영국의 형사사법사산에 대한 제고찰

Abstract

The purpose of present research is to attempt a rethinking ofmiscarriages of criminal justice system in Britain: aspects of policemalpractice, the fallibility of forensic science and the failure of the trialstage. This body of work examines three chosen core factors which havecontributed towards miscarriages of justice against the defendant / suspectin UK. These three core factors are that of: police malpractice, forensicscience, and failure of the trial stage. Section two discussed policemalpractice and in doing so examines the scope for abuse as well as thetypes of abuse which may have actually occurred in the post. Policediscretion is examined alongside that of the arguable ineffectiveness of thePolice and Criminal Evidence Act 1984. Section three shattered the beliefthat forensic science is all scientifically pure and reliable. It is illustratedthat through lack of scientific knowledge, scientific contamination andscientific misinterpretation, miscarriages of justice against the suspect /defendant can result. The section also comments upon the disadvantageousnature of the Criminal Justice process with regard to the inequalitybetween the defence and the prosecution in association with funding andresources. The section four examined the failure of the trial stage. Here,the issue of trial by jury is discussed in particular their arguable lack ofknowledge in association with evidence of a complicated nature. Also, thedetrimental impact of the abolition of the peremptory challenge is focusedupon. The main member within the courtroom are also examined includingthe judiciary and the defence solicitors. The judiciary have contributed tomiscarriages of justice through influencing the jury and through thedefence counsel forwarding poor presentations. In the final section havebeen explained about conclusion and suggestion for Miscarriages ofCriminal Justice System in South Korea.