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Item Details
| Title:
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RETHINKING MISCARRIAGES OF JUSTICE
BEYOND THE TIP OF THE ICEBERG |
| By: |
Michael Naughton |
| Format: |
Electronic book text |
| List price:
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£73.20 |
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We believe that this item is permanently unavailable, and so we cannot source
it.
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| ISBN 10: |
023059896X |
| ISBN 13: |
9780230598966 |
| Publisher: |
PALGRAVE MACMILLAN |
| Pub. date: |
5 September, 2007 |
| Description: |
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. |
| Synopsis: |
In this highly provocative and fascinating study, Michael Naughton radically re-assesses the notion of miscarriages of justice. Drawing on Foucauldian theory and 'social harm' paradigms, Naughton uncovers the limits of the criminal justice process and questions the dominant discourse that views miscarriages of justice as rare and exceptional cases of wrongful imprisonment. Arguing that the criminal justice process itself causes miscarriages of justice, and can prevent the overtuning of convictions, Naughton interprets error as the norm - a mundane feature that is an inbuilt part of the legal system. Further, by redefining the term 'miscarriage of justice' he shows how it can be applied to thousands of cases per year. Extending previous analyses of the forms of harm that miscarriages of justice cause, this study explores the impact on a range of victims - direct and indirect - and their wider effect on society as a whole. Previous attempts to reform the system to prevent miscarriages of justice and their consequences have proved unsuccessful and here, Naughton provides an explanation of why they have failed and provides a new perspective on the ways to prevent mistakes occuring.Providing a much-needed critical appraisal of a fundamental aspect of the legal system, this book will have a dramatic impact on the way we think about criminal justice. |
| Publication: |
UK |
| Imprint: |
Palgrave Macmillan |
| Returns: |
Non-returnable |
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