Expert evidence and miscarriage of justice. The case of Sally Clark

Essay , 2015 , 12 Pages , Grade: 81

Law - Penology

This essay examines the role of expert evidence in court decisions and subsequent miscarriage of justice. To this end, it takes a look at the case of Sally Clark, who was initially convicted for murdering her two infant children and later cleared of the charges.

A miscarriage of justice is an ambiguous phase that is capable of instigating many distinctive meanings, interpreted and influenced by life experiences. The widely considered definition is a failure to attain justice. However this undermines The Criminal Justice System who robustly endeavours to convey justice for all, by convicting the guilty and protecting the innocent. Unfortunately this ambition is belittled by the never-ending statistic that defendants are still being wrongfully imprisoned this is because some experts are culprits of fabricating and concealing evidence. Sally Clark’s trial replicates similar characteristics.

Inhaltsverzeichnis (Table of Contents)

• A Miscarriage of Justice
• The Role of Expert Evidence
• The Adversarial System and Miscarriages of Justice
• The Impact of Expert Evidence on Jury Decisions
• The Importance of Scrutinizing and Questioning Expert Evidence
• The Role of the Judge in Directing the Jury
• The Consequences of Miscarriages of Justice
• The Need for Reform in the Justice System

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This text examines the phenomenon of miscarriages of justice, specifically focusing on cases where expert evidence has played a significant role in wrongful convictions. It analyzes the shortcomings of the adversarial system in relation to unreliable expert testimony, highlighting the potential for manipulation and misinterpretation of scientific evidence by juries.

• The impact of unreliable expert evidence on criminal justice outcomes
• The role of the adversarial system in perpetuating miscarriages of justice
• The importance of scrutinizing and questioning expert evidence in criminal trials
• The influence of societal pressures and biases on expert opinion and jury decisions
• The need for reform in the justice system to ensure fair and accurate trials

Zusammenfassung der Kapitel (Chapter Summaries)

• The text begins by defining the concept of a miscarriage of justice and highlighting the importance of ensuring justice for all. It then examines the case of Sally Clark, who was wrongly convicted of murdering her two infant children, highlighting the role of unreliable expert evidence in her conviction.
• The text then delves into the broader issue of the adversarial system and its potential for perpetuating miscarriages of justice. It analyzes the case of R v Harris, where a group of experts misdiagnosed a baby's cause of death, demonstrating how even reputable experts can be influenced by outdated theories and biases.
• The text further explores the impact of expert evidence on jury decisions, focusing on the case of R v Dallagher, where a DNA test revealed the fallibility of ear-print evidence used to convict him. This case highlights the potential for juries to be misled by unreliable scientific evidence.
• The text emphasizes the importance of scrutinizing and questioning expert evidence, arguing that juries should not blindly accept expert opinions without critical analysis. It examines the case of Angela Cannings, who was wrongly convicted of murdering her two children, highlighting the dangers of relying on "Meadow's Law" and other unsupported theories.
• The text concludes by discussing the consequences of miscarriages of justice and the need for reform in the justice system. It calls for increased scrutiny of expert evidence, better guidance for juries, and greater awareness of the potential for biases and manipulation in the adversarial system.

Schlüsselwörter (Keywords)

Miscarriage of justice, expert evidence, adversarial system, unreliable testimony, scientific evidence, jury decisions, societal pressures, biases, reform, justice system, Sally Clark, R v Harris, R v Dallagher, Angela Cannings, Meadow's Law, cot death.

• College: University of the West of England, Bristol
• Course: Forensic Computing and Security
• Grade: 81
• Author: Jasmin Chilley (Author)
• Publication Year: 2015
• Pages: 12
• Catalog Number: V316602
• ISBN (eBook): 9783668168343
• ISBN (Book): 9783668168350
• Language: English
• Tags: law, expert evidence, rvclark, cannings, miscarriage, justice