Rethinking of Miscarriages of Criminal Justice System in Britain: Aspects of Police Malpractice, the Fallibility of Forensic Science and the Failure of the Trial Stage

• 발행기관: 한국외국어대학교 영미연구소
• 저자명: 최관(Choi Kwan) 김민지(Kim Min C)
• 간행물 정보: 『영미연구』제32집, 331~360쪽, 전체 30쪽
• 주제분류: 어문학 > 영어와문학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

The purpose of present research is to attempt a rethinking of miscarriages of criminal justice system in Britain: aspects of police malpractice, the fallibility of forensic science and the failure of the trial stage. This body of work examines three chosen core factors which have contributed towards miscarriages of justice against the defendant / suspect in UK. These three core factors are that of: police malpractice, forensic science, and failure of the trial stage. Section two discussed police malpractice and in doing so examines the scope for abuse as well as the types of abuse which may have actually occurred in the post. Police discretion is examined alongside that of the arguable ineffectiveness of the Police and Criminal Evidence Act 1984. Section three shattered the belief that forensic science is all scientifically pure and reliable. It is illustrated that through lack of scientific knowledge, scientific contamination and scientific misinterpretation, miscarriages of justice against the suspect /defendant can result. The section also comments upon the disadvantageous nature of the Criminal Justice process with regard to the inequality between the defence and the prosecution in association with funding and resources. The section four examined the failure of the trial stage. Here, the issue of trial by jury is discussed in particular their arguable lack of knowledge in association with evidence of a complicated nature. Also, the detrimental impact of the abolition of the peremptory challenge is focused upon. The main member within the courtroom are also examined including the judiciary and the defence solicitors. The judiciary have contributed to miscarriages of justice through influencing the jury and through the defence counsel forwarding poor presentations. In the final section have been explained about conclusion and suggestion for Miscarriages of Criminal Justice System in South Korea.

목차

Ⅰ. Introduction

Ⅱ. Police Malpractice

Ⅲ. The Fallibility of Forensic Science

Ⅳ. Failure at the Trial Stage

Ⅴ. Conclusion and Suggestion

Works Cited

Abstract

키워드

경찰위법행위 법과학 재판단계 사산 영국형사사법시스템 Police Malpractice Forensic Science Trial Stage Miscarriages British Criminal Justice System