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Miscarriage of Justice - Essay Example

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Miscarriage of Justice Name: Course: Instructor: Date: Miscarriage of Justice A miscarriage of justice basically refers to a conviction or punishment wrongfully passed to an individual for a crime he/she has not committed (Layne, 2010, p.1). Several aspects characterize the presence of a miscarriage of justice as well as implications…
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Download file to see previous pages This implies that the issue is broad-spectrum as it incorporates both criminal and white collar crimes (McBannet, 1981, p.45). Certain indications in wrongful convictions portray synonymous characteristics to miscarriage of justice. A closer look at the events surrounding this issue reveals that the most injurious cases happen when a person faces wrongful conviction. The Criminal Justice system can also be faulted as wrong convictions hold for many years (Wilhouter et al, 2009, 2). It is unfortunate that innocent convicts can spend numerous years behind bars. Upon release, ex-convicts still suffer stigmatization in the society. The Guildford four and the Birmingham six serve as the best example of such cases. The most conspicuous aspect of controversy in such cases is generally embodied in the legality of the death penalty. Due to the alarming trend of wrongful convictions in the recent past, the legitimacy of the death penalty has constantly been reviewed. Critics and opponents of the drug penalty argue that innocent suspects are likely to suffer death for crimes they have not committed (Sanders & Young, 2007, p.10). The issue remains controversial because death is irreversible and nothing can be done to repair the damage of a wrong conviction. A common practice that has led to much emphasis on miscarriages of justice is the emergence of crucial DNA evidence that has helped clear many people from false accusations (Douglas, 2011, p.1). Forensic evidence has helped to exonerate innocent suspects and even wrongfully convicted prisoners. The pile up of unjust conviction cases led to the formation of the Criminal Cases Review Commission in 1997 (Rock, 2004, p.23). CCRC is deemed as the probable avenue towards success where the police, human rights institutions, and the courts have seemingly failed. A major cause for concern in this case, emanates from the fact that the above named institutions focus on errors that are somewhat premeditated (Lauden, 2006, p.98). This is mainly attributed to corruption. It means that given certain circumstances, a breach of ethics, laws, and common sense is usually evident. This is despite the fact that rejection of liberty stands out as a grave state sanction in the United Kingdom (Cater-Ruck, 1992, p.172). Most countries demand that whenever an individual is wrongfully convicted, and in the event suffers damage to himself or his family, he should be adequately compensated. However, compensation involves certain points of consideration that need to be verified before any progress on the same (Williams, 1999, 63). Common knowledge suggests that very few people will disagree with this assumption. On that note, it is important to look at issues surrounding a miscarriage of justice and how it possibly happens. Cases of biasness are common in the event of wrongful conviction and they include actions like unfair editing of evidence, fabrication of evidence by the police or the prosecution, issues of identification, contaminated evidence, and many other factors. Many people have been victims of the above implications and this has landed them several consequences which are regrettable since they happen to be innocent. Most people base their arguments on the harsh realities of death by execution in such cases but is should also be remembered that time spent in jail brings irreversible consequences to the person. Issues associated with miscarriage of ju ...Download file to see next pagesRead More
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