Criminal Judges

McConville, Mike; Marsh, Luke

doi:10.4337/9781782548928

Cited by 23 publications

(6 citation statements)

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“…why the parties do not get 'it' (whatever that is) right. For evidence of institutional failures, see generally McConville and Marsh (2014). 83.…”

Section: Declaration Of Conflicting Interestsmentioning

confidence: 99%

“…Indeed, truth-seeking (itself undefined) in this usage is simply a cover for the displacement of adversary justice. For further explanation, see McConville and Marsh (2014: 171–172).…”

mentioning

confidence: 99%

“… 46. For arguments as to why this rationalisation is problematic, see McConville and Marsh (2014), especially chs 4 and 7. …”

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confidence: 99%

“… 84. Uncritically praised by the Leveson Review. For an explanation of this, see McConville and Marsh (2014: ch. 4). …”

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confidence: 99%

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Adversarialism goes West

McConville

Marsh

2015

The International Journal of Evidence & Proof

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This article examines the approach of criminal courts in England and Wales to case management alongside the contradictory pressures placed upon the pre-trial role of the defence advocate, when advising on plea, which have led to the erosion of the adversary ideal. It focuses on the overarching procedural code that 'governs' the relationship between defence lawyers and the judiciary in the conduct of criminal cases (the Criminal Procedure Rules) and draws upon a recent important decision which extends the antipathy of the courts towards adversarial advocacy. The conclusion drawn is that traditional understandings of the adversarial advocate have expired together with the duty of defence lawyers to 'promote fearlessly and by all proper and lawful means the client's best interests'.

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“…why the parties do not get 'it' (whatever that is) right. For evidence of institutional failures, see generally McConville and Marsh (2014). 83.…”

Section: Declaration Of Conflicting Interestsmentioning

confidence: 99%

“…Indeed, truth-seeking (itself undefined) in this usage is simply a cover for the displacement of adversary justice. For further explanation, see McConville and Marsh (2014: 171–172).…”

mentioning

confidence: 99%

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Adversarialism goes West

McConville

Marsh

2015

The International Journal of Evidence & Proof

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“… 2. In the UK, for example, plea-bargaining, the Criminal Court Charge and fixed-fees for solicitors preparing defence cases (McConville and Marsh, 2014). …”

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confidence: 99%

The time in between a case of ‘wrongful’ and ‘rightful’ conviction in the UK: Miscarriages of justice and the contribution of psychology to reforming the police investigative process

Poyser

Milne

2021

International Journal of Police Science & Management

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Wrongful convictions or miscarriages of justice are experienced by justice systems worldwide. At the centre of each miscarriage lies a complex mix of causes. The contribution of the police investigative process and particularly the interview process, to this mix is, however, significant and enduring. Nevertheless, in the UK important inroads have been made with respect to reform in this regard. This has occurred partly in response to revelations of dreadful miscarriages of justice and the findings of ground-breaking psychological research. This research began in earnest in the 1970s, the decade when Noel Jones, a vulnerable young man falsely confessed to, and was wrongfully convicted of, the killing of schoolgirl Janet Commins. It has continued through to the second decade of the 21st century when following a case review, Stephen Hough was rightfully convicted of the same crime; the justice system acknowledging that the original police investigation was flawed and that Jones was ‘wholly exonerated’ (Evans, 2019). Taking these wrongful and rightful convictions as rough ‘start’ and ‘end’ points in time, this article critically examines the contribution of psychological research to bringing about reform of the investigative process and particularly the interview process, in the UK. In doing so, it argues that miscarriages of this nature are now less likely, but that further psychological research and policing reform are required to continue progress already made.

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Introduction

Flynn

Freiberg

2018

Palgrave Socio-Legal Studies

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Criminal Judges

Cited by 23 publications

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Adversarialism goes West

Adversarialism goes West

The time in between a case of ‘wrongful’ and ‘rightful’ conviction in the UK: Miscarriages of justice and the contribution of psychology to reforming the police investigative process

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