Miscarriages of Justice

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“It’s a general problem not specific to the law of the United Kingdom a criminal justice system characterized by an emphasis on crime control rather than due process will inevitably produce miscarriage of justice.” In an imaginary world the law would always give the correct results but in a real world it’s the other way. When they don’t which way do they tend to err? Which way do we want to err? We want the law to err on the side of acquitting guilty people rather than convicting ones. It is generally accepted that the price of a fair Criminal Justice System will be acquittal on a technicality of those who have committed criminal offences or because of a failure of evidence, where as conviction of the innocent is…show more content…
Lord Phillip and Brown presume ‘the man on the street would define ‘miscarriage of justice’ as the conviction of the innocent. It was stated in the Court of Appeal case of Exp.Bateman(1994) that man might define the term more broadly, to include 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. Specially in America after the 9/11 terrorist attack the government has taken measures to prevent crimes as much as possible. The 9/11 attack not only influenced the government but influence the society to look 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 change for it is society that subjects the police and the government to undue pressure. In 2005 the terrorist attack in London (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 implemented. The Terrorist Act 200 created a power to carry out blanket stop and searches. The Anti- Terrorism Crime and Security Act 2001 introduced new powers for the Treasury to freeze terrorist funds
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