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Reasons to Doubt - Wrongful Convictions and the Criminal Cases Review Commission (Hardcover)
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Reasons to Doubt - Wrongful Convictions and the Criminal Cases Review Commission (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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This book reveals what happens to applications for post-conviction
review when those in England, Wales, and Northern Ireland who
believe they are wrongfully convicted apply to the Criminal Cases
Review Commission, the only body that can refer a case back to the
Court of Appeal once appellants opportunities for direct appeal are
exhausted. While the Court is obliged to hear all such referrals,
the Commission can only refer a case where it believes there is a
real possibility that the Court will quash the conviction. The
first empirical study of all stages of decision-making within the
Commission, this book starts from the premise that the test applied
by the Commission (the real possibility test) is not inflexible.
Though created by statute and refined through case law, it must be
determined on a case-by-case basis, drawing too on cultural and
structural variables, alongside fresh evidence gathered by the
Commission. Through in-depth analysis of case files and interviews,
Hoyle and Sato scrutinize the Commissions operational practices,
its working rules and assumptions, considering how these influence
its understanding of the real possibility test. Situating their
rich empirical data within a framework of the Commissions social,
organizational, and legal contexts, this book demonstrates that in
its open-ended investigations there is considerable scope for
discretion; for thorough exploration of all possible avenues or for
choosing a more superficial consideration of a case. It emerges
that while structured internal guidance, drawing heavily on Court
jurisprudence, shapes decision-making, creating consistency in
approach, there remains some variability across cases, over time,
that can be accounted for by the different professional backgrounds
and personalities of Commission staff.
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