The Innocent and the Criminal Justice System examines competing perspectives on, and definitions of, miscarriages of justice in this critical examination of innocence and wrongful conviction.
• is the first book of its kind to cover miscarriages of justice and wrongful convictions, from definition and causation to the limits of redress
• provides a wealth of case studies and statistics to apply theoretical discussions of the criminal justice system to real-life situations
• discusses ideas and challenges that are highly relevant to current political and social debates
Elegantly written by a leading expert in the field, this book is essential reading for students of criminology, criminal justice and law, looking to understand the workings of the criminal justice system and how it can fail the innocent.
‘A compelling, provocative and engaging book that meticulously and persuasively unearths the vagaries and uncertainties of due process and the rule of law. It critiques and redefines notions of “innocence” and “justice” in ways that challenge values long upheld as cornerstones of democratic society. Michael Naughton is an innovative and inspiring thinker and this book confirms his status as a leading international authority on wrongful convictions and miscarriages of justice.’ – Reece Walters, Professor of Criminology, Queensland University of Technology, Australia
… written by an author with a long record of active engagement with miscarriages of justice issues, this gives the book a level of passion and insider, practical knowledge that distinguishes it from others in the field.’ – Professor Gerry Johnstone, University of Hull, UK
‘For too long lawyers and criminal justice scholars have been struggling to develop an adequate socio-legal account of miscarriages of justice and the factors that produce them as aberrations in our criminal justice system. In The Innocent and the Criminal Justice System Michael Naughton has taken us to a new goal and a new stage of analysis; an adequate socio-legal account of our criminal justice system itself, one in which such events are in fact a kind of norm.’ – Jonathan Simon, Adrian A. Kragen Professor of Law, University of California Berkeley, USA
‘…an important critique of a criminal justice system that sometimes convicts the innocent; is too reluctant to recognize its errors; and fails to adequately assist the wrongfully convicted, thus victimizing them once again.’ – C. Ronald Huff, Professor of Criminology, Law & Society and Sociology, University of California Irvine, USA
‘Naughton’s new book is expertly written. His experience gives his writing an engaging practical tone, while being squarely academic. The book is divided into practical sections covering causation, investigation and the (in)adequacy of redress. Without flinching, pillars of ‘British Justice’ are shown in an unflashy way to be in fact, irrelevant to the workings of the actual criminal justice system.’ – Elizabeth Forrester, Socialist Lawyer
‘Overall, the publication provides a detailed review and comprehensive reflection upon the many factors that precipitate a wrongful conviction, alongside personal case examples. Use of the distinguished concepts of ‘innocence’ and ‘miscarriages of justice’ pushes readers’ awareness, and he goes some way towards providing recommendations and suggestions for reform. The book calls into account the legitimate and – more worryingly – illegitimate yet common practices contributing to injustice, and produces strong arguments for a more inquisitorial system.’ – Naomi-Ellen Speechley, Criminology and Criminal Justice
‘Michael Naughton continues to produce thought-provoking books which enable readers to gain an insight into an issue which he recognises is ‘a perennial problem that plagues the criminal justice system’ (p.1). The book covers an array of matters from exploring the different perspectives and definitions of ‘miscarriages of justice’, the causes of them (crucially distinguishing between those caused intentionally and unintentionally), whilst also examining the harm suffered by both primary and secondary victims and the problems regarding State redress through financial compensation. Not only are such concerns addressed in a coherent, understandable manner, all viewpoints put forward are supported by either successful appeal cases or academic research providing authority for an area in which the extent of the problem appears to be largely underestimated and misunderstood. Thus the book can be seen as being of great value for the public, students, and academics, as Naughton brings their attention to the various problems that are present, their causes and possible solutions.’ – Claire McGourlay and Charlotte R. Walker, Howard Journal of Crime and Justice