The Miscarriage Of Justice Is Defined As A Failure Of A Court Or Judicial System

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

Another role that the police have is searching people or vehicles. For example, in areas where there are people who drug deal, they would be able to deter people if needed of suspecting people of doing illegal things and to make sure that nothing dodgy is going on to prevent crimes and keep people away from danger.

This landmark case in criminal procedure was marked by great public criticism for the liberal stance shown by the U.S. Supreme Court. It ensures defendant’s rights to what many people regarded as opening the door to convicted criminals to escape punishment through “technicalities”.

This essay will explore how prosecutorial misconduct causes wrongful convictions in both the United States and Australia. This essay will also argue that rehabilitation and compensation should be provided by the state. A major flaw in the criminal justice system not only in the United States but also in Australia, is the failure to set forth a plan for the people who were exonerated to be accepted back into society. The lack of a plan for rehabilitation for the exonerated poses a problem for society since some might find it easier to find a job in prison then in the real world, this process makes it immensely difficult for prisoners to get acclimated back into society. The Australian Law Review Committee is an entity which evaluates and gives

Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved November 10, 2017, from

In R. v. Gladue, the Supreme Court of Canada addressed the issue of proper interpretation of s. 718.2(3) for the first time. The accused was an Aboriginal women charged with second-degree murder for the killing her common-law husband. Gladue’s defence counsel did not raise that she was an Aboriginal offender in his submissions on sentence at trial and she was sentenced to three years imprisonment and a ten-month weapon prohibition. Gladue appealed her sentence to the British Columbia Court of Appeal, and again to the Supreme Court of Canada in December 1998. Although her appeal was dismissed again, the Court went to provide a framework for interpreting s. 718.2(e). In this case, it was determined that the Court was required to consider all reasonable alternatives to imprisonment for all offenders with particular attention to the circumstances of Aboriginal offenders generally and not only to those living on the reserves. In particular, there needs to be more emphasis on restorative justice, where community members and the victim will also be involved in the process. The Court is allowed to take into account prior findings of guilt when determining the appropriate sentences and in some offences prior guilt will create a higher minimum sentence, which the Court

This is an example of a famous criminal case that has taken place in the United States:

Justice is defined by the fairness in protection of rights and punishment of wrongs. This concept intends to offer a fair punishment that fits the offense. The term itself holds a positive connotation, in contrast to the word injustice. The United States’ judicial system built its operations off of granting justice to those put on trial. Judges within the judicial system strive to hold fair trials in order to prosecute offenders accordingly.

In this case study I will be analyzing the case report written about the homicide of victim, Ashley Nicole Smith. This paper will reflect numerous data stated in the incident report . One of the things that will be covered in the paper is the evidence gathered in this case as well as if the evidence was gathered legally. The strategy and steps used in the case and investigation, along with the way the interrogations were conducted and weather they were conducted legally. Another, big topic that will be covered in this paper is weather the defense has grounds to request termination of all and any evidence, Deoxyribonucleic Acid (DNA), and confessions gathered through-out the investigation and conviction for the murder of Ashely Nicole Smith.

Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved October 13, 2017, from

Our justice system regularly makes decisions that would be universally considered just and in the very same day makes decisions that are universally considered unjust. Based on this, justice must be more about the intention. For the sake of argument imagine a judge who intends with every fiber of his being to be just, makes a decision that in the end turns out to be unjust. I would say this man could still be considered just. Regardless of the outcome, the intention should determine the question of just or unjust. If that same judge admits his mistake and does his best to rectify the situation, he would certainly be considered just. On the other hand if he realizes the mistake and does nothing then he is most unjust. Human beings are incapable of unfailing justice, but when you intend to be just, you should then be considered a just person. So justice must be the intention of the person or entity to pursue truth and fairness.

Since no system created by humans is perfect, some individuals are convicted and punished for a crime they did not commit. This is known as a wrongful conviction or a miscarriage of justice. The adversarial trial attempts to prevent this outcome by requiring that the guilt of the accused is proved beyond reasonable doubt. For every single individual affected, every miscarriage of justice is a very serious matter, but for the legal system as a whole they only make up a very small amount of all the criminal law judgements. Factors like false accusations or confessions, misleading or inadequate police investigation, flaws in the trial process and problems of appeal all lead to miscarriages of justice.

Under the Police Reform and Social Responsibility Act 2011, police and crime commissioners were created, these are bodies that are directly elected and as a result are directly accountable to the people by which they serve in. Police and crime commissioners have a statutory duty to “secure the maintenance of the police force and to secure that the police force is efficient and effective”

“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.”

Before I start I would like to highlight something about the origin of the quoted line "Justice delayed is justice denied." This line was written by William Ewart Gladstone (1809 - 1898). He was one of the greatest of English Politicians and also former British Prime Minister.