NCJ Number
64586
Date Published
1978
Length
183 pages
Annotation
BRITISH PROCEDURES FOR CONSIDERING AND ACTING UPON CLAIMS OF INNOCENCE FOLLOWING A CRIMINAL CONVICTION ARE DISCUSSED, CRITIQUED, AND COMPARED TO ANALOGOUS PROCEDURES IN SOME OTHER COUNTRIES.
Abstract
THROUGHOUT BRITISH HISTORY, KINGS AND QUEENS HAVE HAD THE POWER TO GRANT MERCY OR PARDON TO THOSE CONVICTED OF CRIMES AGAINST THE CROWN. THE ACT, HOWEVER, DOES NOT ERASE THE CONVICTION NOR IMPLY INNOCENCE. THE QUEEN'S PARDON MEANS THAT EXTENUATING CIRCUMSTANCES WARRANT PARDONING A CONVICTED CRIMINAL. IN 1907, THE COURT OF CRIMINAL APPEALS WAS ESTABLISHED TO REVIEW AND RECEIVE NEW EVIDENCE IN CASES PREVIOUSLY TRIED WHERE A CONVICTION RESULTED. THIS COURT HAS THE POWER TO 'QUASH' A CONVICTION, THUS ERASING IT FROM THE RECORDS AND ESTABLISHING THE INNOCENCE OF THE PERSN WRONGFULLY CONVICTED. THE QUEEN'S PARDON WAS RETAINED, HOWEVER, AS AN OPTION FOR REMITTING SENTENCES WHERE THE COURT OF CRIMINAL APPEALS COULD NOT HEAR A CASE. THE ROYAL PREROGATIVE OF MERCY SHOULD NOT BE NEEDED TO CORRECT THE ERRORS OF THE COURTS. IF THERE IS ENOUGH EVIDENCE OF INNOCENCE FOR A PARDON TO BE GRANTED, THAT EVIDENCE SHOULD BE SUFFICIENT TO QUASH THE CONVICTION. NEW LEGISLATION SHOULD BE DEVISED TO EXTEND THE POWER OF THE COURT OF CRIMINAL APPEALS TO RECEIVE ANY EVIDENCE DEEMED APPROPRIATE GROUNDS FOR A PARDON. ANALOGOUS PROCEDURES ARE EXAMINED FOR COMMONWEALTH COUNTRIES, SOME EUROPEAN COUNTRIES, AND THE UNITED STATES. CASE HISTORIES ARE PROVIDED THROUGHOUT THE TEXT. REFERENCE NOTES, AN INDEX, AND AN APPENDIX OF RELATED MATERIAL ARE INCLUDED. (RCB)