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18 April 2012 / Hle Blog
Issue: 7510 / Categories: Blogs
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A new reality?

HLE blogger Felicity Gerry bemoans the lack of public interest in miscarriages of justice

"What is your idea of a miscarriage of justice? Is it that Laura Johnson is likely to go to prison for ferrying rioters about, or that the Guantanamo five will be executed if (most think when) found guilty by a military court? For some, it is that people are sent to prison on weak or uncorroborated evidence. For others, it is the limitations placed by the Court of Appeal on reviewing convictions.

These are all highly-charged issues that face lawyers every day, but receive little public attention. Somehow it gets forgotten that those accused of offences are real people with families and friends, not some alien “criminal” species. What was it that led Samantha Brick to dominate the front pages last week for saying she is beautiful, rather than public outcry on my case involving yet another joint enterprise murder conviction? Do we really care more about who Jessie J picks to be part of her team on The Voice?

It is clear that the press see miscarriages of justice as “a bit 1980s” and that the general public seem to care more about Piers Morgan’s latest celeb interview. Where has public condemnation gone? Why are we all so silent? Forty-four years ago this month, Martin Luther King was killed. Like Dante, he took the view that the hottest places in hell are reserved for those who stay silent. Just as the silent majority allowed the Vietnam War to go unchecked, it allows our justice system to crumble.

Recently, at The Guardian’s open weekend, Michael Mansfield QC warned against imagining that miscarriages of justice have declined. He highlighted faulty scientific evidence, decreased access to justice due to the emasculation of the legal aid system, and a renewed attempt to erode the right to trial by jury. There are many lawyers who would like to highlight the very real crisis that faces justice in this century but lawyers are demoralised…”

To continue reading go to: www.halsburyslawexchange.co.uk

 

Issue: 7510 / Categories: Blogs
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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