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Recommendations And Future Guidelines As To The Protection Against Miscarriages Of Justice

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Chapter Summary

This chapter focuses on developing recommendations and guidelines for judges, prosecutors, investigators, and defense lawyers that may be instrumental in preventing miscarriages of justice. One of the main causes of such miscarriages lies within the failure of the prosecution to properly disclose exculpatory evidence or investigate this evidence. A mechanism and recommendation to prevent or redress wrongful convictions, i.e., miscarriages of justice, is the invocation of expert witness testimony in a wide array of disciplines already within criminal investigations to supervise the investigative actions of the police and/or prosecution. Another mechanism as to the prevention or rectification of miscarriages of justice involves the promulgation of a (statutory) mandatory obligation to electronically record all police interviews in their entirety. Improvement of police training and, consequently, the endorsement of awareness on the part of police, prosecutorial and judicial authorities would be of great value in this regard.

Keywords: defense lawyers; expert witness; guidelines; investigators; judges; miscarriages of justice; prosecutors; recommendations



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