Stephanie Roberts

‘Unsafe’ Convictions: Defining and Compensating Miscarriages of Justice

This article examines the case of R (on the application of Nicholas Mullen) v Secretary of State for the Home Department [2002] EWCA Civ 1882 in relation to the statutory compensation scheme for miscarriages of justice. It argues that a test requiring proof of innocence is not compatible with the criminal justice process and excludes those who may have been convicted after an abuse of process. It suggests that a wider definition of a miscarriage of justice for the purposes of compensation would benefit not only those who are considered to be factually innocent but also those whose convictions may have been brought about by malpractice.

From Beyond the Grave: The Legal Regulation of Mediumship

In recent years there has been an increased interest in mediumship. This has been part of a broader fascination with paranormal issues that has been fostered by new modes of dissemination and communication. This article focuses upon attempts made by the criminal law to regulate mediums, and, in particular, the disjunction between the ‘genuine medium’ and the ‘vulnerable consumer’. It charts historical approaches of the law and provides a critique of the current legal landscape, including the new regulatory framework under the Unfair Commercial Practice Regulations 2008, and the possibility of an action under the Fraud Act 2006. It concludes that the law has continually struggled to adequately deal with this phenomenon, and that the current regime is likely to prove similarly ineffective given the fundamental conceptual legal problem of proving what may be un-provable.

Fresh Evidence and Factual Innocence in the Criminal Division of the Court of Appeal

One of the main criticisms of the Criminal Division of the Court of Appeal has been that it is deficient at identifying and correcting the wrongful convictions of the factually innocent. These criticisms stem from the court’s perceived difficulties in relation to appeals based on factual error. The main ground of appeal for errors of fact is fresh evidence, and these appeals are particularly problematic because they require the court to trespass on the role of the jury somewhat in assessing new evidence on appeal against the evidence at trial in order to determine whether the conviction is unsafe. The broad consensus is that the court’s difficulties are caused by three main issues: its deference to the jury verdict; its reverence for the principle of finality; and a lack of resources to deal with huge numbers appealing. There is less agreement in identifying the source of the problems because it is not clear whether they derive from legislative powers or the interpretation of those powers by the judiciary. This article uses both qualitative and quantitative empirical research in order to try to determine what the court’s approach is in fresh evidence appeals and, if there are problems, whether it is the law or the interpretation of the law by the judiciary which is to blame. It also proposes reforms designed to make it easier for the court to rectify miscarriages of justice.

Reviews: Constructing Inequality: C. Ronald Huff and Martin Killias, eds, Wrongful Convictions: International Perspectives on Miscarriages of Justice. Philadelphia, PA: Temple University Press, 2008, 318 pp., ISBN 9781592136452, US

Thus, it makes sense to ask if an underlying inequality in population IQ can explain disparities in health between populations, and if it gives support to an understanding of why these disparities remain unchanged. The authors provide an honest and open critique of their own theory; making mention of the fact that the IQ results discussed were based on individual studies, thus their accuracy is dependent upon the methodology employed. Heterogeneity of methodology suggests that comparisons using a meta-analysis may be flawed. However, acknowledging this fact, the authors provide a multitude of analyses and best evidence analyses as suitable options. What we can do about global inequality of IQ remains unanswered. While not a focus of Lynn and Vanhanen’s work, in the wake of rapid globalization and the associated shifting of power, disparities in IQ are likely to challenge some nations to attempt to play an equal role. This issue is acknowledged throughout the book, and it becomes obvious to the reader that the interplay between the economy and politics cannot be ignored. To summarize, the work of Lynn and Vanhanen is enriched with many historical data to support the contention that IQ is related to global inequality. Their argument that differences in IQ are at the root of the distance between wealth and poverty is examined with insight and depth that considers the implications of such disparities, and analyses have rewardingly been brought back to the level of theory. Lynn and Vanhanen provide us with an important examination of a measurable, but invisible, variable influencing the interdependent relationship between globalized countries.

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Comfort’s book are the descriptions of San Quentin’s petty and senseless rules for family visitors, their uneven application by unsympathetic guards and the obvious indifference of prison officials to giving even minimal comfort to family members who may be infants, old, sick or pregnant. From a functionalist point of view, the prison benefits by allowing both the visits and the humiliations. Even in Fishman’s more humane Vermont of the 1980s, the wives reported having to strip naked and have their body orifices searched before visits. (Some also acknowledged smuggling in drugs, although so did some guards. Comfort is silent on the matter of wives and contraband, which lends a cautious reticence to her otherwise revealing narrative.) Coincidentally, a few months before being asked to do this review, I had occasion to stop by the cramped and chilly hut outside San Quentin known as The Tube, where visiting family members are forced to line up in unpredictably long waits. However, as a respectable official visitor, I was waved through another door immediately. Meanwhile, the women and family members waited, like prisoners.