LLB Law

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 impacting on miscarriages of justice 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.

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.

Syllabus (indicative curriculum content):
https://express.adobe.com/page/Om7D3JzWsVbQD

Indicative outline. This module will be research led, so some of the examples and issues may change.

1. Introduction (significant cases that will be examined throughout the module, key terminology, an overview of how the criminal justice system works including the 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 (cases that have been portrayed in film, books and music and investigative journalism)
5. Campaigns and campaigners who have sought/ seek to overturn wrongful convictions
6. The appellate courts - how different types of cases are dealt with on appeal, the grounds for appeal and the responses of the Court of Appeal
7. The Criminal Cases Review Commission - the organisation established to investigate miscarriages of justice - and different assessments of its work
8. Formal remedies for wrongful convictions (civil proceedings, pardon, compensation)
9. Legacies of miscarriages of justice (individual and institutional)
10. Conclusions / revision
 

The course is taught through 10 Interactive handbooks produced in adobe spark that follow alongside the 22 lectures and 4 x 2 hour workshops. There is a link at the end of each handbook that takes you to the next handbook. The reading in the handbook is essential reading, unless stated that it is further reading or optional reading. The reading in the handbook is there for students to dip in and out of and the non-essential reading is labelled. Workshops are the student’s opportunity to test their understanding of the issues being studied, to help formulate your thinking and to ask questions that you may have. We have created and assessment that allows student choice and we think is more inclusive. It is ongoing reflective assessment.

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. To understand that law both affects, as is affected by a range of factors, including the political, social, ethical, and economic context.

Research, analyse and communicate, in an informed and critical way, theoretical explanations and issues concerning miscarriages of justice. To read and discuss disciplinary material written in technical and complex language and relate it to wider material and sources. To make a reasoned choice between alternatives: reaching a conclusion defended through both evidence and argument.

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. To build on reflective skills already learned in years 1 and or 2

Formulate and deliver an effective argument, in writing and verbally. To develop and strengthen an open and inquiring mind and to develop reflective skills. 

Production of a reflective portfolio via vlog, PowerPoint presentation with video or in writing. Students can choose which option they prefer.

Students to provide evidence of what they have learned through participation in the workshops but also additional wider learning – guest lectures/reading/viewing/listening and use this to develop a compelling narrative account of what they have learned about how miscarriages of justice occur and how the system responds to them.

Ongoing assessment – ¼ to be submitted following each of the workshops and responses to be provided before submission of next part. 1000 words per workshop. 25% for each section submitted.

Up to 10-minute presentation by VLOG = 1,000-words
Up to 10-minute podcast = 1,000 words

Verbal feedback in seminars.

Feedback in drop in weekly sessions

Written feedback on a practice essay.

See handbooks 1-10 https://express.adobe.com/page/Om7D3JzWsVbQD There is no one text book for this course and it is a multi-layered approach and students are required to watch films, documentaries and read chapters from books and journals, and we can’t provide this here. You can also listen to the podcasts here - https://www.innocence.fm/
 

Open book examination online

Information
This course is available to incoming study abroad students providing they have some knowledge of the law.
Pre-requisites: compulsory None

Timetable
See Law School timetable

Content Notes (also known as trigger warnings or content warnings) are used to inform students of content that may be distressing to some individuals. This is done both to inform those individuals so that they might prepare themselves in advance but also so that other students can be supportive and sensitive to their peers. Content Notes are not used to constrain teaching or discussion of difficult, distressing or contentious topics but to enable students to responsibility for their course choices and learning preparation. It is not possible to predict all topics that may cause distress, but certain themes are widely accepted to merit content notes. This course is one of those courses that might cause distress to certain students. By its very nature, this course deals with issues of various CRIMINAL OFFENCES (E.G. MURDER, RAPE, SEXUAL ASSUALT, GBH) THROUGHOUT, this might be upsetting to certain students.

We encourage you to look at the contents of the course now and if you think you might struggle with some topics in the course, and want to see what a particular section discusses in order to decide whether you want to engage with these contents contact Claire or your academic advisor. The team are committed to ensuring that our teaching environments are safe spaces for discussing difficult and controversial topics.