The rights of the wrongly convicted

Interest and recognition of miscarriages of justice has been increasing in Australia and indeed around the world, generated by high profile cases, the emergence of Innocence Projects, as well as tribunals such as the Criminal Cases Review Commission in the United Kingdom. Despite this, there is often a desire to marginalise miscarriages of justice, evidenced by narrow definitions that are limited to situations where the review mechanisms in place have failed to correct the wrong that has occurred. In contrast, a broader definition describes a miscarriage as a failure to achieve justice. Indeed this failure 'can occur at any stage of the criminal justice process, from law-making through street policing practices, investigations, court processes and custodial practices'. As a result, miscarriages of justice raise 'concerns regarding the fallibility of due process, human rights violations, and the limitation of the adversarial approach'. These concerns have led to a critical and questioning attitude toward the justice system.