Download Criminal Injustice: An Evaluation of the Criminal Justice by Professor Frank Belloni;Dr Jacqueline Hodgson PDF

By Professor Frank Belloni;Dr Jacqueline Hodgson

Beginning with an exploration of the bleak miscarriages which caused the institution of the Royal fee on felony Justice, the authors research the position performed by way of associations and criminal elements in the felony approach. monitoring the shift from due method rhetoric to the 'new penology' of effective possibility administration of suspect populations, they verify the influence of modern reforms comparable to curtailment of the proper to silence; the removing of definitely the right to jury trial; and the allure strategy itself.

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27 Code A para. 28 In addition, a police officer has no power to stop or detain a person against her will ‘in order to find grounds for a search’ (para. 1); however, this is not to be construed as affecting ‘the ability of an officer to speak to, or question, a person in the ordinary course of his duties (even in the absence of reasonable suspicion) without detaining him or exercising any element of compulsion’ (Note 1B). Nor does the code prevent an officer from searching a person in the street ‘with his consent’ where no search power exists (Note 1D(b)).

The System and Miscarriages of Justice 13 Appeal decision in Samuel describing access to custodial legal advice as a ‘fundamental right of a citizen’, 43 the later decision of Dunford44 held that a confession obtained in the absence of a lawyer need not be excluded. The appellant’s previous criminal experience, reasoned the court, tipped the balance away from him requiring this ‘fundamental right’. 45 A second cause of miscarriages is that the machinery to remedy mistakes in the criminal justice system when they occur is inadequate.

62 Backing up the police in the criminal justice system are the prosecution agencies and the courts, who enforce and legitimize what the police do in the name of law and order. 63 Even when judges are persuaded that the police may have manipulated the evidence or have attempted to mislead the court, they cannot be relied upon to take corrective action because of their entrenched view of the police as their law and order partners. As Helena Kennedy, QC, argues, in ‘accepting the judicial role, many judges come to see themselves … as joined with the police in the battle against crime’.

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