Relevant bibliographies by topics / Judicial miscarriage

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Judicial miscarriage'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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Journal articles on the topic "Judicial miscarriage"

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Momotov, Viktor V. "Judicial Discretion, Judicial Errors and Disciplinary Responsibility of Judges: Current Issues." Rossijskoe pravosudie, no. 5 (April 25, 2024): 5–17. http://dx.doi.org/10.37399/issn2072-909x.2024.5.5-17.

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This article analyses the concept of miscarriage of justice in the context of disciplinary responsibility of judges. In the first part of the article the author proves the necessity and inevitability of judicial discretion as a tool to ensure the consistency of legal regulation, and also raises the problem of the limits of judicial discretion. It is argued that disciplinary measures should be applied only in exceptional cases, otherwise the independence of the judge will not be ensured. With this in mind, the second part of the article defines the relationship between the concepts of “discipli
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Mashinnikova, N. O. "ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM." Bulletin of Udmurt University. Series Economics and Law 31, no. 3 (2021): 459–72. http://dx.doi.org/10.35634/2412-9593-2021-31-3-459-472.

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The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" i
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Dydikov, Andriy. "Comparative analysis of the resolution and prevention of judicial error in different legal systems". Yearly journal of scientific articles “Pravova derzhava”, № 35 (1 вересня 2024): 801–12. https://doi.org/10.33663/0869-2491-2024-35-801-812.

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This article analyses the experience of countries belonging to different legal systems in resolving and preventing miscarriages of justice. The aim of the study is to determine whether the methods and ways of preventing and overcoming miscarriages of justice in countries belonging to a particular legal family can be applied to Ukrainian justice. The author determines that no special study of the issue of miscarriage of justice in different legal systems has been carried out in the national science, and therefore there is a need to study this issue. In order to characterise miscarriages of justic
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Dudikov, Andriy Volodymyrovych. "Miscarriage of Justice as a Phenomenon of Social Reality." Alʹmanah prava, no. 15 (September 1, 2024): 554–59. https://doi.org/10.33663/2524-017x-2024-15-554-559.

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The article is devoted to the study of social aspects of a miscarriage of justice, the public view of which is formed through such concepts as «fair court decision», «fair justice», and «legality». These categories are directly related to the issue of a miscarriage of justice, which is a consequence of a violation of these principles and the result of improper law enforcement activities of a judge. The existence of a miscarriage of justice is not always proof of an inhumane approach of the court to the resolution of a case. Courts often face the problem of balancing legality and justice. At th
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Ghias, Shoaib A. "Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf." Law & Social Inquiry 35, no. 04 (2010): 985–1022. http://dx.doi.org/10.1111/j.1747-4469.2010.01211.x.

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This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro‐Musharraf regime judges expand judicial power, leading to a confrontation with the regime? Second, how did the bar and the bench mobilize in the struggle for judicial power? The author shows how, instead of blindly supporting economic liberalization in a period of economic growth, the Supreme Court expanded power by scrutinizing questionable urban development, privatization, and deregulation measures in a virtuous cycle of public interest litigation. The author
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Kovalyov, A. F., Ch Sh Kupirova, E. V. Nechaeva, and V. Ya Perepyolkin. "MISCARRIAGE OF JUS- TICE AS ONE OF THE REASONS FOR NOT ACHIEVING PURPOSES OF CRIMINAL PUNISHMENT." Vestnik of the Russian University of Cooperation, no. 1(43) (April 26, 2021): 125–30. http://dx.doi.org/10.52623/2227-4383-1-43-24.

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The article considers the hypothesis that a judicial error can significantly reduce the likelihood of achieving the goals of criminal punishment. The concepts of miscarriage of justice and the goals of punishment are formulated, and the consequences of failure to achieve the goals of criminal punishment are analyzed. Statistical data are provided that confirm the existence of the problem of inefficient implementation of the goals of criminal punishment. Possible, probable, as well as actually committed judicial errors are considered, as a result of which the goals of punishment cannot be achie
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Bzova, L. G. "Subjects of disciplinary proceedings against a judge under the legislation of Ukraine and Spain: comparative legal analysis." Analytical and Comparative Jurisprudence 3, no. 3 (2025): 254–58. https://doi.org/10.24144/2788-6018.2025.03.3.39.

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Disciplinary liability of judges is one of the key mechanisms of holding judges accountable. States are called upon to regulate this area, balancing two main interests – the need to ensure functional mechanisms of judicial accountability and to ensure real independence of judges. The main international legal instruments on the disciplinary liability of judges stipulate that states shall provide clear rules for which judges may be disciplined, excluding disciplinary liability for minor offences and for the interpretation of laws and facts. Disciplinary proceedings should either be conducted by
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Hassan, Muhammad, and Johan Shamsuddin bin Sabaruddin. "Jurisdiction of Military Courts over Civilian Terrorists in Pakistan: A Miscarriage of Justice." IIUM Law Journal 27, no. 1 (2019): 63–88. http://dx.doi.org/10.31436/iiumlj.v27i1.415.

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The jurisdiction of military court was extended over alleged terrorists under the Constitution (Twenty-first Amendment) Act, 2015, in order to permanently wipe out terrorism from Pakistan. The amendment was challenged and petitioners contended that jurisdiction of military courts could not be extended over alleged civilian terrorists because of their peculiar nature. Further, the presiding officer of the military court is a member of the executive, which contradicts the principle of judicial independence, an utmost essential element of safeguarding the due process of law. However, the apex cou
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Senyk, S. "Legality as the main requirement for judicial acts in civil judicial procedure." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 156–63. http://dx.doi.org/10.24144/2307-3322.2021.69.27.

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The main emphasis of the article is that in civil proceedings, as in any type of proceedings, all judicial acts are subject to such a requirement as legality. Proper and timely application of procedural law is designed to ensure the correct application of substantive law. It is argued that a judge should always keep in mind that any rule of law is an integral part of the entire legal system and acts in conjunction with other rules of law. That is why one of the main ways of understanding a rule of law on the subject of its legality is a systematic interpretation, taking into account that the l
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Amissah, Patrick Kofi. "Amos and ‘Ghana in the Eyes of God’: a Public Theological Response to Bribery and Corruption." International Journal of Public Theology 13, no. 3 (2019): 282–300. http://dx.doi.org/10.1163/15697320-12341579.

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AbstractThe purpose of this article is to draw upon the condemnation of bribery, corruption and miscarriage of justice to be found in the book of Amos for the sake of a public theology. The occasion for such is a bribery scandal that hit the Ghanaian judiciary. An investigative journalist presented evidence to substantiate the hitherto unsubstantiated perception that some judges in Ghana take bribes to skew judgement. The scandal is deepened through many of the judges being Christian. They attracted widespread criticism from religious leaders, both Christian and others, as well as from the wid
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Dissertations / Theses on the topic "Judicial miscarriage"

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O'Driscoll, Stephen James, and n/a. "Conduct of counsel causing or contributing to a miscarriage of justice." University of Otago. Faculty of Law, 2009. http://adt.otago.ac.nz./public/adt-NZDU20090506.091357.

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The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel
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Oytana, Yves. "Analyse économique de l'expertise judiciaire." Thesis, Besançon, 2013. http://www.theses.fr/2013BESA0003/document.

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Cette thèse a pour objectif d’étudier les mécanismes par lesquels des expertises judiciaires sont conduites dans lecadre d’un procès afin d’assurer une recherche d’information préalable à la prise de décision du juge. Nous analysonsl’efficacité du recours à des mesures d’expertise en nous basant sur deux critères : le coût que les expertises font pesersur le système judiciaire et l’impact des expertises sur la qualité de la prise de décision du juge. Les travaux réalisésse divisent en quatre grands thèmes.Premièrement, nous étudions les incitations de l’expert judiciaire et nous mettons en évi
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Books on the topic "Judicial miscarriage"

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Ginzburg, Carlo. The judge and the historian: Marginal notes on a late-twentieth-century miscarriage of justice. Verso, 1999.

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Read, Piers Paul. The Dreyfus affair: The story of the most infamous miscarriage of justice in French history. Bloomsbury, 2012.

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JUSTICE. Remedying miscarriages of justice. JUSTICE, 1994.

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(Society), Justice. Remedying miscarriages of justice. The Society, 1994.

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Kerry, Carrington, and Academics for Justice, eds. Travesty!: Miscarriages of justice. 2nd ed. Pluto Press Australia in association with Academics for Justice, 1991.

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(Society), Justice. Miscarriages of justice. Justice, 1989.

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Bedau, Hugo Adam. Miscarriages of justice in potentially capital cases. s.n.], 1987.

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Bedau, Hugo Adam. Miscarriages of justice in potentially capital cases. s.n.], 1985.

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Journal, Solicitors, ed. Wrongly accused: Who is responsible for investigating miscarriages of justice? Solicitors Journal, 2012.

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(Society), Justice. Miscarriages of justice: A defendants' eye view. Justice, 1993.

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Book chapters on the topic "Judicial miscarriage"

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Ludovic, Hennebel, and Tigroudja Hélène. "Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.10: Right to Compensation." In The American Convention on Human Rights. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780190222345.003.0010.

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This chapter describes Article 10 of the American Convention on Human Rights (ACHR), which protects the right to “compensation” for persons convicted as a result of a miscarriage of justice. While Article 8 protects the right to a fair trial, the drafters of the Convention have chosen to devote a separate provision to the specific issue of compensation, following the recognition of the principle of criminal legality (Article 9). Although autonomous, the right to compensation for a miscarriage of justice is intimately related to other rights protected by the ACHR, notably Articles 8 and 25 (rig
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Amal, Clooney, and Webb Philippa. "8 Right to Examine Witnesses." In The Right to a Fair Trial in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198808398.003.0009.

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This chapter studies the right to examine witnesses, which is fundamental to an effective defence. Allowing a prosecution witness to submit uncontested testimony, or depriving a defendant of the opportunity to call a witness who can provide exculpatory evidence, can lead to a serious miscarriage of justice. The right also protects the interests of victims, witnesses, and the broader public, because the questioning of witnesses can help to establish the truth and ensure the integrity of the judicial process. Under international human rights law, the right includes two components: the defendant’
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"Appendix D: Canadian Judicial Council, National Judicial Institute: Eyewitness Identification Evidence, Model Jury Instructions." In Miscarriages of Justice in Canada. University of Toronto Press, 2018. http://dx.doi.org/10.3138/9781487514563-021.

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McConville, Mike, and Luke Marsh. "The Legacy of the 1964 Rules." In The Myth of Judicial Independence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.003.0007.

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This chapter discusses the aftermath of the executive–judicial conflict through an analysis of the impact of the 1964 version of the Judges’ Rules. This includes scrutiny of the technical-legal implications of the Rules, the impact upon police culture and police practices, and consistent failure of the Home Office to deal with police malpractices. It also examines the extraordinary turnaround in the stance of the judiciary, the long-term effects of which have since unfolded in an anti-adversarial culture exemplified in the form of so called ‘culture-change’ within the criminal justice system,
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McConville, Mike, and Luke Marsh. "The Aftermath." In The Myth of Judicial Independence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.003.0004.

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Chapter 4 traces the aftermath of the formulation of the Judges’ Rules over the period 1918–60 including their reissue and additional interpretations of 1930, 1946, and 1947. In this account the technical disarray over the meaning of the Rules is analysed and the consequences for policing practices. There is an emphasis both upon the impact upon police culture, particularly within the Criminal Investigation Department (CID) from its origins in 1878, and the emergence and intensification of various forms of police deviance and corruption. The chapter links these developments to the experiences
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Bozhinovski, Andrej. "Addressing Wrongful Convictions in Croatia through Revision of the Novum Criterion: Identifying Best Practices and Standards." In Sustainable Development. IntechOpen, 2023. http://dx.doi.org/10.5772/intechopen.111427.

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The topic of miscarriages of justice in Croatia is new. It had begun to be the center of academic discussion in 2015 and culminated with the establishment of the experimental Innocence Project in Croatia in 2020. For the first time, experts started to analyze the domestic legal framework and judicial practice concerning the protection of the rights of wrongfully convicted persons, with a special emphasis on carrying out a post-conviction revision of criminal proceedings to prove eventual miscarriages of justice. This chapter examines wrongful convictions as miscarriages of justice through the
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"4. The Role of Legal Professionals in Contributing to Wrongful Convictions: Prosecutors, Defence Counsel, and the Judiciary." In Miscarriages of Justice in Canada. University of Toronto Press, 2018. http://dx.doi.org/10.3138/9781487514563-007.

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Primorac, Damir, Lucija Sokanovic, and Andrej Bozhinovski. "Correcting Miscarriages of Justice: Innocence Project Croatia." In Selected ISABS Topics in Forensic Science and Molecular Anthropology [Working Title]. IntechOpen, 2024. http://dx.doi.org/10.5772/intechopen.115287.

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This paper explores the essence and activities of Innocence Projects and the broader Innocence Movement in the United States and Europe, adopting positive practices for potential amendments to Croatian legislation to protect the rights of wrongfully convicted persons as a special group of victims. Furthermore, it examines the opportunities and obstacles in conducting postconviction DNA testing within Croatian law. Furthermore, it showcases preliminary findings from field research conducted across four county courts in Croatia, highlighting challenges in establishing new evidence (“novum”) and
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Wilson, Steve, Helen Rutherford, Tony Storey, Natalie Wortley, and Birju Kotecha. "18. Criminal and civil appeals." In English Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853800.003.0018.

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This chapter introduces readers to the appeals process in criminal and civil cases. It explores the grounds upon which appeals may be based in criminal cases, including the concepts of ‘fresh evidence’ and ‘lurking doubt’ and considers appeals by way of case stated, applications for judicial review of decisions, and Attorney General’s references. If a criminal appeal has been dismissed, the Criminal Cases Review Commission (CCRC), which was set up to examine potential miscarriages of justice, may refer a case back to the appeal court in certain circumstances. The chapter highlights some of the
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Case, Steve, Phil Johnson, David Manlow, Roger Smith, and Kate Williams. "24. Punishment and the idea of ‘just deserts’." In Criminology. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198736752.003.0024.

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This chapter examines punishment as a means of dealing with crime and its implications for justice. It first introduces the key arguments advanced in support of the idea of punishment in general and specific punitive practices in particular. It then considers the historical development of punishment and its changing role in society, along with specific forms of penal sanction such as death penalty, imprisonment, and community based alternatives to the deprivation of liberty. The chapter goes on to discuss the role of the judiciary in administering punishments as well as the consequences of imp
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Conference papers on the topic "Judicial miscarriage"

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Goulart, Loreano José de Jesus. "Miscarriage of justice: State reparation and criminal review." In VI Seven International Multidisciplinary Congress. Seven Congress, 2024. http://dx.doi.org/10.56238/sevenvimulti2024-037.

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Miscarriage of justice is a factor present in the judicial system, affecting the lives of countless people, who suffer directly from their conviction or indirectly from its repercussions. This paper aims to present a study on miscarriage of justice, especially focusing on errors resulting from criminal proceedings, seeking to demonstrate the State's responsibility to make reparations for errors in the provision of criminal justice. Using an interdisciplinary study of various areas of law and specific cases, the paper seeks to delve deeper into the reasons that may be determining factors in the
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