Redefining Miscarriages Of Justice: A Revived Human-Rights Approach to Unearth Subjugated Discourses of Wrongful Criminal Conviction

Abstract

This article confronts a question that has barely received any attention at all: What precisely constitutes a ‘miscarriage of justice’ in England and Wales? It revives two complimentary human-rights-based perspectives that have lain dormant for almost a decade and brings them into dialogue with Foucault’s theoretical note on the need to unearth subjugated discourses that interrupt and disturb dominant ways of thinking. It redefines miscarriages of justice to include all successful appeals against criminal conviction, to provide a more adequate depiction of ‘justice in error’. It emphasizes the need for future research on routine successful appeals, to unearth and give ‘voice’ to a plethora of ‘anti-discourses’ on wrongful criminal conviction that are not currently articulated.

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