Wrongful Convictions And The Criminal Justice System Essay

Wrongful Convictions And The Criminal Justice System Essay

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In recent years, wrongful convictions have increased in the criminal justice system. Applications are being received by the court which becomes revisited overtime. These applications are from victims who were wrongfully convicted of a crime they did not commit. Wrongful conviction is often mistaken with the term ‘miscarriage of justice’. A distinguishing feature of miscarriage of justice is that it cannot occur unless and until an applicant succeeds in an appeal against a criminal conviction, until then the applicant remains an alleged miscarriage of justice. However, the court of appeal’s concern is to make sure the conviction is regarded safe not whether the decision of the jury was right or wrong.
Wrongful convictions occur from deliberate fabrication of evidence, false confession, mistaken eyewitness, judicial corruption, imperfect forensic science, inadequate defence misrepresentation, issues of race e.t.c.

HISTORY AND DEVELOPMENTS
Judges in criminal cases developed a practice where they met informally to ascertain whether they had erred in their judgements. This was done by a writ of error, in which the convicted person would obtain a review, if there had been some irregularity with the proceeding, if the appeal was to be on the basis of misdirection by the judge, then the appeal was not available and the other is by writ of certiorari, where the defendant must show that there was a very goof reason for the appeal, and this procedure was at the discretion of the court.
In 1844, the first bill to establish a court capable of reviewing convictions on indictment was presented by Mr. Fitzroy Kelly. Other supporters of the movement were Lord Campbell who introduced the appeals in criminal cases bill in 1848 the proposed to give...


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...achievement of the Criminal Cases Review Commission, there were a lot of criticisms from commentators some of which have focused on the mode of decision making by the CCRC and the procedure and manner of review of applications by alleged victims of miscarriage of justice. These critics mention that there is a growing trend of refusal to refer cases by the CCRC. Some of which are Lack of Independence and Incompetent investigation.

In Conclusion, the earlier acts are the fundamental grounds that began to build up moderately as a mechanism for the miscarriage of justice. However, the acts did not help in making the justice system better. The 1995 act proves to be better than the previous acts in making the justice system more effective, the system still needs an improvement and needs to undergo more amendments for the people of England, Wales and Northern Ireland.

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