Miscarriages of justice : the uncertainty principle

The thesis examines in detail the potential for error and distortion in the criminal justice process and the concept of case construction which may contribute to wrongful convictions. The effectiveness of post conviction procedures is then also considered. Three detailed case studies are utilised to illustrate case construction, post conviction issues and current social/cultural factors that may impact on miscarriages of justice. The thesis argues that the "Uncertainty Principle" permeates the criminal justice process such that wrongful convictions are an inevitable risk and moreover that, while there are certain safeguards that protect from some of the problems of the past, there remains a high potential for such events to occur. This potential is exacerbated by the current political "convictionist" rhetoric and policy framework and by trends and developments in the media world and the consequent social influence of this. Further concerns are expressed at the continuing reluctance of post conviction agencies, most notably the Court of Appeal, to fully recognise the risks inherent in the system. Consequently post-conviction procedures continue to function on the principle of finality within the system and prioritise the protection of the decisions of the lower courts. It is argued that the principle should not be finality but uncertainty and that the protection of the innocent rather than the protection of the image of the system should be the paramount concern. The thesis considers the often illusory nature of some of the principles of the criminal justice system and utilises notions of "magical legalism" (Cohen 2001) and other psychological processes that may be involved in maintaining the illusions. Some recommendations for change are proposed, focusing primarily on the philosophical change that is required to change the principles originally designed to protect the innocent from illusion into reality.EThOS - Electronic Theses Online ServiceGBUnited Kingdo

Miscarriages of justice: the uncertainty principle

The thesis examines in detail the potential for error and distortion in the criminal justice process and the concept of case construction which may contribute to wrongful convictions. The effectiveness of post conviction procedures is then also considered. Three detailed case studies are utilised to illustrate case construction, post conviction issues and current social/cultural factors that may impact on miscarriages of justice. The thesis argues that the 'Uncertainty Principle' permeates the criminal justice process such that wrongful convictions are an inevitable risk and moreover that, while there are certain safeguards that protect from some of the problems of the past, there remains a high potential for such events to occur. This potential is exacerbated by the current political 'convictionist' rhetoric and policy framework and by trends and developments in the media world and the consequent social influence of this. Further concerns are expressed at the continuing reluctance of post conviction agencies, most notably the Court of Appeal, to fully recognise the risks inherent in the system. Consequently post-conviction procedures continue to function on the principle of finality within the system and prioritise the protection of the decisions of the lower courts. It is argued that the principle should not be finality but uncertainty and that the protection of the innocent rather than the protection of the image of the system should be the paramount concern. The thesis considers the often illusory nature of some of the principles of the criminal justice system and utilises notions of 'magical legalism' (Cohen 2001) and other psychological processes that may be involved in maintaining the illusions. Some recommendations for change are proposed, focusing primarily on the philosophical change that is required to change the principles originally designed to protect the innocent from illusion into reality

Truth-finding and the adversarial tradition: the experience of the Cardiff Law School Innocence Project

Discusses the work of the Cardiff Law School Innocence Project (CLSIP) in reinvestigating allegations of wrongful conviction. Reviews the truth-finding vulnerabilities of the pre-trial process, whether police investigations are always examples of systematic searches for truth, and obstacles to defence lawyers' search for exculpatory materials. Details CLSIP's approach to evaluating investigations and responding to defence or disclosure failures

Glutathione determination by the Tietze enzymatic recycling assay and its relationship to cellular radiation response.

Large fluctuations in glutathione content were observed on a daily basis using the Tietze enzyme recycling assay in a panel of six human cell lines of varying radiosensitivity. Glutathione content tended to increase to a maximum during exponential cell proliferation, and then decreased at different rates as the cells approached plateau phase. By reference to high-performance liquid chromatography and flow cytometry of the fluorescent bimane derivative we were able to verify that these changes were real. However, the Tietze assay was occasionally unable to detect glutathione in two of our cell lines (MGH-U1 and AT5BIVA), although the other methods indicated its presence. The existence of an inhibitory activity responsible for these anomalies was confirmed through spiking our samples with known amounts of glutathione. We were unable to detect a direct relationship between cellular glutathione concentration and aerobic radiosensitivity in our panel of cell lines

Re-evaluating post-conviction disclosure: A case for ‘better late than never’

This article contends that the legal position regarding the scope of post-conviction disclosure duties ought to be revisited. First, it will discuss the leading Supreme Court case on this issue Nunn v Chief Constable of Suffolk Police and will argue that the decision warrants reconsideration as it is grounded in flawed assumptions that cannot be sustained. Second, it will make the case for strengthening the rights of defendants to access material post-trial, particularly in a climate of austerity where more defendants are relying on university projects and other charitable organisations to assist them in appealing against their conviction. Third, the article will suggest that consideration is given to proposals in an ‘Open Justice Charter’ to promote fairness and transparency in the criminal justice system and, furthermore, will suggest that an independent disclosure agency ought to be established to deal with criminal disclosure issues pre and post-trial

Concordant Gene Expression in Leukemia Cells and Normal Leukocytes Is Associated with Germline cis-SNPs

The degree to which gene expression covaries between different primary tissues within an individual is not well defined. We hypothesized that expression that is concordant across tissues is more likely influenced by genetic variability than gene expression which is discordant between tissues. We quantified expression of 11,873 genes in paired samples of primary leukemia cells and normal leukocytes from 92 patients with acute lymphoblastic leukemia (ALL). Genetic variation at >500,000 single nucleotide polymorphisms (SNPs) was also assessed. The expression of only 176/11,783 (1.5%) genes was correlated (p<0.008, FDR = 25%) in the two tissue types, but expression of a high proportion (20 of these 176 genes) was significantly related to cis-SNP genotypes (adjusted p<0.05). In an independent set of 134 patients with ALL, 14 of these 20 genes were validated as having expression related to cis-SNPs, as were 9 of 20 genes in a second validation set of HapMap cell lines. Genes whose expression was concordant among tissue types were more likely to be associated with germline cis-SNPs than genes with discordant expression in these tissues; genes affected were involved in housekeeping functions (GSTM2, GAPDH and NCOR1) and purine metabolism

Deciphering Normal Blood Gene Expression Variation—The NOWAC Postgenome Study

There is growing evidence that gene expression profiling of peripheral blood cells is a valuable tool for assessing gene signatures related to exposure, drug-response, or disease. However, the true promise of this approach can not be estimated until the scientific community has robust baseline data describing variation in gene expression patterns in normal individuals. Using a large representative sample set of postmenopausal women (N = 286) in the Norwegian Women and Cancer (NOWAC) postgenome study, we investigated variability of whole blood gene expression in the general population. In particular, we examined changes in blood gene expression caused by technical variability, normal inter-individual differences, and exposure variables at proportions and levels relevant to real-life situations. We observe that the overall changes in gene expression are subtle, implying the need for careful analytic approaches of the data. In particular, technical variability may not be ignored and subsequent adjustments must be considered in any analysis. Many new candidate genes were identified that are differentially expressed according to inter-individual (i.e. fasting, BMI) and exposure (i.e. smoking) factors, thus establishing that these effects are mirrored in blood. By focusing on the biological implications instead of directly comparing gene lists from several related studies in the literature, our analytic approach was able to identify significant similarities and effects consistent across these reports. This establishes the feasibility of blood gene expression profiling, if they are predicated upon careful experimental design and analysis in order to minimize confounding signals, artifacts of sample preparation and processing, and inter-individual differences

Strategies to improve retention in randomised trials.

Loss to follow-up from randomised trials can introduce bias and reduce study power, affecting the generalisability, validity and reliability of results. Many strategies are used to reduce loss to follow-up and improve retention but few have been formally evaluated

Re-evaluating post-conviction disclosure: a case for 'better late than never'

The recent instances of fundamental failings in pre-trial disclosure should also place systemic procedures for post-conviction disclosure firmly in the spotlight. Drawing on the authors’ experience of working on university miscarriage of justice projects, this paper will argue that the UK Supreme Court decision in R v Nunn must be revisited to strengthen the duty of disclosure of material post-trial, and to provide sanctions for authorities that fail to comply. In the current climate of austerity, there is increasing reliance on student projects and other similar organisations to assist appellants post-conviction; it is necessary to determine what their role should be and what rights they might have to access material on behalf of defendants. The article concludes by suggesting that fairness demands for consideration to be given to proposals in the “Open Justice Charter,” which is a document drafted by several academics and practitioners in the field of criminal appeals