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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Rethinking Miscarriages of Justice: Beyond the Tip of the Iceberg

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ISBN13: 9780230019065
Published: September 2007
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £74.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In this highly provocative and fascinating study, Michael Naughton radically re-assesses the notion of miscarriages of justice. Drawing on Foucauldian theory and 'social harm' paradigms, Naughton uncovers the limits of the criminal justice process and questions the dominant discourse that views miscarriages of justice as rare and exceptional cases of wrongful imprisonment. Arguing that the criminal justice process itself causes miscarriages of justice, and can prevent the overtuning of convictions, Naughton interprets error as the norm - a mundane feature that is an inbuilt part of the legal system. Further, by redefining the term 'miscarriage of justice' he shows how it can be applied to thousands of cases per year. Extending previous analyses of the forms of harm that miscarriages of justice cause, this study explores the impact on a range of victims - direct and indirect - and their wider effect on society as a whole. Previous attempts to reform the system to prevent miscarriages of justice and their consequences have proved unsuccessful and here, Naughton provides an explanation of why they have failed and provides a new perspective on the ways to prevent mistakes occuring. Providing a much-needed critical appraisal of a fundamental aspect of the legal system, this book will have a dramatic impact on the way we think about criminal justice.

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Criminal Law
What is a Miscarriage of Justice? The Official Miscarriage of Justice Iceberg Causation: Beyond the Official Miscarriage of Justice Iceberg Government Campaigns Academia Human Rights Zemiology Conclusion