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HUMAN RIGHTS Part 2 - MISCARRIAGES OF JUSTICE

Is Justice 'just'? article; Prisons, Prisoners, Families, Veterans,
Women, Prisoners & Resources
Mental Health, Vulnerable, Learning Difficulties
Book lists on Miscarriages of Justice
Joint Enterprise

MISCARRIAGES of JUSTICE - BOOKS and ARTICLES - Also see Part 1;
FALSE CONFESSIONS & MISCARRIAGE of JUSTICE in Part 3
PROBLEMS with EVIDENCE in Part 4
DEATHS in CUSTODY

Is justice 'just' for all of us - or only just for some?
www.whorls.org.uk by Louise Ayr

Is it safe to assume that justice will prevail for you in your hour of need? People tend not to bother too much unless something goes wrong in their lives or friends and family.

More and more people are seeing that the British justice we used to have pride in, goes awry more than it should. Reputable lawyers and researchers have written books that are often in paperback so people can get hold of them cheaply.

A number of convicted people will tell you, after years of hardship and effort they managed to get free. They managed to prove their point, though it has not been easy and takes a very long time.

It may not have seemed as though they would and it took a toll on them, but free they are. Of course, it shouldn't take so long to put right something that should not have happened. And it shouldn't be so difficult - let's hope things will improve.

Reasons are given for what happens when people are falsely accused or convicted. Sometimes people are convicted because they confessed to something they simply did not do. Read about False confessions and see a list of books and articles. Eyewitnesses often don't observe accurately at all, or remember clearly enough to be sure.

Convictions should not be made solely on one type of evidence, but in cases of miscarriage of justice, other things may be 'made to fit' into a scenario which other people come to believe. Once people believe in something, it is very hard to get anyone to listen, let alone to change their minds.

There can be problems over interpreting evidence and genuine disagreement among experts. Does this count as reasonable doubt? We are supposed to be regarded - and treated - as if we are innocent until proved guilty. It is a lesson for all of us because it can happen to anyone. The more we understand of possible reasons, the less things in our justice system and wider society, should be able to go so sadly and badly wrong.

There are concerns too about people charged under joint enterprise law as being responsible - by being present - during the commission of a serious crime, or even for not preventing it. See BBC Panorama link on joint enterprise http://news.bbc.co.uk/panorama/hi/front_page/newsid_8366000/8366280.stm and video at www.bbc.co.uk/programmes/b00p31vd

Even if we are guilty we are still human beings, and people in prison have certain basic rights. Some people are more vulnerable than others due to their mental state or their age, and there are some links to information further down on this page.

You may be in prison and unable to see this. but someone you know may. If it gives them hope and some avenues to follow, maybe it can do something for you.

If you know someone who is in prison, try to get some support for yourself too.

False Confessions & Miscarriage of Justice article
Campaigns & Resources; Watch Online

UAI United Against Injustice, National Federation of Miscarriage of Justice Campaign and Support Organisations
Miscarriage of Justice Day meeting in London: 9 October 2010 www.unitedagainstinjustice.org.uk

Also see www.innocent.org.uk, www.mojuk.org.uk, www.false-allegations.org.uk,
and Progressing Prisoners Maintaining Innocence, PPMI, PO Box 3417, London WC1N 3XX, see event below:

Joint Enterprise - Not Guilty by Association
JENGbA www.jointenterprise.co

http://www.jointenterprise.co/JointEntPoster.html

INNOCENT www.innocent.org.uk
Meets every fortnight in Oldham, Greater Manchester (click here for details). Meetings are for families and other supporters of wrongly convicted prisoners.  

LONDON AGAINST INJUSTICE Meets in London www.londonagainstinjustice.co.uk
We meet once a month to share information, give support and encouragement to those of us who are fighting against the wrongful conviction of our loved ones. 

The article is in format. Click here to read or download it.

BOOKS - MISCARRIAGES of JUSTICE, LEGAL/ HUMAN RIGHTS

'Citizens Advice Handbook: Practical Independent Advice' Penguin paperback C.A.B.

'Defending the Guilty: Truth & Lies in the Criminal Courtroom' by Alex McBride

'Human Rights in the UK: An introduction to the Human Rights Act 1998' by D.Hoffman & J.Rowe QC

'Judge for Yourself: How many are innocent?' by L A Naylor

'Killer in the Shadows/Robert Knapper' by Laurence Alison, Marie Eyre

'Legal Blunders' by Geoff Tibballs

'Michael Mansfield: Memoirs of a radical lawyer' by Michael Mansfield

'Miscarriages of Justice: A review of justice in error' by Clive Walker, Keir Starmer

'Miscarriages of Justice' by Bob Woffinden

'No Smoke: The shocking truth about British justice' by Sandra Lean

'Pariah' by Colin Stagg with Ted Hynds

'Power, Resistance, Knowledge' by Andrew Green

'Presumed Guilty: British legal system exposed' by Michael Mansfield

'Psychology of False Confessions' notes by Dr. Gisli Gudjonsson. See book 'The Psychology of Interrogations, Confessions and Testimony'

'Rethinking Miscarriages of Justice: Beyond the tip of the iceberg'  by Dr Michael Naughton see WATCH ONLINE

'Scandals in Justice' Magazine www.scandals.org

'Somebodies & Nobodies: Overcoming the abuse of rank' by Robert W Fuller

'Stack & Sway: The new science of jury consulting' by Neil J Kressel, Dorit F Kressel

'Sway, the irresistible pull of irrational behaviour' by Ori Brafman, Ron Brafman

'Taking Liberties' by Chris Atkins, Sarah Bee, Fiona Button

'The Algebra of Justice' for comments on some wellknown UK cases http://www.justjustice.org/algebra.html

'The Death of Justice' by Michael O'Brien with Greg Lewis

'The Handbook of Human Rights Law: An accessible approach to the issues & principles' Michael Arnheim

'The Price of Innocence' by Iain McKie & Michael Russell

'The Use and Abuse of Power' ed by Annette Y Lee-Chai, John Bargh

'Trial & Error' by David Jessel

'Trial & Error' by Robert Kee

'Weird Cases: Comic and bizarre cases from courtrooms around the World' by G Slapper

'When Law Fails: Making sense of miscarriages of justice' by Douglas Berman, Charles Ogletree, Austin Sarat

'Your Rights: the Liberty Guide to Human Rights' by Megan Addis & Penelope Morrow

'No Smoke - The shocking truth about British Justice' by Sandra Lean

A life-long fascination with the workings of the human mind, and especially the workings of the "criminal mind," led Sandra Lean, at the age of 32, through the doors of Napier University in Edinburgh. A single parent of two young children, she studied Psychology and Sociology to Honours Degree level. A Masters' Degree in Forensic Psychology seemed like the most obvious next step, until a local, high-profile murder hit the headlines.

Behind the scenes, Sandra Lean began sifting through the facts, only to discover that all was not as it seemed. What she found led her to other, similar cases, and more patient, methodical sifting, in an investigation that was to last almost four years. The result was a shocking, but true, discovery. Innocent people are being locked up in our prisons, convicted of the most horrific crimes, on a regular basis. These are not one-off, tragic mistakes, but rather, a routine, everyday occurrence.

For every high-profile miscarriage of justice that we hear about, there are dozens more that never make the news. No Smoke examines just some of these cases, highlighting the very human tragedy of wrongful conviction, and pointing out the unthinkable: this could happen to any one of us.

'The Death of Justice' by Michael O'Brien with Greg Lewis, Foreward by Gareth Peirce

Michael O'Brien was imprisoned for 11 years for a crime he didn't commit - the Cardiff Newsagent Murder. In this book he reveals all about the police incompetence and scapegoating which landed him as an innocent man in prison.

On his release he joined forces with with another victim of miscarried justice, Paddy Joe Hill, a member of the Birmingham Six. They set up MOJO (the Miscarriages of Justice Organisation) to help others who were wrongfully imprisoned.

'Pariah' by Colin Stagg with Ted Hynds, Foreward by Nick Ross

Colin Stagg examines the murder of Rachel Nickell in 1992. He served thirteen months on remand before an Old Bailey Judge ruled that he was unjustly entrapped and 'evidence' was ruled inadmissible. The media implied he 'got away with murder' and he suffered death threats and physical attacks. It seemed as though no-one wanted to test his DNA to eliminate him. For a perspective on some likely factors involved in the Police not reaching conclusions earlier, see 'Killer in the Shadows' by Laurence Alison and Marie Eyre. New DNA evidence in 2004 showed that Robert Napper was Rachel's murderer. The Metropolitan Police made a formal apology to Colin Stagg in December 2008.

'The Price of Innocence' by Iain McKie and Michael Russell

In a world obsessed with surveillance and where fingerprint and DNA testing are routine, what happened to Shirley McKie could happen to anyone. Policewoman Shirley McKie's decade-long fight for justice led to her trial for perjury... Her crime? To refuse to accept the misidentification of her fingerprint , allegedly found at a murder scene she should not have entered.

But because she spoke the truth, Shirley McKie was persecuted for years by senior police officers, ex-colleagues, forensics experts, politicians and government ministers... This book uncovers new information about the murder of Marion Ross, offers wide-ranging evidence of official incompetence and dishonesty, and suggests a conspiracy which might have sent an innocent man to prison for life.

'Judge for Yourself - How many are innocent' by L A Naylor

An exploration of how such mistakes are allowed to continue, and how, despite an often blatant lack of evidence against them, many people have been - and still are - languishing in jail for crimes they did not commit. "If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected - those, precisely, who need the law's protection most - and listens to their testimony" by James Baldwin

'Miscarriages of Justice' by Bob Woffinden

Many innocent people are imprisoned in British jails, some for exceptionally long terms, because the police handling the investigation misconstrued the actions of suspects, or because faulty and misleading evidence was presented at the trial, or because the defence case was inadequately argued. The adversarial system of justice that operates in the UK puts innocent people at an in-built disadvantage.

'Presumed Guilty: the British Legal System Exposed' & 'Memoirs of a Radical Lawyer' by Michael Mansfield QC

"Miscarriages of justice can happen to anyone, at any time, for any offence."

Revisit for updates

Part 1 Human Rights Resources, Campaigns
Part 3 False Confessions & Miscarriage of Justice
Part 4 Problems with Evidence, Videos
Prisoners, Families, Veterans, Mental Health, Vulnerable
Deaths in Custody Links
Groups & Social Influence page - includes social conformity, cults, beliefs, scams & hustles

Visit the False page at Whorls for links on:
False confessions, Eye witnesses; Miscarriages of Justice;
Allegations of abuse, Memories; Therapy Culture;
Finding Middle Ground, Mediation