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BASS Philosophy and Criminology / Course details
Year of entry: 2021
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Course unit details:
Miscarriages of Justice
|Unit level||Level 3|
|Teaching period(s)||Semester 1|
|Available as a free choice unit?||Yes|
Miscarriages of justice (when an individual is wrongly convicted) have a profound impact on the individuals concerned, the victims of the original crime and, occasionally, lead to the reform of the criminal justice system. This course focuses on the system in England, Wales and Northern Ireland but also looks at the global inequalities that cause wrongful convictions in other jurisdictions. It looks at how mistakes happen, what can be done to remedy these mistakes and how to prevent them happening again, it takes an interdisciplinary approach that draws on both law and criminology texts.
1. Introduction (cases that will be examined throughout the module, key terms, personnel and organisations). Definitions of miscarriages of justice: comparing different academic models and the effects of the chosen definition on how the criminal justice system operates.
2. Causes of miscarriages of justice (individual error): false confessions, eyewitnesses.
3. Causes of miscarriages of justice (organisational error): police oppression/ corruption; forensic errors, legal errors.
4. The media and miscarriages of justice (fictional portrayals and investigative journalism)
5. Campaigns and campaigners
6. The appellate courts
7. The Criminal Cases Review Commission
8. Formal remedies (civil proceedings, pardon, compensation)
9. Legacies of miscarriages of justice (individual and institutional)
The unit aims to develop students’ understanding of:
- Different definitions of miscarriages of justice and their applications;
- Causes of miscarriages of justice;
- Different mechanisms for addressing these problems;
- Responses to these cases at a range of levels from individual to institutional.
Teaching and learning methods
The course will be delivered by lectures and seminars.
Teaching and learning will be supported by resources made available on Blackboard.
Knowledge and understanding
Be familiar with the facts of seminal miscarriages of justice in England, Wales and Northern Ireland
Understand the academic debate around the term ’miscarriage of justice’ and the implications of the different uses of the term.
Understand the legislative framework for dealing with wrongful convictions
Understand the strengths and limitations of miscarriages of justice as a reform tool.
Research, analyse and communicate, in an informed and critical way, theoretical explanations and issues concerning miscarriages of justice’.
To identify and obtain appropriate information from the library and online sources including case reports and scholarly research.
Discuss and evaluate important facts and perspectives in a clear and effective way.
Transferable skills and personal qualities
Formulate and deliver an effective argument, in writing and verbally.
Verbal feedback in seminars.
Feedback in drop in weekly sessions
Written feedback on a practice essay.
• Barrister, The Secret.The Secret Barrister¿: Stories of the Law and How It’s Broken. London: Macmillan, 2018 (available as an e book from the library)
• Robins, Jon.Guilty Until Proven Innocent the Crisis in Our Justice System. London: Biteback Publishing, 2018
• Robins, J. (ed.) (2012) Wrongly Accused: Who is Responsible for Investigating Miscarriages of Justice? The Justice Gap 30-33. London: Wilmington. www.thejusticegap.com
• If you are unfamiliar with how criminal cases are dealt with in this country you may find this website a useful startingpoint http://open.justice.gov.uk/home/
• https://www.defence-barrister.co.uk/ this is a brilliant website with lots of information on it.
- You can also watch films such as Just Mercy, Brian Banks Free, In the Name of the Father and 12 Angry Men.
|Independent study hours|
|Claire McGourlay||Unit coordinator|
Open book examination.
See Law School timetable