Miscarriages of justice have been the focus of judicial and public inquiries in Britain, Canada, and Australia. The objective of Forensic Investigations and Miscarriages of Justice is to make clear that, despite the rules laid down by statutes and decided cases to ensure that criminal trials are properly conducted, there are many instances where those rules have not been properly applied. In all three jurisdictions, there have been cases in which investigations have fundamentally miscarried and where expert witnesses have given evidence that has been either fraudulent or wrong. The book reviews how these problem cases are dealt with, and the marked differences between the jurisdictions in the procedures available to identify possible errors. The authors recommend ways to narrow the gap between the rhetoric of impartial forensic science and prosecutions and the reality of a growing number of recognized miscarriages of justice, emphasizing that both forensic science and the legal system must change and seek to better understand each other.
"Comprehensive and groundbreaking… [A] masterly text which is certain to quickly become the primary reference point on the topic. "
— T.F. Percy Q.C., Wolff Chambers, Perth, Western Australia
"In this impressive work, the experiences of Britain, Canada, and Australia are collected, compared, and analyzed by these eminently qualified experts. While the similarities are striking, the differences provide the authors with the opportunity to elucidate thoughtful recommendations that should commend themselves to policy makers in all three jurisdictions. Indeed, all who are involved in the criminal justice system and the constant need to perfect it will profit from this book."
— Hon. Justice Stephen T. Goudge, Justice of the Court of Appeal for Ontario
Table of Contents:
Chapter 1: Overview of the Book
Part One: The Rhetoric: Guiding Principles
Chapter 2: Prosecutors and Expert Witnesses
Chapter 3: Law on Miscarriages of Justice: Britain
Chapter 4: Law on Miscarriages of Justice: Canada
Chapter 5: Law on Miscarriages of Justice: Australia
Chapter 6: Fraud in Criminal Proceedings
Part Two: The Reality
Chapter 7: Investigations and Prosecutions
Chapter 8: Forensic Science Issues
Chapter 9: Forensic Pathology Issues
Part Three: Responses to Miscarriages of Justice
Chapter 10: Error Correction and Systemic Reform
Chapter 11: Improving Forensic Science
Chapter 12: Recommendations to Bring the Reality Closer to the Rhetoric
Table of Cases
About the Authors
About the Authors:
Bibi Sangha completed her law degree at Middlesex University and her masters degree at the London School of Economics. She is a senior lecturer in law at Flinders University, South Australia and previously taught at the Australian National University. She was called to the Bar at Lincoln’s Inn, London and admitted to practice as a barrister in Malaysia and at the High Court of Australia. She is a joint developer of the Networked Knowledge program.
Kent Roach is a professor of law at the University of Toronto, where he holds the Prichard-Wilson Chair in Law and Public Policy. He formerly served as a law clerk to Justice Bertha Wilson of the Supreme Court of Canada. In 2002, he was elected a fellow of the Royal Society of Canada; in 2013, he was awarded a Pierre Trudeau Fellowship; and in 2015, he was appointed a member of the Order of Canada. Professor Roach is the author of thirteen books, including Constitutional Remedies in Canada (awarded the 1997 Walter Owen Book Prize) and now in its second edition; Due Process and Victims’ Rights (shortlisted for the 1999 Donner Prize); The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (shortlisted for the 2001 Donner Prize) and now in a revised edition; Brian Dickson: A Judge’s Journey, co-authored with Robert Sharpe (winner of the 2003 Defoe Prize); The 9/11 Effect: Comparative Counter-Terrorism (co-winner of the 2012 Mundell Medal); and False Security: The Radicalization of Canadian Anti-Terrorism, co-authored with Craig Forcese (winner of the 2016 Canadian Law and Society book prize). He is also the author of Criminal Law, now in its sixth edition, in the Irwin Law Essentials of Canadian Law series. Professor Roach has represented interveners in many Charter cases, including Downtown Eastside Sex Workers on standing, Khawaja on terrorism, Sauvé on voting and equality, Latimer on mandatory penalties, Golden on strip searches, and Ward on Charter damages.
Robert Moles completed his law degree at Queen’s University, Belfast and his Ph.D. at Edinburgh University. He has held academic appointments in law at Queen’s University Belfast, the Australian National University, and Adelaide University. He is joint developer of the Networked Knowledge program.