globe
  1. Actual innocence: when justice goes wrong and how to make it right - Jim Dwyer, Peter Neufeld, Barry Scheck 2003

    Book  Not essential reading but a good overview of the USA system

  2. Innocents betrayed: a true story of justice abandoned - Sandra Lean 2018

    Book Further

  3. Informative Pre-course Reading 2 items
    These are not hard books to read and should give you a sense of what the course will be about.
    1. The secret barrister: stories of the law and how it's broken 2018

      Book  Also available as an eBook via VLE books - follow the 'Online Resource' link

    2. Guilty until proven innocent: the crisis in our justice system - Jon Robbins 2018

      Book  Also available as an EBSCO eBook - follow the 'Online Resource' link

  4. Week 1 - Introduction 11 items
    1. Essential Reading 8 items
      1. The secret barrister: stories of the law and how it's broken 2018

        Book  Also available as an eBook via VLE books - follow the 'Online Resource' link

      2. Defence-Barrister.co.uk

        Website  This is a fantastic website and has a lot of information on it that you might find useful.

      3. Two Models of the Criminal Process - Herbert Packer

        Chapter Essential Digitised Reading - Restricted access to students on the course - University username and password required for access. Click on 'Online Resource' button to access reading.

      4. Life after life: a Guildford Four memoir - Patrick Armstrong, Mary-Elaine Tynan 2017

        Book  Also available as an eBook Central ebook

      5. Just mercy: a story of justice and redemption - Bryan Stevenson 2014 (electronic resource)

        Book  Available as an eBook Central ebook

    2. Further Reading 3 items
      1. Miscarriages of justice: a review of justice in error - Walker, Clive, Starmer, Keir 1999

        Book 

      2. English legal system concentrate - Mark Thomas, Claire McGourlay 2017

        Book Recommended If you are struggling with key concepts please read chapter 5 and chapter 7. You will also find this useful for week 2.

  5. Seminar 1: Introduction to the course 3 items
    Seminar 1: Introduction to the course In answering any question about miscarriages of justice, you will be expected to draw upon relevant scholarship in the area and to illustrate your arguments with appropriate examples. The first seminars will start the process of building up your background knowledge. As with all subjects, you may not understand all of the articles on first reading. That is fine. Look up words you do not understand. Make a note of any questions you have and we can discuss them in the seminar. Much of it will become clearer as the semester goes on.
    1. Essential Reading 2 items
      1. Two Models of the Criminal Process - Herbert Packer

        Chapter  Digitised Reading - Restricted access to students on the course - University username and password required for access. Click on 'Online Resource' button to access reading.

      2. Chapter 3 of Claire's PhD is available in the materials in the seminar section.

    2. Further Reading 1 item
  6. Week 2 - The Appellate Courts 4 items
    1. Essential Reading 3 items
      1. Evidence: law and context - Jonathan Doak, Claire McGourlay, Mark Thomas 2018

        Book  Also available as an eBook Central ebook

    2. Further Reading 1 item
      1. Chapter 1: Criminal justice: system, process and legitimacy - Mike McConville, Luke Marsh

        Chapter Further Introduction available as a (linked) PDF via the publisher's website.

  7. Week 3 - The Criminal Cases Review Commission (CCRC) 6 items
    1. Essential Reading 4 items
      1. The Criminal Cases Review Commission: hope for the innocent? - Michael Naughton, Innocence Network UK. Inaugural Symposium 2009

        Book  Also available as eBook via EBook Central. Read Chapters 1, 2, 11 and 16

    2. Further Reading 2 items
      These important tailored reviews of the Law Commission, Criminal Cases Review Commission, Independent Advisory Panel on Deaths in Custody and the Sentencing Council have been published this month. They could be relevant for other modules you are taking as well as this one!
      1. Tailored Review of the Criminal Cases Review Commission - Ministry of Justice 07/02/2019

        Webpage  Available to download from the GOV.UK website.

      2. Tailored Review of the Independent Advisory Panel on Deaths in Custody - Ministry of Justice 07/02/2019

        Webpage  Available to download from the GOV.UK website

  8. Week 4 - Definitions 3 items
    1. Essential Reading 3 items
      1. Factual Innocence versus Legal Guilt: The Need for a New Pair of Spectacles to view the Problem of Life-Sentenced Prisoners Maintaining Innocence - Michael Naughton

        Article  Pdf made available via the Innocence UK website. Link also offered via Michael Naughton's personal website.

      2. Confronting an uncomfortable truth: Not all alleged victims of false accusations will be innocent! - Michael Naughton 10/11/2007

        Article  Keynote speech available to download from the F.A.C.T. (Falsely Accused Carers and Teachers) website. Again, link also offered via the author's own website.

  9. Seminar 4: Definitions of miscarriages of justice and key cases 4 items
    The phrase ‘miscarriage of justice’ has many definitions, depending on the context and the author. When reading, you should think about what the author means by the term and when writing, you should be clear which definition you are using. Being able to define these terms is essential for understanding all the further topics in this module and for achieving a high mark in your examination.
    1. Essential Reading 3 items
      1. Miscarriages of justice: a review of justice in error - Walker, Clive, Starmer, Keir 1999

        Book  Read Walker, C. 'Miscarriages of Justice in Principle and Practice' 31-62 – on Blackboard

    2. Further Reading: 1 item
      1. Don't Mention the War: The Court of Appeal, the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland - Hannah Quirk 11/2013

        Article  Focus on the sections about definitions rather than the details about Northern Ireland

  10. Week 5 + 6 - The Causes and Consequences of Miscarriages of Justice 1 12 items
    1. Essential Reading 4 items
      1. Miscarriages of justice: causes, consequences and remedies - Sam Poyser, Angus Nurse, Rebecca Milne 2018

        Book 

    2. Further Reading 7 items
      1. The United Nations principles to combat impunity: a commentary 2018 (electronic resource)

        Book  Available as an eBook via EBook Central

      2. The death of justice - Michael O'Brien, Greg Lewis 2008

        Book 

      3. Too Young to Plead? Risk, Rationality, and Plea Bargaining’s Innocence Problem in Adolescents. - Rebecca K. Helm, Valerie F. Reyna, Allison A. Franz, Rachel Z. Novick 21/12/2017

        Article 

      4. Stolen innocence: a mother's fight for justice ; the story of Sally Clark - John Batt 2004

        Book 

      5. Criminal judges: legitimacy, courts and state-induced guilty pleas in Britain - Michael McConville, Luke Marsh 2014

        Book  Chapter 1: McConville, M. and Marsh, L. 'Criminal justice: system, process and legitimacy' available as a pdf via the publisher's website - see next entry

      6. Chapter 1: Criminal justice: system, process and legitimacy - Mike McConville, Luke Mike Marsh

        Chapter  Available as a free download via ElgarOnline

  11. Seminar 5: Cases and Skills 3 items
    1. Essential Reading 2 items
      1. Cases 1 item
        Use Lexis Nexis and/or Westlaw to find the cases (details of how to do this are on Blackboard). Print off the cases and bring them to the seminar. Highlight phrases that you think are significant
        1. R v Derek William Bentley (Deceased) [1998] EWCA Crim 2516

           

          R v Ellis [2003] EWCA Crim 3556

           

          R v Mullen [1999] EWCA Crim 278

           

          R v Fitzpatrick and Shiels [2009] NICA 60

      2. Case Comments 1 item
        Case comments are academic articles that summarise (sometimes lengthy) judgments and often add critical commentary. Find one for one of these cases and bring it to the seminar. Think about how useful it was (or not) and why - see the example below
        1. Case Comment: Abuse of process - Claire Barsby

          Article  Available via Westlaw

    2. Further Reading 1 item
      1. Miscarriage of justice and judicial responsibility - Adrian A.S. Zuckerman

        Article  Available via Westlaw

  12. Seminar 6: Causes of miscarriages of justice 13 items
    1. Resources 6 items
      1. Fair Rape Trials 1 item
        1. The Times 2002

          Journal  Available via Lexis Library - use the News section and search for Gerry, F. "Juries are essential to fair rape trials" 26 Nov. 2018

      2. Video Resources 1 item
        1. The Impact of Human Factors on Criminal Investigations

          Webpage  A series of seven video resources created by the Ohio Innocence Project and the Innocence Project explaining the dynamics that frequently lead to wrongful convictions

      3. Book 1 item
        1. The death of justice - Michael O'Brien, Greg Lewis 2008

          Book 

      4. Funding 1 item
      5. Disclosure 2 items
        1. Defendant participation in the criminal process - Abenaa Owusu-Bempah 2018

          Book  Also available as an eBook Central eBook. Read Chapter 7: Disclosure

    2. Essential Reading: 4 items
      1. R v Hallam (Sam) [2012] EWCA Crim 1158

    3. Optional Reading: 3 items
      1. Funding for Justice 2008 to 2018: Justice in the age of austerity - Martin Chalkley 01/11/2018

        Document  Available as a pdf via the Bar Council of England & Wales website. November 1, 2018

      2. Bryan Stevenson, - Peter Hanink 10/2018

        Article  Book Review

  13. Newly available reading 1 item
    1. Confessional Evidence and European Court of Human Rights Jurisprudence: Building Rights-based Consensus or Backtracking on Rights Protection? - Dimitrios Giannoulopoulos

      Chapter  Digitised Reading - Restricted access to students on the course - University username and password required for access. Click on 'Online Resource' button to access reading

  14. Seminar 7: The Media, Campaigners and Innocence Projects 9 items
    Before the CCRC, most convictions were only overturned following public pressure. Some campaigns are still running for those who say they or a loved one has been wrongly convicted. There is less media attention on these cases than in the 1980s but the internet has made campaigns easier to run. There can be problems with relying on the media, including only certain cases being picked up. The Innocence Project was set up in the USA to help campaign and litigate to overturn wrongful convictions. They have also been set up in England, which raises different issues.
    1. Essential Reading: 5 items
      1. The Innocence Network UK - Michael Naughton, Carole Mccartney 01/2004

        Article 

      2. Putting wrongs to right - Stephen P. Savage, John Grieve, Sam Poyser 02/2007

        Article 

    2. Podcasts 2 items
      1. UNJUST podcast: ‘Clearly not disclosable’ – The Justice Gap

        Webpage  Available via the Justice Gap website. This is a pilot episode about disclosure failures. It would be great to hear your feedback.

      2. The CIP Podcast

        Webpage  Available via the California Innocence Project website

    3. Further Reading: 1 item
      1. R -v- Sgt Danny Nightingale

        Webpage  Available via the Courts and Tribunals Judiciary website. Sentencing remarks of HHJ Jeff Blackett, Judge Advocate General

    4. Useful website 1 item
      1. Justice on trial

        Article  Justice on trial is a running investigation in The Guardian that aims to highlight cases where there are major concerns of a miscarriage of justice

  15. Week 8 - Disclosure 8 items
    This is your research topic so you only get a lecture and the questions in the additional sheet provided. It is examinable.
    1. Essential Reading 6 items
      1. Disclosure Manual - | The Crown Prosecution Service

        Webpage  Available to download from the The Crown Prosecution Service website

    2. Podcasts 2 items
      1. UNJUST podcast: ‘Clearly not disclosable’ - Calum McCrae

        Webpage  Podcast available via The Justice Gap website. (also available on Spotify - search Un:Just in itunes/spotify etc) This is a pilot episode - on disclosure failures. It would be great to hear your feedback

      2. The California Innocence Project (CIP) Podcast

        Webpage  Calum also made other podcasts for the California Innocence Project whilst there - have a listen if you can spare the time

  16. Week 9 (W/B 25/3/19) - Guest lecture on Remedies - Revision Lecture (+Screencast) and Marking Seminar 0 items
  17. Week 10 / Seminar 8b Joint Enterprise 12 items
    Criminal joint enterprise (JE) is the name of a doctrine developed in common law, which makes it possible for more than one person to be convicted of the same crime and receive the same punishment. Applied most commonly in murder or serious assault cases, those involved are classed either as principals (those who actually committed the crime (e.g. fired the gun, delivered the fatal blow) or secondary participants who either intentionally assisted or intentionally encouraged the principal to commit the crime. Both are held equally culpable, and it is not necessary for the prosecution to identify a principal in order to convict all those alleged to be responsible – all defendants in a JE prosecution may therefore be treated as secondary participants. Advocates of the JE doctrine admit that it enables secondary participants to be convicted using a lower standard of proof than would be needed to convict principals, but argue that this compromise is necessary in order to tackle a perceived problem of dangerous gangs. Those opposed to the doctrine argues that secondary participants should be convicted of a lower category offence, such as manslaughter, and that innocent people present at or near to a crime scene, or loosely associated with co-defendants, are wrongly convicted because of the lower standard of proof required for a case to put to a jury. A further criticism is that threat of a conviction for a very serious offence which relies on a low standard of proof, causes suspects to accept a plea bargain as a reward for testifying against co-defendants, thus making convictions possible on this kind of unreliable evidence.
    1. Essential Reading 5 items
      1. Dangerous associations: Joint enterprise, gangs and racism - Patrick Williams, Becky Clarke 25/01/2016

        Webpage  Available to download from the Centre for Crime and Justice Studies website

    2. Further Reading and Viewing 7 items
      1. Pinnock and 8 others [2006] EWCA Crim 3119

      2. Common (TV Drama by Jimmy McGovern)

        Audio-visual document  Available via Box of Broadcasts

      3.  

        T. Moloney and S. Natas, 'Written Evidence' in House of Commons Justice Committee, Joint Enterprise, 11th Report, Session 2011-2012 (2012), Vol. II.

         

      4. Punishing the poor: the neoliberal government of social insecurity - Loïc J. D. Wacquant, ProQuest (Firm) 2009 (electronic resource)

        Book  Available as an EbookCentral eBook

  18. Week 11 - Revision 0 items
    1. Essential Reading 0 items
    2. Further Reading 0 items
  19. Twitter 4 items
  20. Recent publications 7 items
    1. Stand against injustice - Michelle Diskin Bates 2018

      Book 

    2. Criminal procedure and punishment - Ed Johnston, Tom Smith 2018

      Book  Read Chapter 9: 'Appeals' - see next entry for direct link to full text

    3. Appeals - Ed Johnston, Tom Smith

      Chapter  Digitised Reading - Restricted access to students on the course - University username and password required for access. Click on 'Online Resource' button to access reading.

    4. Actual innocence - Dwyer, Jim 2000

      Book 

    5. Just Mercy: a story of justice and redemption - Bryan Stevenson 10 Sept. 2015

      Book 

    6. Innocents Betrayed: A true story of justice abandoned - Sandra Lean 10/10/2018

      Book 

    7. Life after life: a Guildford Four memoir - Patrick Armstrong, Mary-Elaine Tynan 2017

      Book 

  21. Website 1 item
    1. The Justice Gap Series

      Webpage  Ongoing series of relevant publications and events.

  22. Examination Papers 1 item
  23. Misc 4 items
    1. Life after life: a Guildford Four memoir - Patrick Armstrong, Mary-Elaine Tynan 2017

      Book  Also available as an eBook Central ebook

    2. Just mercy: a story of justice and redemption - Bryan Stevenson 2014 (electronic resource)

      Book  Available as an eBook Central ebook

  24. Legacies of miscarriages of justice 5 items
    Those wrongly convicted are often left damaged by their experiences. They are given less support than other prisoners on release. The government has reduced the scope of the compensation scheme. This week we will look at the effects of wrongful convictions on successful appellants and the others affected, including their families and the victims of the original crime.
    1. Essential Reading: 3 items
      1. Counter-terrorism, constitutionalism and miscarriages of justice: a festschrift for Professor Clive Walker - Clive Walker 2018 (electronic resource)

        Book  Available as an eBook Central eBook. Read Chapter 16: Quirk, H and King, C 'Justice Denied? Compensation for Miscarriage of Justice' 269-286

    2. Further Reading 1 item
    3. Stolen innocence: a mother's fight for justice ; the story of Sally Clark - John Batt 2004

      Book Recommended

  25. Evidence: law and context - Jonathan Doak, Claire McGourlay, Mark Thomas 2018

    Book