The Criminal Appeal Process And The Adequateness

1748 WordsNov 9, 20147 Pages
Entry 2: The Challenges, The Criminal Appeal Process and the Adequateness Introduction It is of great importance to discuss the challenges faced by indeterminate sentence prisoners maintaining factual innocence as it forms many questions revolving around the criminal appeals process and the adequacy of procedures as it pertains to the prison system, the Parole Board and the Criminal Case Review Commission (CCRC). I will discuss these issues in light of Stefan Kiszko and a comparison of both Canada 's and Australia 's appeal system. Challenges The challenges faced by indeterminate sentence prisoners maintaining factual innocence is preposterous as it constitutes as a barrier rather than a questioning of the innocence and the pursuance…show more content…
Many prisoners who are factually innocent have become victims of signing or agreeing to false confessions with the prospect of being released from interrogation, promises of a parole deal, or early release. This was the case of Stefan Kiszko as he was convicted on the basis of a false confession and had been urged throughout to admit to the guilt. In addition, in 1983 Kiszko was told that he would be eligible for parole if he admitted to the murder and sexual assault of Lesley Molseed. The Kiszko case exemplifies the challenges that are faced among indeterminate sentence prisoners by which such challenges are not an issue of concern for the Parole Board and therefore need to be addressed. Criminal Appeal Process As of 1 January 1997, the Criminal Cases Review Commission (CCRC) was enacted as established by the Criminal Appeal Act 1995 following a recommendation by the Royal Commission on Criminal Justice 1993 (RCCJ). The CCRC is a body designed to investigate alleged miscarriages of justice. 'It replaced the Criminal Case Unit of C3 Division of the Home Office where the Home Secretary had the power to order re-investigations of alleged miscarriages of justice and send them back to the Court of Appeal '. Due to a 'public crisis of confidence ' the CCRC was established following the cases of the Guildford Four and the Birmingham six as the RCCJ found that 'successive Home Secretaries under the old

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