Miscarriages of justice have been the focus of judicial and public inquiries in Britain, Canada, and Australia. The objective of Forensic Investigations and Miscarriages of Justice is to make clear that, despite the rules laid down by statutes and decided cases to ensure that criminal trials are properly conducted, there are many instances where those rules have not been properly applied. In all three jurisdictions, there have been cases in which investigations have fundamentally miscarried and where expert witnesses have given evidence that has been either fraudulent or wrong. The book reviews how these problem cases are dealt with, and the marked differences between the jurisdictions in the procedures available to identify possible errors. The authors recommend ways to narrow the gap between the rhetoric of impartial forensic science and prosecutions and the re­ality of a growing number of recognized miscarriages of justice, emphasizing that both forensic science and the legal system must change and seek to better understand each other.

Summary Table of Contents

Foreword

Acknowledgments

Chapter 1: Overview of the Book

Part One: The Rhetoric: Guiding Principles

Chapter 2: Prosecutors and Expert Witnesses

Chapter 3: Law on Miscarriages of Justice: Britain

Chapter 4: Law on Miscarriages of Justice: Canada

Chapter 5: Law on Miscarriages of Justice: Australia

Chapter 6: Fraud in Criminal Proceedings

Part Two: The Reality

Chapter 7: Investigations and Prosecutions

Chapter 8: Forensic Science Issues

Chapter 9: Forensic Pathology Issues

Part Three: Responses to Miscarriages of Justice

Chapter 10: Error Correction and Systemic Reform

Chapter 11: Improving Forensic Science

Chapter 12: Recommendations to Bring the Reality Closer to the Rhetoric

Table of Cases

Index

About the Authors

Advance praise for Forensic Investigations and Miscarriages of Justice:

Comprehensive and groundbreaking… [A] masterly text which is certain to quickly become the primary reference point on the topic.

T.F. Percy Q.C., Wolff Chambers, Perth, Western Australia

In this impressive work, the experiences of Britain, Canada, and Australia are collected, compared, and analyzed by these eminently qualified experts. While the similarities are striking, the differences provide the authors with the opportunity to elucidate thoughtful recommendations that should commend themselves to policy makers in all three jurisdictions.

Indeed, all who are involved in the criminal justice system and the constant need to perfect it will profit from this book.

The Honourable Justice Stephen T. Goudge, Justice of the Court of Appeal for Ontario, Commissioner, Inquiry into Pediatric Forensic Pathology in Ontario, 2008