Miscarriages Of Justice Flashcards
CAUSES OF MISCARRIAGES OF JUSTICE
wrongful identification
Agents of the criminal justice system offer some form of inducement in return for evidence. For example ‘prison grasses’ provide false evidence for a bargain as in Reg Dudley who was wrongfully imprisoned for 20 hrs due to a bargain between a police man and an informant who received a reduced sentence.
Financial payment as in Mahmood mattan who was executed in 1952 due to the prosecution paying a ‘witness’ to testify against him.
CAUSES OF MISCARRIAGES OF JUSTICE False confessions (justice 1989: 15-16)
3 groups:
1- the voluntary group- confess because they fantasies about committing crimes as in Ashley king and Bill Waugh who jointly convicted in 1986 for the murder of Margaret green. King quashed 13 yrs later due to ‘vulnerability’. Waugh acquitted in 1987 due to ‘unsafe and unsatisfactory’
2- the guilt group. Confess because they have general feelings of guilt about some aspect as in Andrew Evans confessed in 1972 that he murdered Judith Roberts. Conviction quashed in 1997 due to his psychiatrist finding it to be a false memory because of his anxiety.
3- the coerced group. Person seems suggestible in personality. Stephen Downing convicted of the murder of Wendy Sewell in 1974. Quashed in 2002 the ‘police officers who questioned him before he confessed had committed “substantial and significant” breaches of the rules on interrogations suspects.
WAYS IN WHICH THE STATE CAN VICTIMISE INDIVIDUALS
Guilford 4
Loads of ira bomb attack in 1970’s so government introduced prevention of terrorism act 1974 which allowed to arrest on suspicion of terrorism, led to arrests and convictions of innocent people.
October 1975, 3 men 1 women all given life sentences for the ira bombings.
Appeal against conviction failed in 1977 despite other ira defendants awaiting trial had claimed responsibility.
1987 it was found that typescripts and interviews had been tampered with, confessions a gained under duress and detention sheets falsified.
1989, after 15years imprisonment convictions were successfully appealed.
WAYS IN WHICH THE STATE CAN VICTIMISE INDIVIDUALS
Birmingham 6
1974 6 men convicted of the Birmingham pub bombings, caused more deaths then any other ira incident in Britain.
Revelations about the police fabrication of statements and new uncertainties about the quality of the forensic evidence test resulted in their realise in 1991.
WAYS IN WHICH THE STATE CAN VICTIMISE INDIVIDUALS
Angela Cannings
Wrongly jailed for smother her 2 children to death in 1991 and 1999.
Overturned in 2003 based on experts advice that it was unsafe.
Later found to both have died of cot death.
Told would not receive any compensation on two occasions. Successful in 2008, 5 yrs later.
Remaining daughter does not want to see her and suffered panic attacks. She struggled to readjust back into life. Husband lost his job due to stress and depression.
WAYS IN WHICH THE STATE CAN VICTIMISE INDIVIDUALS
Colin Stagg
1993 arrested and charged for the brutal murder of Rachael Nickell.
1994 formally acquitted and the judge ruled that the police had tried to incriminate a suspect by ‘deceptive conduct of the grossest kind’
There was Dna evidence at the time of another suspect but was not followed up by the police. He has now been convicted of her death.
2008, 14yrs later he receives compensation and an apology from the met police.
WHAT ARE THE IMPLICATIONS FOR THOSE INDIVIDUALS.
Compensation
No automatic entitlement.
Lawyers reported to the guardian last year that they feared that victims would find it harder to get compensation under the new scheme that was implemented in March 2014 as they would only be awarded “if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence.
Deductions can also be made from the applicant for saved living expenses. For example 2 of the bridge water 4 had their awards reduced by £60,000 for prison board and lodgings.
This can be very problematic as it was the state that caused the damage to occur through the failings of the criminal justice process and agencies.
WHAT ARE THE IMPLICATIONS FOR THOSE INDIVIDUALS
Lack of support
They are released with little money and no support.
Some of the time their family have disowned them and often spend their first night of freedom on the streets.
“They come out with no money and no counselling. They have no references, it is difficult to open a bank account and you can’t get a mortgage. They have no GP. they don’t belong” (Dudley, 2002)
WHAT ARE THE IMPLICATIONS FOR THOSE INDIVIDUALS
Social harms
Impacts the family and friends of the victim of the miscarriage.
Married victims with children the social harm of wrongful imprisonment can be conceived as most socially harmful as the impacts are more widely felt.
E.G - Paddy Hill (B6) “me, I died in prison, inside” indicating that he will never get over the 16yr imprisonment during which his wife divorced him and his children grew up in children’s homes.
Another social harm in the stain on their reputation even after a successful appeal. Annette Hewins who was successful in an appeal in an arson attack that killed 3 people said “I was exonerated by the courts but not in the community” this is a feature of whispering campaigns. The guilty if victims continue long after they have been appealed.
WHAT ARE THE IMPLICATIONS FOR THOSE INDIVIDUALS
Physical Harms
“Would include assaults, illness and disease, lack of adequate food, shelter or death, torture and brutality by state officials” (Hilliard&tombs 2001)
Keith twit hell who was legged to have take. Part in an armed raid. 8/9 officers handcuffed his writs to the back legs of the chair he was sat on. A plastic bag was placed over his head and pressed against his nose and mouth. This was repeated until his resolve was broken and agree to sign the statement put in front of him. 13yrs of wrongful imprisonment.
WHAT ARE THE IMPLICATIONS FOR THOSE INDIVIDUALS
Psychological harm
“Would cover any psychological or emotional distress arising from the events and behaviours outside of an individual’s control” (Hilliard&tombs 2001)
Study by a psychiatrist examined 18 victims of long term wrongful imprisonment over a 12 yr period. He found that they were all suffering from irreversible, persistent and disabling post dramatic stress syndrome.
2000. 11 yrs after release Gerry Conlon (G4) claimed he was still going through a ‘Terrible time, getting dreadful flashbacks’ adding to his psychiatrists telling him that ‘he has never experienced a worse cases pdss, worse then the soldiers in the Falklands war’.
States responsibility in relation.
There are 3 main ways
1- victims punished unfairly or disproportionately.
Those who are suspected of terrorist activity are placed in harsh conditions such as house arrest and then police have the power to hold then up to 28days without even charging them.
2- WHEN THE STATE FAILS TO PROTECT THE RIGHTS OF OTHERS.
when a miscarriage happens the wrongdoer is still at Liberty.
3- WHEN THE STATE BREACHES THE INDIVIDUALS ARTICLE 5.
when they are wrongly imprisoned and also any unwarranted police attention such as Stephen Lawrences’ brother was stopped 25 times.
REFORMS
Royal commission on criminal justice
Established 1991to inspect the efficiency of the cjs.
1993 reported and recommended that the C.O.A must be more ready to examine possible miscarriages of justice. And the transfer of the responsibility to review alleged cases from the home office to an independent body. As a result the criminal cases review commission was established.
REFORMS
Criminal cases review commission
Through the enactment of the Criminal appeal act 1995 it became operational in 1997. It is completely independent and impartial.
Only referes a cases if there is a ‘real possibility’ that the conviction will not be upheld.
Criticisms of the commission relate to the failure to interview more then a small proportion of applicants.
REFORMS
pace
In pre-pace era it was easy for police to commit offences while investigating cases and get away with it due to the absence of such statute. Aim was to create a balance between the powers of the police and members of the public.
