, is that the practical import of global justice arguments is much more limited than that of domestic justice arguments. Because there is no way to argue that existing international organizations establish the essentials of a redistributive association, associational justice can justify no redistributive measure to which national States do not explicitly commit themselves by their spontaneous and sovereign decisions. In addition, because transactional justice is irrelevant for warranting those measures, global justice is a misnomer save as a label for designating a program for a global redistributive association. This new kind of association is not required by justice, and may even be hard to reconcile—conceptually and in practice—with basic civil liberties.
Show more

47 Read more

Criminal Justice. Criminal Justice, Computer Forensics

Criminal Justice. Criminal Justice, Computer Forensics

responsibility of each sub-system within the criminal justice system; an examination of the philosophy, history, structure, operation and interrelation of each sub-system component; a description of procedure from initial entry of the individual into the system to the final disposition. Three hours lecture.

5 Read more

Reformative Justice as a Framework for Juvenile Justice Reform

Reformative Justice as a Framework for Juvenile Justice Reform

The level of mental maturity cannot be determined with any degree of accuracy and precision and results are prone to vary. According to Maharullah Adenwalla – The Juvenile Justice (Care & Protection) Act 2015 has reversed the well founded principle of Juvenile Justice by allowing Juvenile Justice Boards to waive the right of Children above the age of 16years who have committed a heinous offence into the criminal justice system. This means that the treatment of the Juvenile will depend upon the offence committed instead of his situation. 4
Show more

7 Read more

Chief Executive. Secretary for Justice. Department of Justice

Chief Executive. Secretary for Justice. Department of Justice

Director of Public Prosecutions Benedict Lai Frank Poon Solicitor General Paul Wan Law Draftsman Arthur Ho Director of Administration and Development Secretary for Just[r]

30 Read more

Restorative Justice and Retributive Justice: An Opportunity for Cooperation or an Occasion for Conflict in the Search for Justice

Restorative Justice and Retributive Justice: An Opportunity for Cooperation or an Occasion for Conflict in the Search for Justice

benefits from subjecting the offender to control by the state must be viewed as presenting opportunities for social efforts to derive benefit from the presence of the offender in the correctional system—not the reason for state control of the offender. To make these consequential concerns the justifications for punishment would necessarily involve using the offender for social benefit. This would necessarily diminish the offenders’ autonomy. The offender should be punished because he or she deserves to be punished for choosing to violate an official rule of behavior. To punish the offender because he or she needs to be rehabilitated or because the offender can be made to be an example to instruct others, involves using the offender for some purpose. Retributive punishment is based on human autonomy and respect for the individual as a rational actor obligated to conform to the law. The law says “do not do x” or you will be “punished by the penalty y.” When the offender chooses to do “x,” he is actually choosing to be “punished by penalty y.” The basic principle is simple: when an offender has violated rules or laws, the offender deserves to be punished because it is necessary for justice to be reestablished; moreover, the offender has to be punished in proportion to the severity of the wrongdoing. 72
Show more

34 Read more

Another King of Justice: Transitional Justice as Recognition

Another King of Justice: Transitional Justice as Recognition

This argument suggests that we should pursue punishment not prima- rily in search of deterrence or moral improvement, but rather as a way of validating and vindicating [r]

65 Read more

Restorative justice as postmodern justice: exegesis and critique

Restorative justice as postmodern justice: exegesis and critique

This essay explores the relationship between postmodernism and RJ. Postmodernism quickly outgrew its non-legal origins and has extended its reach to incorporate matters legal. Already, it has established a significant presence in the law, as increasing numbers of legal theorists have adopted or included a postmodern perspective in their analytical endeavours. The particular concern of the essay is with the impact of postmodernism upon the field of criminal justice. In this connection, it is submitted that RJ is the exemplification of the postmodern attitude in criminal justice. This submission is grounded in an investigation of the interrelations between postmodernism and RJ in six spheres, namely, the state, history, alterity, power, subjectivity and consumerism. This investigation shows that in each sphere there is a discernible and compelling postmodern flavour to the RJ tenet in question. In consequence, it is posited that the intersection between postmodernism and RJ is significant enough to justify the proposition that if there is a postmodern criminal justice it is RJ. In other words, RJ is postmodern justice. However, the relationship between postmodernism and RJ is steeped in contradiction. The latter part of the essay seeks to probe this contradiction, via an exposition and critique of the political economies of postmodernism and RJ, with a view to comprehending its implications for the future of RJ.
Show more

40 Read more

Is justice deferred, justice denied? Not necessarily

Is justice deferred, justice denied? Not necessarily

objective of resolving 92% of its enforcement actions (exceeded in 2013). See Securities and Exchange Commission, ‘Fiscal Year 2013 Agency Annual report’ Table 1.10. http://www.sec.gov/about/secpar/secafr2013.pdf#contents accessed 11 September 2014. The DoJ state between 2009 and 2013, it charged more white-collar defendants than during any previous five-year period going back to at least 1994. Since 2009, in over 60 cases against financial institutions resulting in recoveries totaling over $85 billion. See Department of Justice, ‘Attorney General Holder Remarks on Financial Fraud Prosecutions at NYU School of Law’ http://www.justice.gov/opa/speech/attorney-general- holder-remarks-financial-fraud- prosecutions-nyu-school-law accessed 30 September 2014.
Show more

15 Read more

Abortion, ectopic pregnancy and miscarriages in Sub  Saharan Africa: Challenges of Rhesus isoimmunisation  in Rhesus negative women

Abortion, ectopic pregnancy and miscarriages in Sub Saharan Africa: Challenges of Rhesus isoimmunisation in Rhesus negative women

]. Administration of anti-D immunoglobulin (Ig) is recommended after spontaneous miscarriage in an Rh- negative woman with no anti-D antibodies [80]. Coun- tries in SSA need to implement these evidence-based best practices. The knowledge of medical staff in A & E on the effective management of miscarriages in Rhesus negative women needs to be optimised. Policies on man- datory determination of blood group in all women pre- senting with miscarriages and administration of prophy- lactic immunoglobulin D should be implemented as a matter of urgency in SSA to reduce the risk of Rhesus (Rh) haemolytic disease. If bleeding continues intermit- tently after 12 weeks gestation, anti-D immunoglobulin should be given at six weekly intervals. A minimum dose of 250 IU of anti D is required to clear 2 ml of foetal bleed. Anti-D should preferably be administered deep into the deltoid muscle to facilitate optimum absorption as soon as possible after the sensitizing event. If anti-D is not given within the first 72 hours, a dose given within 9
Show more

12 Read more

Justice Delayed is Justice Denied: the Role of Justice in Pakistani Society, an Overview

Justice Delayed is Justice Denied: the Role of Justice in Pakistani Society, an Overview

The difficulty here is that everyone at some position has a different understanding of exact and incorrect, and they turn rules according to their power and weaknesses in devotion. It is in fact a succession of this hypothesis and state of mind that led to radicalism. Laws and the Justice System should only be distinct by the status and implemented by Law Enforcing Agencies, functioning under the state. This golden rule (justice) was adopted by all of today’s first world countries, which gave them success. They implemented a simple justice system that punished the people who did “bad”.
Show more

6 Read more

Can Justice Reinvestment Deliver Social Justice?

Can Justice Reinvestment Deliver Social Justice?

achieved by the JRI is not laudable. In a wry comment, Mark Mauer, interviewed for their comprehensive review of JR for the book by Brown and colleagues observed that the article (referenced immediately above) which he contributed to should have been retitled, “What you are doing is good…but don’t call it Justice Reinvestment” 25 .

18 Read more

U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

Assistance in producing this Guide has been provided by Jane Johncox, Dakota County, MN; Susan Day, West Palm Beach, FL; and Deborah Brockman Galvin, Deschutes County, OR. Numerous juvenile justice professionals from BARJ Project demonstration sites and other innovative jurisdictions across the United States, Canada, and Great Britain provided information about their programs and processes. Juvenile justice professionals, victim advocates, and policymakers who reviewed the material and made valuable comments include Sandy Duncan, Stephanie Haider, George Kinder, Bruce Kittle, Anne McDiarmid, Carolyn McLeod, Jim Moeser, Caroline Nicholl, Brenda Urke, Maddy Wenger, and Earl Wright. Lillian Abelson gathered in- formation about resources, practices, and program examples, and Robert Schug provided word processing assistance and supported the preparation of this document.
Show more

95 Read more

RESTORATIVE JUSTICE ACTION PLAN FOR THE CRIMINAL JUSTICE SYSTEM

RESTORATIVE JUSTICE ACTION PLAN FOR THE CRIMINAL JUSTICE SYSTEM

professionals. We need to have consistent messages related to the purpose and value of restorative justice, presented in a way that captures the victim’s attention and builds confidence. Information and guidance needs to be shared between the local criminal justice system, community services and networks, including local authorities. These aims are consistent with the Government’s 2012 responses to the Getting it right for victims and witnesses and Effective community

6 Read more

Recovery and Restorative Justice: Systems for Generating Social Justice

Recovery and Restorative Justice: Systems for Generating Social Justice

This chapter aims to contribute to the Volume’s central objectives by providing an original, theoretical contribution that compares two related paradigms predicated upon similar principles: RJ and addiction recovery. We believe that whilst the parallels have been recognised, previous literature has not yet demonstrated clearly how they align and where they can learn from one another. Throughout the chapter, we focus upon the concept of community reintegration by arguing that, as adherents of Positive Criminology theory, this is where they most coherently parallel one another. Both seek to create positive social bonds, in which the wellbeing of all those involved, on micro (individual), meso (social/community), and macro (broader systems of social justice) levels (Gavrielides, 2015), are restored through the formation of a generative virtuous cycle, which creates resources to facilitate further positive change. We argue that RJ and Recovery Oriented Systems of Care (ROSC; Sheedy & Whitter, 2009; White, 2008) are ultimately “levers” that power individuals towards reintegrative forces, although it is ultimately wider societal structures (both meso and macro levels) that enables the full reintegration process to occur. We believe UK Restorative Cities (such as Hull and Leeds) are, arguably, a demonstration of this process functioning fully, generating community wellbeing and enhancing social justice by challenging exclusion and stigmatisation of marginalised groups who are attempting to reintegrate. We therefore suggest the construction of a “Recovery City”, based upon the infrastructures, principles, and culture of “Restorative Cities”.
Show more

15 Read more

U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

Department of Justice (DOJ), Office of Justice Programs, developed general recom- mended criteria for law enforcement agencies to use and/or modify for their specific needs to help [r]

37 Read more

Show all 4228 documents...