USA and UK Responses to Miscarriages of Justice (From Forensic Psychology: Concepts, Debates and Practice, 2004, P 39-57, 2004, Joanna R. Adler, ed. -- See NCJ-205397)

• NCJ Number: 205399
• Author(s): Tom Williamson
• Date Published: 2004
• Length: 19 pages
• Sale Source: Willan Publishing
• Publication Format: Book (Softbound)
• Publication Type: Research Paper
• Language: English
• Country: United States of America

Annotation

This chapter examines miscarriages of justice in the United Kingdom and the United States and reviews the governments’ responses.

Abstract

Miscarriages of justice tend to draw attention to police competence, or lack thereof, in criminal investigations. Psychologists have played an important role in identifying factors in the investigative process that can lead to a wrongful conviction. However, despite the fact that the criminal justice system of the United Kingdom and the United States share many similarities, their responses to miscarriages of justice have been very different. In probing the reason for these different responses, the author examines the concern over police incompetence and corruption in the investigative process, which has lead to citizen dissatisfaction with policing practice and performance. Another area examined as a contributing factor to miscarriages of justice is the over-reliance on confession evidence within adversarial justice systems. Adversarial justice systems are critiqued as narrowly focused on the successful prosecution of suspects rather than on the impartial investigation of the truth. The response of the United Kingdom to several cases of miscarriages of justice was to regulate custodial questioning and create clear guidelines for police investigative interviewing. Next, the focus turns to miscarriages of justice in the United States, with the emphasis on the problematic application of the death penalty. A comparison of the similarities and differences of the responses to miscarriages of justice reveal that the United Kingdom has enforced a rigorous regulatory regime to cut back on abuses of justice. However, the practices and policies of the criminal justice system in the United States, such as forensic laboratories under the control of law enforcement agencies and the retention of the death penalty, places the United States squarely within a denial phase regarding miscarriages of justice. Finally, several recommendations are offered to reduce miscarriages of justice, such as adopting good pre-trial investigation and custodial questioning processes that will reduce the over-reliance on confession evidence and promote the pursuit of the truth rather than the prosecution of the suspected. Notes, references