{"title":"法律制度中的司法不公","authors":"Joseph Achile","doi":"10.47604/ijlp.1891","DOIUrl":null,"url":null,"abstract":"Purpose: The aim of the study is to examine the miscarriage of justice in the Legal system \nMethodology: This study adopted a desktop methodology. This study used secondary data from which include review of existing literature from already published studies and reports that was easily accessed through online journals and libraries. \nFindings: The study reveals that countries have many numerous legal and institutional framework governing justice, nevertheless the law has failed to promote justice due to poor and shallow investigative process, corruption, incompetent forensic science and witness misidentification. The study also shows that there are innocent people who are serving sentences or have been pushed for crime they did not commit and the factually guilty walking free \nUnique Contribution to Theory, Practice and Policy: The study was anchored on theory of justice and neo-liberalism theory. The study recommends that there is need to develop a sophisticated and insightful working framework of criminology of wrongful prosecution. The study recommends that researchers should continue to identify the weaknesses in the police investigative and interview process and to propose reform.","PeriodicalId":38248,"journal":{"name":"International Journal of Public Law and Policy","volume":"22 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Miscarriage of Justice in Legal System\",\"authors\":\"Joseph Achile\",\"doi\":\"10.47604/ijlp.1891\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Purpose: The aim of the study is to examine the miscarriage of justice in the Legal system \\nMethodology: This study adopted a desktop methodology. This study used secondary data from which include review of existing literature from already published studies and reports that was easily accessed through online journals and libraries. \\nFindings: The study reveals that countries have many numerous legal and institutional framework governing justice, nevertheless the law has failed to promote justice due to poor and shallow investigative process, corruption, incompetent forensic science and witness misidentification. The study also shows that there are innocent people who are serving sentences or have been pushed for crime they did not commit and the factually guilty walking free \\nUnique Contribution to Theory, Practice and Policy: The study was anchored on theory of justice and neo-liberalism theory. The study recommends that there is need to develop a sophisticated and insightful working framework of criminology of wrongful prosecution. The study recommends that researchers should continue to identify the weaknesses in the police investigative and interview process and to propose reform.\",\"PeriodicalId\":38248,\"journal\":{\"name\":\"International Journal of Public Law and Policy\",\"volume\":\"22 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Public Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47604/ijlp.1891\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Public Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47604/ijlp.1891","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Purpose: The aim of the study is to examine the miscarriage of justice in the Legal system
Methodology: This study adopted a desktop methodology. This study used secondary data from which include review of existing literature from already published studies and reports that was easily accessed through online journals and libraries.
Findings: The study reveals that countries have many numerous legal and institutional framework governing justice, nevertheless the law has failed to promote justice due to poor and shallow investigative process, corruption, incompetent forensic science and witness misidentification. The study also shows that there are innocent people who are serving sentences or have been pushed for crime they did not commit and the factually guilty walking free
Unique Contribution to Theory, Practice and Policy: The study was anchored on theory of justice and neo-liberalism theory. The study recommends that there is need to develop a sophisticated and insightful working framework of criminology of wrongful prosecution. The study recommends that researchers should continue to identify the weaknesses in the police investigative and interview process and to propose reform.
期刊介绍:
IJPLAP covers issues of public law and policy of international relevance. It includes thought-provoking contributions on how public international law obligations inform national approaches in a wide range of sectors, as well as on how the state''s experiences contribute to shaping and advancing the international agenda. IJPLAP features articles, editorials, notes, commentaries, analyses of jurisprudence and legislation and book reviews written by leading scholars and practitioners working in law and related fields, such as economics, philosophy and political science. Topics covered include: -Traditional issues of public international law (including treaty law, institutional law and dispute settlement)- Human rights- Foreign and security policy, migration- Trade and investment- Taxation- Financial regulation- Competition- Intellectual property- Environment, energy and food security- Digitalisation and data protection