Reasons to doubt : wrongful convictions and the criminal cases review commission

書誌事項

Reasons to doubt : wrongful convictions and the criminal cases review commission

Carolyn Hoyle and Mai Sato

(Oxford monographs on criminal law and criminal justice)

Oxford University Press, 2019

1st ed

大学図書館所蔵 件 / 9

この図書・雑誌をさがす

注記

Includes bibliographical references (p. [347]-366) and index

内容説明・目次

内容説明

This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.

目次

1: Responding to Wrongful Convictions 2: The Criminal Cases Review Commission: Under-Researched But Under Scrutiny 3: Understanding Discretion at the Commission: A Socio-Legal Approach 4: From Application to Conclusion: How Law, Policy, and Culture Shape Organizational Decision-Making 5: The Nature of Applications to the Commission 6: Triage: the Screening Process-In or Out? 7: Managing Uncertainty in Forensic and Expert Evidence Cases 8: Complainant Credibility in Sexual Offence Cases 9: Responding to Applicants' Allegations of Policing Without Integrity 10: Responding to Applicants' Claims of Inadequate Defence 11: Working Cooperatively with Other Criminal Justice Institutions 12: Managing Efficiency and Thoroughness in Case Review 13: 'Post-Decision Decision-Making': Further Submissions and Reapplications 14: Last Chance for Justice Appendix References

「Nielsen BookData」 より

関連文献: 1件中  1-1を表示

詳細情報

ページトップへ