Redefining Miscarriages Of Justice

A Revived Human-Rights Approach to Unearth Subjugated Discourses of Wrongful Criminal Conviction

Bibliographic Data

ID8401772
AuthorsMichael Naughton (0000-0002-9777-2095, corresponding author)
Year2004
Volume45
Issue2
Pages165-182
Publication date2004-08-02
Open AccessNo
TypeARTICLE
VenueThe British Journal of Criminology (JOURNAL)
Journal identifiersISSN: 0007-0955 • E-ISSN: 1464-3529
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/bjc/azh066
OpenAlexW2093671781
LanguageEN
Citations received10
References cited7

This article confronts a question that has barely received any attention at all: What precisely constitutes a 'miscarriage of justice' in England and Wales? It revives two complimentary human-rights-based perspectives that have lain dormant for almost a decade and brings them into dialogue with Foucault's theoretical note on the need to unearth subjugated discourses that interrupt and disturb dominant ways of thinking. It redefines miscarriages of justice to include all successful appeals against criminal conviction, to provide a more adequate depiction of 'justice in error'. It emphasizes the need for future research on routine successful appeals, to unearth and give 'voice' to a plethora of 'anti-discourses' on wrongful criminal conviction that are not currently articulated.

Conviction · Criminal justice · Criminal law · Criminology · Economic Justice · Human rights · Political science · Sociology · Theory of criminal justice · Criminal Justice and Corrections Analysis · Judicial and Constitutional Studies · Law · Torture, Ethics, and Law

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