scholarly journals Fresh Evidence and Factual Innocence in the Criminal Division of the Court of Appeal

2017 ◽  
Vol 81 (4) ◽  
pp. 303-327 ◽  
Author(s):  
Stephanie Roberts
Keyword(s):  
Empirical Research ◽  
Wrongful Convictions ◽  
Jury Verdict ◽  
Qualitative And Quantitative ◽  
Factual Error ◽  
The Law ◽  
New Evidence ◽  
Court Of Appeal ◽  
Broad Consensus

One of the main criticisms of the Criminal Division of the Court of Appeal has been that it is deficient at identifying and correcting the wrongful convictions of the factually innocent. These criticisms stem from the court’s perceived difficulties in relation to appeals based on factual error. The main ground of appeal for errors of fact is fresh evidence, and these appeals are particularly problematic because they require the court to trespass on the role of the jury somewhat in assessing new evidence on appeal against the evidence at trial in order to determine whether the conviction is unsafe. The broad consensus is that the court’s difficulties are caused by three main issues: its deference to the jury verdict; its reverence for the principle of finality; and a lack of resources to deal with huge numbers appealing. There is less agreement in identifying the source of the problems because it is not clear whether they derive from legislative powers or the interpretation of those powers by the judiciary. This article uses both qualitative and quantitative empirical research in order to try to determine what the court’s approach is in fresh evidence appeals and, if there are problems, whether it is the law or the interpretation of the law by the judiciary which is to blame. It also proposes reforms designed to make it easier for the court to rectify miscarriages of justice.

ESTOPPEL BY REPRESENTATION AS A DEFENCE TO RESTITUTION: THE EXCEPTION PROVES THE RULE?

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Paul Key
Keyword(s):  
Practical Effect ◽  
The Law ◽  
The Relationship ◽  
Court Of Appeal

The recognition of the defence of change of position in Lipkin Gorman v. Karpnale Ltd. [1991] 2 A.C. 548 was a landmark for the law of restitution. In the ten years which have followed Lipkin Gorman, courts and academics have been involved in two, closely related, tasks: first, a description of the content and nature of the defence of change of position; and, secondly, an analysis of the relationship between change of position and other defences to restitution. An important aspect of the latter task has been the fundamental re-examination of the role of estoppel by representation as a defence to restitution. Two recent cases in the Court of Appeal, Scottish Equitable plc v. Derby [2001] 3 All E.R. 818 and National Westminster Bank plc v. Somer International (UK) Ltd. [2001] Lloyd’s Rep. Bank. 263, indicate that, although estoppel by representation remains a defence, the practical effect of the defence will often be much more limited than had been previously understood.

scholarly journals Innocence and Federal Habeas after AEDPA: Time for the Supreme Court to Act

2012 ◽  
Vol 24 (4) ◽  
pp. 300-307 ◽  
Author(s):  
Joseph L. Hoffmann
Keyword(s):  
Supreme Court ◽  
Empirical Research ◽  
Law School ◽  
Habeas Corpus ◽  
Wrongful Conviction ◽  
Proper Role ◽  
The Supreme Court ◽  
The Media ◽  
New Evidence

New empirical research shows that, since AEDPA, the likelihood of success in non-capital federal habeas corpus has dropped to less than one percent. Federal habeas courts continue to be concerned about the wrongful conviction of innocent defendants, but their role in such cases must be redefined. Habeas courts are structurally incapable of effectively screening and investigating claims of wrongful conviction; these responsibilities are better performed by extrajudicial actors such as innocence projects, innocence commissions, law school clinics, volunteer lawyers, and the media. The proper role of habeas is to provide a clear path to relief, unencumbered by procedural restrictions, for petitioners who can produce clear and convincing new evidence of innocence. The Supreme Court should help to create such a path by finally acknowledging the constitutional status of “bare innocence” claims based on new evidence.

scholarly journals PERAN DAN KEDUDUKAN EMPAT PILAR DALAM PENEGAKAN HUKUM HAKIM JAKSA POLISI SERTA ADVOCAT DIHUBUNGKAN DENGAN PENEGAKAN HUKUM PADA KASUS KORUPSI

2016 ◽  
Vol 6 (1) ◽  
pp. 83
Author(s):  
Ali Imron
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Public Domain ◽  
Impulsive Behavior ◽  
The Public ◽  
Way Of Thinking ◽  
The Law ◽  
Sense Of Justice

This research explains the role of the four pillars in law enforcement judges, prosecutors, police and advocates. primarily address corruption need to be instilled sense of justice and implanted " morality" to the mental and cultural.enforcement espoused give someone for corruption. Because of the opportunity and intention to commit the crimes of this corruption.This research using normative and empirical research. First, the legal habitus opportunis part neofeodalistik way of thinking in law enforcement; second, habitus empowerment law that puts opportunis in the implementation of law enforcement in the public domain has the potential to move the law impulsive behavior that tends manipulative, coercive and veiled and other immoral practices . Especially matters related to corruption.  Keywords: right of children toplay, public greenopen space, the role oflocal government.

Land Law

2020 ◽  
Author(s):  
Elizabeth Cooke
Keyword(s):  
Land Law ◽  
Unique Role ◽  
The Supreme Court ◽  
Static Security ◽  
The Law ◽  
The Many ◽  
Ownership Of Land ◽  
Court Of Appeal ◽  
Law Commission

This book is an account of the land law of England and Wales written in the Clarendon style: as a letter to a friend, with a minimum of footnotes and statutory material. It explains the origins of land law in the feudal system, its transformation by the legislation of 1925, and the modern regime in which registration is the key to the validity and enforceability of interests in land. The unique role of the trust in English law is explored, and the many complications that can arise where ownership of land is shared (whether concurrently or consecutively). Themes of the book include the management of complexity in land law, and the tension between dynamic and static security. The law of mortgages, leases, easements, and covenants is explained. Recent decisions of the Court of Appeal and the Supreme Court are discussed, as are reform proposals by the Law Commission.

scholarly journals The impact of attitudes towards influencers amongst millennial fashion buyers

2019 ◽  
Vol 18 (2) ◽  
Author(s):  
Patricia SanMiguel ◽  
Simone Guercini ◽  
Teresa Sádaba
Keyword(s):  
University Students ◽  
Focus Groups ◽  
Empirical Research ◽  
Opinion Leaders ◽  
The Internet ◽  
Qualitative And Quantitative ◽  
Different Types ◽  
The Impact ◽  
Depth Interviews

The aim of this paper is to identify influencers and the way they affect the behavior of millennial buyers in the process of consuming fashion goods. The paper examines the literature on opinion leaders, ranging from the origins of the concept to its developments within the context of the Internet. The shift from influential to influencer and the different types of influencer are examined and certain hypotheses regarding the role of influencers (including all the influential players) regarding fashion-buying millennials are presented. The paper presents the results of qualitative and quantitative empirical research based on focus groups and in-depth interviews with 22 university students. Findings from this research and their implications regarding the different stages of the millennial buying process are discussed.

scholarly journals What Makes a "Leading" Case

2010 ◽  
Vol 41 (3) ◽  
pp. 317 ◽  
Author(s):  
Sir Ivor Richardson
Keyword(s):  
Empirical Research ◽  
Historical Context ◽  
50Th Anniversary ◽  
Research Results ◽  
The Law ◽  
Court Of Appeal

The theme developed in the paper is that what makes a leading case is not immediately apparent or able to be captured in a short definition. The crucial questions are how and why a case is seen to be or to have been particularly influential in settling an area of the law. Exploring these questions necessarily involves viewing the case in its historical context. Economic and behavioural implications and impacts should also be kept in mind.The paper draws on empirical research involving retired judges, experienced lawyers and judges' clerks and on specialist essays by senior academic lawyers produced for the 50th anniversary conference of the Court of Appeal in 2008. The research results show how much room there is for differing assessments of significance. The second half of the paper discusses a range of appeal cases explaining how and why the Court focussed on particular matters of significance in deciding the cases.

scholarly journals Learning by experience on the Innocence Project in London: the employer/employee environment

2018 ◽  
Vol 25 (1) ◽  
pp. 173
Author(s):  
Louise Hewitt
Keyword(s):  
Law Students ◽  
Clinical Learning ◽  
Criminal Cases ◽  
Wrongful Convictions ◽  
Pro Bono ◽  
Set Up ◽  
Appeals Process ◽  
Innocence Project ◽  
New Evidence ◽  
Court Of Appeal

<p>The Innocence Project London is a <em>pro bono</em> project dedicated to investigating wrongful convictions in the context of individuals who claim actual innocence i.e. they did not commit the crime for which they have been convicted. Law students undertake work on the cases of convicted individuals who have maintained their innocence but have exhausted the criminal appeals process. The only avenue available to these individuals is to make an application to the Criminal Cases Review Commission (CCRC), which was set up to investigate the cases of people who believe they have been wrongfully convicted. The CCRC has the power to refer a case back to the Court of Appeal but requires new evidence or a new legal argument not identified at the time of the trial, which might have changed the whole outcome of the trial had the jury had been given a chance to consider it.</p><p>Whilst the notion of innocence projects has been much debated in literature the purpose of this paper is to present the pedagogy of the Innocence Project London and the meaningful learning opportunity it provides to students. The pedagogy combines experiential learning with elements of work based learning to create an employer/ employee environment. Law students are ‘employed’ to work on the Project where the employment process starts with a two-stage application. The clinical learning model on an innocence project is distinct from the traditional clinic approach, in that students start work at the end of a case rather than at the beginning. The problem-solving therefore is developed in the context of critical judgement based on what happened when the case was decided in court as opposed to how the case should be presented in court. The learning for the students has been significant.</p>

The Metamorphosis of Criminal Justice

2020 ◽  
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Final Part ◽  
Comparative Approach ◽  
Wrongful Convictions ◽  
The Law ◽  
Procedural Values

The focus of this book is the potentially radical and fundamental changes that are taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European, or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, the book then discusses how the roles of prosecution and defense have been reshaped in different ways in both jurisdictions—both in the text of the law and in their practices. The final part considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and, in particular, the role of the defense in these procedures. By adopting a comparative approach with France, the study explores the nature and reach of these trends, the ways that they challenge and disrupt criminal processes and values, and the contrasting responses that they provoke. It reveals how criminal justice traditions continue to be shaped in different ways by broader policy and political concerns; how different systems adapt, change, and distort when faced with (sometimes conflicting) pressures domestically and externally; and how different procedural values may serve to structure or limit reform, and so work to facilitate or resist change.

scholarly journals PERAN PEMERINTAH DESA DALAM PENANGGULANGAN KEJAHATAN (Studi Di Desa Nowa Kecamatan Woja Kabupaten Dompu)

2021 ◽  
Vol 7 (4) ◽  
Author(s):  
Aman Ma’arij ◽  
Gufran Gufran
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Empirical Research ◽  
Law Enforcement Officers ◽  
Alcohol And Drugs ◽  
Empirical Research Methods ◽  
The Law ◽  
Village Government ◽  
The Village

Crime is a bad act, derived from the word evil which means very bad, very bad, very bad, while juridically crime is defined as an act that violates the law or is prohibited by law in the first problem research what is the cause of crime in Indonesia? Nowa Village, Woja District, Dompu Regency and how is the role of the nowa village government in overcoming crimes such as gambling, conflict and other crimes. The purpose of this study was to find out how the role of the village government in overcoming crime in the village of Nowa, Woja sub-district, Dompu district and the factors that influence the occurrence of crime in Nowa Village, Woja District, Dompu Regency, this study used empirical research methods using the approach of legislation, sociology and cases. The results showed that the role of the village government in tackling crime in the nowa village was to carry out socialization at the hamlet level and strengthen coordination between agencies, both from the village government and law enforcement officers (police) and the factor that influenced the occurrence of crime in nowa village was the level of youth promiscuity. , Brutal Archery, Rampant Distribution of Alcohol and Drugs, Legal Gambling, and Brawls Between Youth.

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