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Causes And Pre-Disposing Factors Of Miscarriages Of Justice: A Legal Overview

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Chapter Summary

The causes of miscarriages of justice within criminal cases, and the pre-disposing factors that may fuel miscarriages of justice. This chapter focuses on four categories of causes that underlie miscarriages of justice in criminal cases. The categories of causes are errors caused by police investigation prior to trial, errors caused by the prosecution prior to or during the trial, errors caused by prosecution witnesses and miscellaneous sources of error. As to the issue of pre-disposing factors in this regard, considerable research has been done in the past decade on the pre-disposing factors and causes of miscarriages of justice. This research is mainly due to the increased attention to the subject of wrongful convictions. In this regard, research reveals that most miscarriages of justice arise from three common pre-disposing factors such as a criminal prosecution may rest on unreliable evidence or evidence susceptible to abuse of process by police or prosecution.

Keywords: criminal cases; miscarriages of justice; police investigation; pre-disposing factors; prosecution

10.1163/ej.9781571053602.i-212.14
/content/books/10.1163/ej.9781571053602.i-212.14
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