Enemies of the State and Miscarriages of Justice

(2014) XXXII Delhi Law Review 17-34

11 Pages Posted: 5 Aug 2015  

Carole I. McCartney

Northumbria University; University of Leeds - School of Law; Bond University

Clive Walker

University of Leeds - Centre for Criminal Justice Studies (CCJS)

Date Written: August 1, 2013

Abstract

Miscarriages of justice are exceptionally prevalent, acute and most often irredeemable when the subject is ‘an enemy of the state’. Nowadays, these subjects usually take the guise of ‘terrorists’ or other variants of ‘extremists’, and the impacts of the miscarriages upon them can be extreme, including the death penalty. Evidence will be provided for this premise mainly from the United Kingdom, but with further examples from other jurisdictions. Reasons for this correlation will be considered. One response is to demand the observance of fundamental rights within the justice process even in times of crisis and threat. In fact, states frequently adopt processes, which diminish normal safeguards and checks against wrongful conviction in such cases. Therefore, given the predilection of states to dilute due process in terrorist/extremist cases, a more practicable remedy might be to concentrate on post-conviction review mechanisms.

Keywords: Terrorism; Miscarriages of Justice

JEL Classification: K10, K14, K33, K19, K30, K33, K42, N40

Suggested Citation

McCartney, Carole I. and Walker, Clive, Enemies of the State and Miscarriages of Justice (August 1, 2013). (2014) XXXII Delhi Law Review 17-34. Available at SSRN: https://ssrn.com/abstract=2639751

Carole I. McCartney

Northumbria University ( email )

City Campus East
208, City Campus East-1
Newcastle upon tyne, NE1 8ST
United Kingdom

University of Leeds - School of Law ( email )

Leeds LS2 9JT
United Kingdom

Bond University ( email )

Gold Coast, QLD 4229
Australia

Clive Walker (Contact Author)

University of Leeds - Centre for Criminal Justice Studies (CCJS) ( email )

Leeds LS2 9JT
United Kingdom
44 (0) 113 3435022 (Phone)
44 (0) 113 3435056 (Fax)

HOME PAGE: http://www.law.leeds.ac.uk/people/staff/walker/

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