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Miscarriages of Justice and the Discourse of Innocence: Perspective From Appellants, Campaigners, Journalists, and Legal Practitioners

NCJ Number
Journal of Law and Society Volume: 40 Issue: 3 Dated: September 2013 Pages: 329-355
Sion Jenkins
Date Published
September 2013
27 pages
This article discusses wrongful convictions.
This article problematizes the discourse of innocence in relation to victims of wrongful conviction operating within the criminal justice system. For appellants whose convictions have been quashed by the Court of Appeal, notions of innocence are often at odds with how others perceive and understand the purpose of criminal trials and appeals. This article will examine the views of legal practitioners, journalists, and victims of wrongful conviction and their supporters regarding factual innocence and how misunderstanding can sometimes lead to miscommunication by actors operating within the same system. The article will further examine the issue of compensation in light of the recent ruling by the Supreme Court and conclude that the current debate regarding what constitutes a miscarriage of justice continues to confuse legal practitioners and prolong the anxiety suffered by victims recovering from the trauma of wrongful imprisonment and subsequent losses. Abstract published by arrangement with John Wiley & Sons.