Suchergebnisse

Since 1997, the Criminal Cases Review Commission of England, Wales and Northern Ireland has served as a state-funded post-conviction body to consider claims of wrongful conviction for those who have exhausted their rights to appeal. A meticulous organisation that has over its lifetime referred over 700 cases back to the Court of Appeal, resulting in over 60% of those applicants having their convictions quashed, it is nonetheless restricted in its response to cases by its own legislation. This shapes its decision-making in reviewing cases, causing it to be somewhat deferential to the ori

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

The 4th edition of this authoritative study, now written jointly with Carolyn Hoyle, brings up-to-date developments in the movement to abolish the death penalty worldwide. It draws on Roger Hood's experience as consultant to the United Nations for the UN Secretary General's five-yearly surveys of capital punishment and on the latest information from a wide range non-governmental organizations and the academic literature.Not only have more countries abolished capital punishment, but amongst those that continue to retain it, the majority have been carrying out fewer executions. Legal challenges

This innovative collection presents original theoretical analyses and previously unpublished empirical research on criminal victimisation. Following an overview of the development and deficiencies of victimology,subsequent chapters present more detailed challenges to stereotypical conceptions of victimisation through their focus on: male victims of domestic violence; victims of male-on-male rape; corporate victims; and the 'victim-offenders' who are the recipients of IRA punishment beatings. The second half of the book considers criminal justice responses to victimisation, focusing in particular on the potential of, and limits to, restorative justice, the social (and gendered) construction of the victim within contested trials and the exclusionary nature of current 'victim-centred' initiatives. This important book will further the debate on how we conceptualise victims as well as their appropriate role within the criminal justice system. New Visions of Crime Victims will be of interest to academics, students, criminal justice practitioners and policy-makers. It has particular implications for scholarship in the fields of victimology, restorative justice and feminist approaches to criminology and criminal justice. The integration of work by established criminologists, such as Carolyn Hoyle, Paul Rock, Andrew Sanders and Richard Young with that of young, previously unpublished scholars, makes for an interesting and stimulating book. As well as being a valuable addition to the literature, it can be used to support undergraduate and postgraduate courses in criminal justice and criminology

AbstractThe Miscarriages of Justice Support Service (MJSS) is the only source of support and assistance provided by the State for the wrongfully convicted. Drawing on original data, this article demonstrates that while its aftercare provision has successfully met the practical needs of the wrongfully convicted, clients have emotional, psychological, and social needs that are not attended to. While the 'rightfully' convicted will be offered services following release from prison to help them to reintegrate into society, those released after the Court of Appeal has found their convictions to be unsafe do not receive such support. Drawing on literature that adopts a resettlement framework for ex‐prisoners, the authors argue that such an approach could better respond to the needs of the wrongfully convicted. In particular, this may help the wrongfully convicted to reconnect with social networks, to take advantage of social capital and to thereby rebuild their spoiled identities.

Tony Blair promised to control crime during his first term, but the results have been mixed. The New Labour government has reformed the prison system, with an emphasis on rehabilitation, & has taken steps to protect victims & vulnerable witnesses. On the other hand, it has not changed the old Tory Criminal Justice & Public Order Act, because, Blair contends, the Act has many liberal elements that should be kept. The government is not researching reasons for the rise in prison populations, nor taking steps to stop the trend. New Labour had the chance to effect radical change in regard to crime during its first term, but did not, & there is little evidence that it will in the second term. R. Larsen