97 research outputs found
Innocence Projects: Losing their Appeal?
This chapter discusses the preliminary results from original empirical research on the development and operation of innocence projects (hereafter IPs) at universities across the UK. An IP typically refers to a university clinic where students are tasked with investigating an alleged miscarriage of justice. This was the first research to examine IPs in the UK and was funded by the Economic and Social Research Council. In 2004, Michael Naughton created the Innocence Network UK (INUK) and established the first UK IP at the University of Bristol. INUK was established as a membership organisation for UK IPs, and between 2004 and 2014, it facilitated in the establishment of 36 projects at universities across the UK. By 2014, ten years into the movement, questions were being raised over the future of IPs; not only had they had little success in their casework but in the summer of 2014, Naughton announced that he would close INUK as a membership organisation for UK IPs. This marked the beginning of a period of uncertainty, with many questioning whether there was a future for UK IPs. This chapter was written in 2015, which was a critical time period for the UK 'innocence movement.' The chapter explores to what extent IPs might be seen to be 'losing their appeal' in the UK and examined this question in two primary ways. Firstly, drawing on available literature about UK IPs, this chapter critically analyses the IP model. It claims that UK IPs were underpinned by a distinct ideology about how a wrongful conviction should be defined and investigated; thus, when addressing whether IPs have 'lost their appeal', it is necessary to include a conceptual analysis of this question. Secondly, this chapter considered this question substantively, examining the decline in the numbers of IPs and reflecting on whether there was a future for university clinics focused on miscarriage of justice work. In order to explore these two questions, this chapter draws on interview data from sixteen current and former leaders of IPs in the UK. The chapter illustrates that the majority of participants in the research either did not identify with the original aims underpinning the IP model or had ceased to; and therefore, in a conceptual sense, we might see that UK IPs have lost their appeal. However, in a substantive sense, although there had been a decline in the numbers of IPs there were still a number of university projects continuing; thus, there appeared to be a continuing appetite for university clinics with a focus on investigating miscarriages of justice
The UK Innocence Movement: Past, Present, and Future?
This chapter drew on original empirical data to explore the state of âUK innocence movementâ, which refers to the development and operation of innocence projects (hereafter IPs) across the UK. This was the first research to examine IPs in the UK and was funded by the Economic and Research Council. IPs originated in the United States and are typically university based clinics in which law students investigate claims of alleged miscarriages of justice. Approximately 38 IPs were established in the UK between 2004 and 2014; the rapid spread of such projects has led to this being referred to as the 'UK innocence movement'. The combination of a trend towards clinical legal education in the UK and the rapidly increasing number of IPs suggested that the UK innocence movement was going from strength to strength. However, by 2014, after ten years in operation, IPs had only ever had three cases referred to the Court of Appeal and these were from only two universities; furthermore, in the summer of 2014, Michael Naughton announced he would be closing the Innocence Network UK (INUK) as a membership organisation for IPs. This marked the beginning of a period of instability and uncertainty for UK IPs as many relied on INUK to screen suitable cases, to provide training and to set national standards. This chapter was written in 2015, which was a critical time for the UK âinnocence movementâ. Drawing on 19 semi-structured interviews with leaders of IPs and other similar clinics, this chapter discusses the origins of the UK innocence movement, reflects on its position in 2015, and then considers the future landscape for IPs. This chapter discusses a number of problems that participants identified with the UK movement, including systemic challenges, difficulties within the network, and tensions within the IP model. It illustrates how despite a decline in the number of university IPs, there were many intending to continue; and that rather than seeing this as a period of decline, many participants saw this as a period of evolution. This chapter concludes that the future might see a phasing out of the IP model, but this would be replaced with a new emerging model of university miscarriage of justice clinics
Rethinking innocence projects in England and Wales: lessons for the future
This article draws on original empirical research to explore the rise and fall of innocence projects across England and Wales. Innocence projects are university-based projects which seek to educate students, to assist the wrongly convicted and to contribute to research and reform within criminal justice. Thirty-six projects were established between 2004 and 2014 under Innocence Network UK, but following the network's closure, projects appear to be gradually disappearing. Drawing on empirical evidence from key actors, this article argues that the decline of innocence projects resulted from both emerging tensions within the innocence project movement itself and through the external constraints of operating within a restrictive criminal appeal system. It will conclude by rethinking how surviving projects might play a valuable role in addressing miscarriages of justice in the current climate
Responding to the danger of wrongful conviction for historical sexual abuse: A case for resurrecting abuse of process for delay?
This article examines the potential risk of wrongful conviction for defendants facing historical sexual abuse charges where there is substantial delay. This risk arises from problems with truth-finding based on witness testimony, challenges posed by missing evidence and the increasing erosion of procedural safeguards. This article considers two recent proposals for reform, including first, whether the Court of Appeal should be more prepared to revisit the factual basis of decisions in historical sexual offence appeals; or second, whether there is a need to strengthen procedural safeguards at trial through the doctrine of abuse of process for delay. This article concludes that, whilst there would be advantages to broadening the grounds for appeal, the criminal courts should be more prepared to stay substantially delayed claims for abuse of process where there is missing evidence. The current approach has the potential to be unfair and fails to protect those defendants who are most disadvantaged by delayed claims
Exploring the UK innocence movement: tension, reconfiguration and theorisation
This is the first in-depth empirical research into the UK âinnocence movement,â which refers to the establishment of innocence projects (IPs) across the UK. IPs are university clinics in which students investigate cases of alleged miscarriages of justice. The Innocence Network UK (INUK) was founded in 2004 and assisted in the development of thirty-six IPs across the UK. This thesis utilised empirical methods undertaking semi-structured interviews with past and present leaders of IPs and other criminal appeal units. It provides three original insights into the UK innocence movement. First, it explored the distinctive model of IPs offered in the core literature and identified several underlying tensions within it. However, the research found the majority of sampled IPs did not conform to this model. Thus for heuristic purposes, and to examine the contrasting aims and objectives of criminal appeal clinics, the thesis sets out two ideal types and uses the evidence from interviews to place the sampled projects along a continuum between these. This section illustrated that the tensions within the literature model of IPs resulted in the sampled projects either evolving away from this approach, or not adopting it in the first place. Secondly, the thesis asks whether the innocence movement can be seen to follow a ârise and fallâ trajectory, as the initial expansion of INUK was followed by its closure and the demise of several IPs. Instead, it is argued that the movement is better understood as having undergone a reconfiguration, and that the future landscape for miscarriage of justice work looks likely to be very different from that portrayed in the literature. Finally, the thesis adapts Luhmannâs Social Systems theory as a theoretical framework for examining the evolution of the UK innocence movement. The analysis concludes that this can provide theoretical insights into why the original aims and objectives of IPs were not realised. Insight is also drawn from Nobles and Schiff and their account of systems theory, which is used to further explore the tensions within the IP concept. The thesis conclusion reflects on the findings and offers suggestions for future research opportunities in these areas of legal education and analysis
Diversified Long-term Growth: A Winning Portfolio for Mountain Research
The diversity of membership in the Mountain Research Initiative (MRI) is one of its principal assets. This diversity is now exemplified in MRI's Science Leadership Council, composed of active mountain researchers from around the world and charged with leading the MRI. The first major task of the Science Leadership Council was the development of MRI's Strategic Plan, a document that makes explicit what has been implicit for years in MRI's activities. The Strategic Plan provides a common vision, a focused mission, a set of guiding principles, long-term goals, and more specific and measurable objectives. It provides the framework for MRI's most recent grant application to the Swiss National Science Foundation and similarly guides the progress of the MRI toward its vision
The Lantern Vol. 55, No. 2, Spring 1989
⢠Sitting On a Summer Bench ⢠A Perfect Daughter I Could Never Be ⢠Roots And Wings ⢠Sensai ⢠The Last Three Weeks of August ⢠Grown Up ⢠What Size? ⢠Hidden Colors ⢠Victims ⢠I Listen for Your Voice ⢠Thoughts ⢠In Remembrance of Grandpa ⢠Jesus Christ, Terry ⢠Penance ⢠The Guys Are Driving High ⢠You and Me and Big Ginko ⢠The Good Ole Days of Seventh Grade ⢠Cycles ⢠Leather Upholstery ⢠Chicago Kris in Cairo ⢠Lemonade and Medicine ⢠My Last 7:15 Communionhttps://digitalcommons.ursinus.edu/lantern/1134/thumbnail.jp
Information-sharing with respite care services for older adults:a qualitative exploration of carersâ experiences
This study was financially supported by the Queenâs Nursing Institute Scotland (QNIS Project ELCRI01), Edinburgh, Scotland.Respite services play an important role in supporting older adults and their carers. When an older person is unable to fully represent themselves, provision of respite care relies on effective information-sharing between carers and respite staff. This study aimed to explore, from carersâ perspectives, the scope, quality and fit of information-sharing between carers, older people and respite services. An explorative, cross-sectional qualitative study involving a purposive sample of 24 carers, recruited via carer support groups and community groups in voluntary organisations, was undertaken in North East Scotland. Data were collected from August 2013 to September 2014, with participants taking part in a focus group or individual interview. Data were analysed systematically using the Framework Approach. The multiple accounts elicited from carers identified how barriers and facilitators to information-sharing with respite services changed over time across three temporal phases: âReaching a pointâ, âTrying it outâ and âSettled inâ. Proactive information-sharing about accessibility and eligibility for respite care, and assessment of carersâ needs in their own right, were initially important; as carers and older people moved on to try services out, time and space to develop mutual understandings and negotiate care arrangements came to the fore; then, once shared expectations had been established, carersâ chief concerns were around continuity of care and maintaining good interpersonal relationships. The three temporal phases also impacted on which modes of information-sharing were available to, and worked best for, carers as well as on carersâ perceptions of how information and communication technologies should be utilised. This study highlights the need for respite staff to take proactive, flexible approaches to working with carers and to make ongoing efforts to engage with carers, and older people, throughout the months and years of them utilising respite services. Information and communication technologies have potential to enhance information-sharing but traditional approaches will remain important.PostprintPeer reviewe
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