Responding to the danger of wrongful conviction for historical sexual abuse
A case for resurrecting abuse of process for delay
Bibliographic Data
| ID | 6456906 |
|---|---|
| Authors | Holly Greenwood (0000-0002-4485-6527, Cardiff University, corresponding author) |
| Year | 2024 |
| Volume | 29 |
| Issue | 1 |
| Pages | 41-57 |
| Publication date | 2024-03-18 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The International Journal of Evidence & Proof (JOURNAL) |
| Journal identifiers | ISSN: 1365-7127 • E-ISSN: 1740-5572 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/13657127241237909 |
| OpenAlex | W4392964785 |
| Language | EN |
| Citations received | 2 |
| References cited | 15 |
This article examines the potential risk of wrongful conviction for defendants facing historical sexual abuse charges where there is substantial delay. This risk arises from problems with truth-finding based on witness testimony, challenges posed by missing evidence and the increasing erosion of procedural safeguards. This article considers two recent proposals for reform, including first, whether the Court of Appeal should be more prepared to revisit the factual basis of decisions in historical sexual offence appeals; or second, whether there is a need to strengthen procedural safeguards at trial through the doctrine of abuse of process for delay. This article concludes that, whilst there would be advantages to broadening the grounds for appeal, the criminal courts should be more prepared to stay substantially delayed claims for abuse of process where there is missing evidence. The current approach has the potential to be unfair and fails to protect those defendants who are most disadvantaged by delayed claims
Appeal · Conviction · Criminology · Disadvantaged · Doctrine · Poison control · Political science · Sexual abuse · Suicide prevention · Witness · Criminal Justice and Corrections Analysis · Deception detection and forensic psychology · Law · Medicine · Psychology · Sexual Assault and Victimization Studies
Accuracy of Deception Judgments
The Innocent and the Criminal Justice System
The Right to Access DNA Testing by Alleged Innocent Victims of Wrongful Convictions in the United Kingdom
Handle with care
The origins of the Jimmy Savile scandal
Rethinking the Competing Discourses on Uncorroborated Allegations of Child Sexual Abuse
| Unique citing works | 2 |
|---|---|
| Citations per year | 1 |
| Citation span | 2024 - 2026 (3) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 2 |