Miscarriages of Justice

Its a general problem non specific to the faithfulness of the join Kingdom a inculpative arbiter governing body characterized by an speech pattern on righteousness-breaking assert quite an than due carry through will needs produce miscarriage of justice. In an fanciful world the constabulary would ever go by the correct issuances scarcely in a historical world its the new(prenominal) way. When they dont which way do they be to err? Which way do we want to err? We want the integrity to err on the side of acquitting blameful tribe rather than convicting ones.It is generally accepted that the price of a fair poisonous legal expert dodging will be acquittal on a trivia of those who begin committed roughshod offences or beca physical exertion of a failure of evidence, where as condemnation of the exone pointd is never acceptable and should it exclude speedy measures should be guide onn to discipline the injustice. The felon fairness moldiness be enforced efficiently by the agencies to jurisprudence force the criminal law.There atomic come in 18 two principal(prenominal) values that model the criminal Justice System, the offensive activity chasteness vex which focuses to secrete union from execration and the due answer form which focuses on individual liberties to be nurseed. The horror control pretence ensures that a civilized society sens protect all of its citizens from victimization by criminals. that whether this has guideed is questionable be make water when the flagitious Justice System is tip more than towards annoyance control there is a chance of an sinless person being convicted of a crime he never committed therefrom forming a miscarriage of justice.In recent clock countries like United Kingdom, America, Canada and Ireland hand tilted more towards crime control primarily because of the frightist attacks that shook those nations. Moreover the racial maneuverment in the law and i n like manner in the society has led the crime control to be harsh on the society. The miscarriages that happen by chance due to invidious police practices, it may be due to amateur scientific evidence or the over-reliance of the approach on expert testimony. Where mistakes, do by those who fork over power deep down the handle so this power when abused can arrest critical consequences.The protection of open remains fundamental to the exhibit of justice and for many the sole purpose, it should not be absolute according to Ashworth (1998). The acquittal of guilty persons can also be seen as a miscarriage of justice. The act upon of justice is one marked by the use of agency and individual discretion, most notably by the police. Both the due process and crime control models allow for that discretion, although the actor does seek legislative means for bring down its use and influence.The crime control model relies on presumption of guilt, the recognition that victims shou ld have more rights than the accused, belief that prison and other punishment must be afflictive in order to work, belief that sentences must be wide to protect the everyday and belief that keeping order on the passageway is more important than future(a) the letter of the law. The crime control model is ab place focusing the purpose of the poisonous Justice Process on the demands of the volume of citizens who are law bide.It seems clear that the menses Criminal Justice Process was k at one timeing for the much lower direct of crime that existed in the past and is too bureaucratic, meter consuming and inefficient to deal in effect with the sheer volume of crime that straightaway exists. This system demands a high level of informal fact finding, the causal agent is dealt with distant of the formal court setting as much as possible. The model rightly assumes that offenders rights are less important than victim rights and justice is for the majority of law abiding citiz ens not for the minority of repeat offenders.This model of justice accepts that there will be a few aberrant cases where the innocent(p) are convicted, that this is justified by the notion that crime control irresistibly achieves the greater good for the majority. At the outside(a) level miscarriage of justice is the drug-addicted of norms scarcely its meaning is imprecise. Lord Phillip and browned presume the man on the street would define miscarriage of justice as the reliance of the innocent. It was stated in the royal court of Appeal case of Exp.Bateman(1994) that man power define the term more broadly, to ack this instantledge those convicted when they should not have been. In countries the policing the law we see that more power has been vested in the police which is one reason for the crime control model to cause miscarriages of justice. particularly in America aft(prenominal) the 9/11 terrorist attack the government has taken measures to prevent crimes as much a s possible. The 9/11 attack not only influenced the government but influence the society to give ear at people an a suspicious way.For example after the 9/11 attack a muslim person, with his beard and his dress code, walks in the street with a bag on his hand or back, people look at him as if he is a terrorist with a bomb. This view of society should neuter for it is society that battlegrounds the police and the government to unwarrantable pressure. In two hundred5 the terrorist attack in capital of the United Kingdom (7/7) killed 56 people and 700 were injured. This was the largest and deadliest terrorist attack in London in history. It is clear that law enforcement agencies powers have increases with the statutes that have been enforced.The Terrorist conduct 200 created a power to carry out blanket stop and searches. The Anti- Terrorism discourtesy and Security Act 2001 introduced new powers for the exchequer to freeze terrorist funds and control orders on terrorist suspec ts can be imposed at a lower place the Terrorism Act 2005. The Terrorist Act 2006 gives police the power to detain terrorist suspects up to 28 days. Not only the acts gave the police powers but it always helped them misuse it. The police reform Act 202 supplements existing police powers which keep abreast the established trend towards broadening powers of law enforcement agencies and diluting the safeguards for the suspect.The war on terror is now a common feature of crime prevention and detection in United Kingdom. guard appear to tour the streets in far greater numbers than they did foregoing to 9/11 and 7/7 attacks. More over there is an produce as to an ethnic minority in the law enforcement agencies. Local communities, where those being policed have felt for some years that powers have by the police have function too intrusive and are being used in a discriminatory way to target particular groups within the community.Research has shown that that B pretermit and Asian pe ople are more likely to be halt under the provisions of the Terrorism Act 2000 than white people. When police powers are increase for the protection of citizens from terrorist attack they need to be employed even more guardedly to ensure that citizens do not flex as vulnerable to the police as they do to the terrorist attack. However increased powers of policing maybe necessary to contain the threat of terror and to ensure national security is maintained.Recent cases have showed that where police and other agencies have made a mistake or has been use their powers there has been a miscarriage of justice. In Dabilola Taylors case it was observed how lack of techniques and skills on the part of the investigating officers takingsed in bringing to justice who killed Dabilola. In Stephen Lawrence case it was proved that there was racism in the police force. In Confait it was revealed that the conviction found on confession had been made subject to oppression. JeanCharles de Menezes was shot by the Metropolitan Police armed forces who believed he was a terrorist but later found out he was not. Moreover the changes that have been taken place within the statutes also may cause a miscarriage of justice. In surface-to-air missile Hallams case the regards evidence was not inconsistent with the antecedent evidence. The long standing rule at common law was that where a witnesss testimony in court was inconsistent with a previous statement, it could not be treated as evidence as to the truth of its meanss. Juries could not take account of the contents of such statements in r separatelying their verdict.This rule was changed by subdivision 119 of the Criminal Justice Act 2003 which now allows previous inconsistent statements to be admitted in evidence. Reforms and recommendations have been implemented to reduce the rate of crime and not let an innocent person be guilty of a crime he never committed. The Criminal Procedure and Investigations Act 1996 came into force The CCRC is supercharged with reviewing convictions and sentences referring them to the appropriate court if it finds a real possibility that the court will essay a conviction unsafe or a sentence excessive.The CCRC covers England Wales and Northern Ireland and start out almost 1000 new applications each year. One could say that the implementation of the CCRC has been a big impact because it gives the proper result. The CCRC front review was that of Derek Bentley where the Court of Appeal quashed the conviction unsafe, which was a victory for the commission but not for Derek Bentley, who was hung way back in 1953. The commissions do produce good result but the fact is that it takes a long time to deliver the goods.Many reforms have been implemented in recent years have eliminated or significantly reduced the number of wrongful convictions arising as a result of or permitted because of lax procedures, notably Police and Criminal Evidence Act and the rules on the disclosure of evi dence by the Crown. match to Roskill report crime control strategies tend to stress towards The English System has been charactarised in some ways by the take to the woods from crime control to due process over the last 15-20 years. It is notable that the society wants to be free of crime and also they need their liberties to be protected but it is hard thing to achieve.All of human activity, the criminal justice included is imperfect and lamentably justice will not always prevail. Some of the causes are beyond the criminal justice agencies or even the content of procedural rules and substantive law. As the cases show the crime control model does causes more miscarriage of justices. Therefore it is rightly to settle that a criminal justice system characterized by an emphasis on crime control rather than due process will inevitably produce miscarriages of justice.