Miscarriages of Justice - Essay Example

This happens because of inefficient procedures . Second, the laws that are applied to them. Third, for there is no information that justifies the applied treatment or punishment. Fourth, if suspects, defendants or convicts are handled unfavorably by the state to an unequal extent compared with the necessity to protect the rights of others; or, fifth, if the rights of other persons are not effectively or equally protected or defended by State action against law violators or, sixth, by State law itself(Greer, 1986).

For, the six groups above revolve around themes of breach of rights of suspects and defendants, the disproportionate treatment of suspects/defendants or the non-vindication of the rights of victims, might be termed direct miscarriages. In addition, it may be possible to derive from their infliction a seventh, indirect miscarriage which affects the community as a whole. A belief coming out of deceit or illegalities will corrode the state's claims to legitimacy. For, this is founded on the community criminal justice system's values which includes as respect for individual rights.

In this way, as well as the unwanted faith of the individual, the "moral integrity of the criminal process" suffers harm(McConville, 1994). Also, there could be a common detriment by way of diminished confidence in the vanguards of law and order leading to lesser active citizens aiding the police and a decrease in the number of jurors willing to convict even the glaringly "guilty". Definitely, it has been debated that this indirect form of miscarriage can exist independently as well as contingently in two respects.

One is that a breach of "the principle of judicial legitimacy" should be of concern even if there is an accurate and fair determination of guilt or innocence. Secondly, it still produces great moral harm even if, so far as the individual is concerned, there is an error but no real harm is inflicted (say, when a person imprisoned for life is wrongfully convicted soon afterwards of a minor motoring offence). It is therefore argued that the State itself should avoid actions or processes which might damage the integrity of the system.

Consistent with this concern, lawyers, whether acting for prosecution or defence, are reminded that they are not the ciphers of their clients but owe duties of integrity to the criminal justice system(Poole, 1998).Critical examination why gender related crime is important to understanding relevant policies of the criminal justice policy In the article stated that the gender equality duty and the criminal justice systemApril 2007: The Gender Equality Duty comes in to force, the gender equality duty has been the biggest radical metamorphosis to sex to sex discrimination law for the past thirty years.

It is also similar to the introduction in 2001 of a similar public sector race equality duty after the Stephen Lawrence Inquiry and the introduction of a disability equality duty in December 2006. Furthermore, Fawcett publications of the Fawcett Society had published two reports to support the implementation of the Gender Equality Duty in the criminal justice system:The responsibility to understanding the "understand your duty" section details how the law should affect the criminal just