Rethinking Miscarriages of Justice

1. Front Matter

   Pages i-xiv

   PDF

2. Introduction

   • Michael Naughton

   Pages 1-13

3. What is a Miscarriage of Justice?

   • Michael Naughton

   Pages 14-36

4. The Official Miscarriage of Justice Iceberg

   • Michael Naughton

   Pages 37-52

5. Causation: Beyond the Official Miscarriage of Justice Iceberg

   • Michael Naughton

   Pages 53-78

6. Government

   • Michael Naughton

   Pages 79-94

7. Campaigns

   • Michael Naughton

   Pages 95-118

8. Academia

   • Michael Naughton

   Pages 119-133

9. Human Rights

   • Michael Naughton

   Pages 134-160

10. Zemiology

    • Michael Naughton

    Pages 161-186

11. Conclusion

    • Michael Naughton

    Pages 187-191

12. Back Matter

    Pages 192-233

    PDF

Drawing on Foucauldian theory and 'social harm' paradigms, Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.

• criminal justice
• government
• human rights

'It is important to refresh our perspectives upon the perennial problem of miscarriages of justice, and Michael Naughton. . . thoroughly explains to us in his book why, after a Royal Commission and so much criminal justice legislation, reform remains essential.' - Clive Walker, Professor of Criminal Justice Studies, Leeds University, UK

'This book provides a refreshing new approach to the analysis of miscarriages of justice. Drawing upon Foucault's analysis of governmentality and the emerging new perspective of zemiology, it maps a new terrain for understanding miscarriages. It is clearly written and succinct. It should be essential reading for students of law, criminology, sociology and politics.' - Paddy Hillyard, Professor of Sociology, Queen's University Belfast, UK

'Michael Naughton's analysis succeeds in identifying a new and relevant perspective which challenges some of the assumptions made by different groups within society about miscarriages of justice. . . Most importantly the book does move the miscarriage of justice debate forward, highlighting from a humanitarian perspective not only the true scale of the problem but also the devastating and often under-estimated extent of harm that results. In addition it reflects on some avenues and approaches that can be utilised to promote positive change rather than presenting as a document of despair. As such it is an important read for all parties concerned about this issue.' - Dennis Eady, Criminology and Criminal Justice

'. . . in this book Naughton attempts to contribute to new ways of thinking about and acting upon miscarriages of justice. . .' - The Criminal Lawyer

• University of Bristol, UK

  Michael Naughton

MICHAEL NAUGHTON is a Lecturer in Sociology and Law at the University of Bristol, UK. He has written widely on miscarriages of justice and the wrongful conviction of the innocent, emphasizing the extensive range of harmful consequences that they engender. He founded the Innocence Network UK (INUK), and the University of Bristol Innocence Project (UoBIP), the first dedicated innocence project in the UK.

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