The Innocent and the Criminal Justice System


Book Description

The Innocent and the Criminal Justice System examines competing perspectives on, and definitions of, miscarriages of justice to tackle these questions and more in this critical sociological examination of innocence and wrongful conviction. This book: - Is the first book of its kind to cover wrong convictions, from definition and causation to the limits of redress - Provides a wealth of case studies and statistics to apply theoretical discussions of the criminal justice system to real-life situations - Discusses ideas and challenges that are highly relevant to current political and social debates Elegantly written by a leading expert in the field, this book is essential reading for students of criminology, criminal justice and law, looking to understand the workings of the criminal justice system and how it can fail the innocent.




Guidelines Manual


Book Description







Criminal Appeals Handbook


Book Description

With a Foreword by Sir Adrian Fulford, Vice President, Court of Appeal Criminal Division. Are you appealing from the Crown Court or the Court of Appeal? The Criminal Appeals Handbook, Second Edition is THE 'how to' guide to appealing from the Crown Court to the Court of Appeal and beyond, to assist those who seek to challenge a conviction or sentence imposed in the Crown Court. In short, concise chapters this book describes each stage of the appeals process and introduces the reader to the language, law and procedure of pursuing an appeal. It presents ways of investigating what may have gone wrong and what resources and funding is available through legal aid, in order to identify potential grounds of appeal. In addition it provides an overview of interlocutory appeals, responding to prosecution appeals and considering the position of defendants who suffer from mental disorders. It follows the process through to the conclusion of the case in the Court of Appeal, and beyond, covering appeal to the Supreme Court, the Criminal Case Review Commission, and international remedies through the ECtHR and UNHRC. The Second Edition is updated to take account of: The revised Her Majesty's Courts and Tribunals Service Guide to the procedures that must be followed on appeal Amended statutes, Criminal Procedure Rules and Practice Directions in relation to appeals Recent substantive case law in relation to key appellate issues, including the duty of fresh representatives in conviction appeals to consult trial lawyers Important guidance given by the Court of Appeal on the meaning of 'substantial injustice' The court's approach to further information or evidence in sentence appeals and the role of the Court of Appeal in relation to Sentencing Guidelines An invaluable guide to an often-daunting area of criminal litigation for barristers, solicitor advocates and students of the topic. '...a truly useful insight to the otherwise, potentially daunting, web of Court of Appeal procedure... the Criminal Appeals Handbook is a hugely impressive work... I, for one, will not be making my way to the High Court from now on without a copy' Counsel (Review of the previous edition) Joel Bennathan QC, Doughty Street Chambers, has an established defence practice in serious and complex crime with a specialism in a broad range of appeals. He is listed as a band 1 QC by Chambers and Partners and the Legal 500. Rebecca Trowler QC, Doughty Street Chambers, is listed as a leading Band 1 silk in criminal law. She has extensive experience in the most serious, complex and highprofile criminal trials and appeals. Gregory Stewart is a director at GT Stewart where he is head of their specialist appeals team. They are a nationwide firm undertaking private and publicly funded appeals. They have acted in many notable appeal cases and are recommended ranked in both Chambers UK and the Legal 500.




The Innocence Commission


Book Description

Beyond Exonerating the Innocent: Author on WAMU Radio Convicted Yet Innocent: The Legal Times Review Choice Outstanding Academic Title for 2008 DNA testing and advances in forensic science have shaken the foundations of the U.S. criminal justice system. One of the most visible results is the exoneration of inmates who were wrongly convicted and incarcerated, many of them sentenced to death for crimes they did not commit. This has caused a quandary for many states: how can claims of innocence be properly investigated and how can innocent inmates be reliably distinguished from the guilty? In answer, some states have created “innocence commissions” to establish policies and provide legal assistance to the improperly imprisoned. The Innocence Commission describes the creation and first years of the Innocence Commission for Virginia (ICVA), the second innocence commission in the nation and the first to conduct a systematic inquiry into all cases of wrongful conviction. Written by Jon B. Gould, the Chair of the ICVA, who is a professor of justice studies and an attorney, the author focuses on twelve wrongful conviction cases to show how and why wrongful convictions occur, what steps legal and state advocates took to investigate the convictions, how these prisoners were ultimately freed, and what lessons can be learned from their experiences. Gould recounts how a small band of attorneys and other advocates — in Virginia and around the country — have fought wrongful convictions in court, advanced the subject of wrongful convictions in the media, and sought to remedy the issue of wrongful convictions in the political arena. He makes a strong case for the need for Innocence Commissions in every state, showing that not only do Innocence Commissions help to identify weaknesses in the criminal justice system and offer workable improvements, but also protect society by helping to ensure that actual perpetrators are expeditiously identified, arrested, and brought to trial. Everyone has an interest in preventing wrongful convictions, from police officers and prosecutors, who seek the latest and best investigative techniques, to taxpayers, who want an efficient criminal justice system, to suspects who are erroneously pursued and sometimes convicted. Free of legal jargon and written for a general audience, The Innocence Commission is instructive, informative, and highly compelling reading.




The Justice Gap


Book Description

The authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims.




Textbook on Criminal Law


Book Description

Textbook on Criminal Law combines succinct focused coverage, alongside the author's respected critique and analysis of the law, judgements, and legal reform. Covering all of the topics studied on undergraduate and GDL criminal law courses the text provides the ideal balance of coverage and detail.




Convicting the Innocent


Book Description

On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Marine A


Book Description