Miscarriages of Justice

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• identify the key features of recent and past cases of miscarriage of justice and the procedures for reviewing alleged or suspected miscarriages of justice;
• explain the role of the police in the construction of a case and collection of evidence;
• describe ‘due process’ and ‘crime control’ models of justice, the principles and priorities that guide their operations on the criminal justice process and the impact of their conflicting pressures on prosecution outcomes;
• describe how these impact upon victims.
• compare miscarriages of justice across different jurisdictions to identify common themes.

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• your critical awareness of its implications within a common law system that attempts to achieve a balance between ‘due process’ and ‘crime control’.
• the nature, extent and causes of miscarriages of justice;
• relevant criminal justice issues in England and Wales;
• the meanings of the term ‘miscarriage of justice’;

Subject Specific Practical Skills

Having successfully completed this module you will be able to:

• critically assess the function and effectiveness of the Criminal Cases Review Commission;
• evaluate the roles of the police and prosecution authorities, the Home Office and the Court of Appeal in miscarriage of justices cases;
• demonstrate critical awareness of the difficulties associated with the exercise of due process protections;
• appreciate the significance of the impact of miscarriages of justice on victims.
• analyse current and past cases of miscarriage of justice;

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• deploy analytic and evaluative skills in relation to complex situations;
• construct a coherent and reasoned argument in writing;
• communicate reasoned arguments effectively within a group;
• exercise initiative and responsibility to conduct a piece of independent research.

The following is an indicative list of topics covered in the module. Precise topics will vary from year to year, to reflect current developments and pertinent theoretical debates:

• the nature and extent of miscarriages of justice,
• case studies and case histories
• theoretical perspectives on criminal justice systems in the UK
• presumptions of guilt or innocence
• the role of the police
• the role of the Criminal Cases Review Commission
• the role of the media
• campaigns and campaigning organisations
• comparison with the United States

Teaching will be by weekly seminar.

Learning activities include:

• discussion
• presentation
• essay writing
• feedback on assignments

Assessment will be by coursework (4000 words).

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Essay

• Assessment Type: Formative
• Feedback:
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.