How Big is the "Iceberg"? A Zemiological Approach to Quantifying Miscarriages of Justice

Abstract

Previous critical researches into miscarriages of justice in England and Wales’ Criminal Justice System (CJS) have not generally addressed the question of the likely scale of the miscarriage phenomenon in any systematic way. Rather, they have generally been directed towards individual exceptional miscarriage cases, brought about through extra-judicial procedures, that have exemplified particular ‘errors’ or ‘fallibility’ in the CJS’s legislative framework. Despite this, many critical analyses of miscarriages have routinely speculated upon the possible scale of England and Wales’ miscarriage phenomenon by asserting that the exceptional miscarriage being ‘exposed’ is the ‘tip’ of some much greater ‘iceberg’. But, just how big the iceberg might be has hardly received any critical attention at all.

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