Rethinking Miscarriages of Justice: Beyond the Tip of the Iceberg (BOK)

Michael Naughton

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In this highly provocative and fascinating study, Michael Naughton radically re-assesses the notion of miscarriages of justice. Drawing on Foucauldian theory and 'social harm' paradigms, Naughton uncovers the limits of the criminal justice process and questions the dominant discourse that views miscarriages of justice as rare and exceptional cases of wrongful imprisonment. Arguing that the criminal justice process itself causes miscarriages of justice, and can prevent the overturning of convictions, Naughton interprets error as the norm - a mundane feature that is an inbuilt part of the legal system. Further, by redefining the term 'miscarriage of justice' he shows how it can be applied to thousands of cases per year. Extending previous analyses of the forms of harm that miscarriages of justice cause, this study explores the impact on a range of victims - direct and indirect - and their wider effect on society as a whole. Previous attempts to reform the system to prevent miscarriages of justice and their consequences have proved unsuccessful and here, Naughton provides an explanation of why they have failed and provides a new perspective on the ways to prevent mistakes occurring. Providing a much-needed critical appraisal of a fundamental aspect of the legal system, this book, now in paperback and with a new Foreword, will have a dramatic impact on the way we think about criminal justice.

Produktfakta

Språk Engelsk Engelsk Innbinding Heftet
Utgitt 2012 Forfatter Michael Naughton
Forlag
PALGRAVE MACMILLAN
ISBN 9780230390607
Antall sider 256 Dimensjoner 14cm x 21cm x 1,9cm
Vekt 434 gram Leverandør Bertram Trading Ltd
Emner og form Criminal investigation & detection, Penology & punishment, Criminal procedure

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