Injustices and Inequitable Outcomes: Miscarriages of Justice and Wrongful Convictions

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Dioso-Villa, R
Nash, C
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Camilleri, Marg

Harkness, Alistair

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2023
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Abstract

One of the most serious forms of injustice is the wrongful conviction of innocent persons. Such failures of justice undermine the integrity of the criminal justice system and result in devastating and long-lasting consequences for wrongfully convicted individuals. In Australia, there are over 70 documented cases and an estimated 300 cases where a factually innocent person was convicted of crimes they did not commit, suggesting that such cases represent a fraction of a much more widespread problem. Access to justice is fundamental to the rule of law in Australia, yet inequitable experiences and unjust outcomes prevail for some individuals. This chapter identifies contemporary controversies and challenges by exploring system-wide pressures and structural mechanisms and barriers that can produce an environment susceptible and conducive to error. It highlights strategies to reduce the occurrence of future wrongful convictions and to identify and correct potential cases in the Australian justice system.

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Australian Courts: Controversies, Challenges and Change

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Legal institutions (incl. courts and justice systems)

Legal theory, jurisprudence and legal interpretation

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Dioso-Villa, R; Nash, C, Injustices and Inequitable Outcomes: Miscarriages of Justice and Wrongful Convictions, Australian Courts: Controversies, Challenges and Change, 2023, pp. 169-189

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