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Drawing upon a wealth of research evidence, this book examines the historical, structural, cultural and political tensions which exist within the criminal process and the ways in which routine injustices and wrongful convictions are produced. Beginning with an exploration of the miscarriages of justice which prompted the establishment of the RCCJ, the authors examine the role played by institutions and legal actors within the criminal process. Tracking the shift from due process rhetoric to the "new penology" of the risk management of suspect populations, they assess the impact of recent reforms such as the curtailment of the process itself.
Under the present law no person, including a suspect, is obliged to give information to the police in the course of a criminal investigation. But is the use of this right to silence evidence of guilt? Should the law be reformed? Those who argue that it should say that it would allow more effective prosecution and conviction of offenders. This study researches the evidence for this claim and examines the other issues surrounding this debate.
Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examinin
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be...