Miscarriage of justice
Overview
A miscarriage of justice primarily is the conviction
and punishment
of a person for a crime
they did not commit. The term can also apply to errors in the other direction—"errors of impunity
", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful conviction, but this is often difficult to achieve. The most serious instances occur when a wrongful conviction is not overturned for several years, or until after the innocent person has been executed or died in jail
.
"Miscarriage of justice" is sometimes synonymous with wrongful conviction, referring to a conviction reached in an unfair or disputed trial
.
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
and punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
of a person for a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
they did not commit. The term can also apply to errors in the other direction—"errors of impunity
Errors of impunity
Errors of impunity is a term used in 's book Errors of Justice and in Robert Bohm's introduction to a special edition of The Journal of Criminal Justice on miscarriages of justice. They are defined as lapses that result in criminals either remaining at large or receiving sanctions that are below a...
", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful conviction, but this is often difficult to achieve. The most serious instances occur when a wrongful conviction is not overturned for several years, or until after the innocent person has been executed or died in jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
.
"Miscarriage of justice" is sometimes synonymous with wrongful conviction, referring to a conviction reached in an unfair or disputed trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
.
Discussions
