Miscarriage Of Justice Case Study

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1)a) As the facts demonstrate Enid and Ruth were caught causing criminal damage to property by Sinead and Amijt. Criminal damage is an indictable offence. An assessment will be made using specific sections of the Police and Criminal Evidence Act 1984 as to whether the arrests of Enid and Ruth were lawful.
The arrest of Ruth will firstly be addressed. Amijt arrested Ruth with the power provided by section 24A Police and Criminal Evidence Act 1984 (PACE) as amended by S110(1) Serious Organised Crime and Police Act 2004 (SOCPA). Specifically, s24A(1)(a) PACE 1984 provides that a person other than a constable may arrest without a warrant ‘anyone who is in the act of committing an indictable offence’. In this instance Ruth was caught by Amijt in
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Alternatively it may refer to an individual not being committed of a crime they did commit. There are a number of reasons which have led to miscarriages of justice including police corruption, unreliable forensic evidence, mis-identification of the accused and unreliable witness statements. An example of a grave miscarriage of justice is the case of R v Stefan Ivan Kiszko [1978] 68 CrAppR 62. Kiszko was jailed for 16 years for murder and sexual assault. A crime he did not commit and as evidence later demonstrated a crime he was physically unable to commit. This miscarriage of justice was later deemed to be down to police corruption, forensic failings and unreliable witness statements. Other miscarriages of justice have resulted from unreliable professional evidence such as in the case of R v Angela Cannings [2004] 1 WLR 2607. Cannings was convicted for the murder of her two children who had allegedly suffered cot deaths. Her conviction would not have held without the professional evidence …show more content…
Miscarriage of justice refers to individuals who are convicted of a crime they did not commit. The causes of such wrongful convictions may often be linked to police bullying and corruption, narrow minded judges and well payed lawyers. The cases are often made worse by a one-sided media. Robson utilises comments made by Lord Denning during the appeals process of the ‘Birmingham Six’ to present the extent of the issue of miscarriages of justice. Lord Denning stated if the men win, their convictions were wrong. This example of such wrongful convictions should mean that any sensible person would agree these actions cannot go any further. In addition he contends that the UK legal system is that generous even those who are innocent can be subjected to its great

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