This module will introduce students to the topic of miscarriages of justices. It will cover the history and causes of wrongful convictions, as well as the appeals process. Throughout, students will be asked to contextualize miscarriages of justice by reflecting on the aims, purposes, and structure of the criminal justice system. The module will also offer students the chance to embed this knowledge by working on issues which have arisen in the cases of Cardiff’s Innocence Project clients, thus providing students with an opportunity to supplement their academic development with clinical experience.

Please note: students can only apply to do casework on the Cardiff Innocence Project if they are enrolled on this module.

On successful completion of the module, students should be able to:

• Explain the various causes of miscarriages of justice in England and Wales

• Demonstrate awareness of the complexities of the appeals process

• Explain the political, legal, and social context in which wrongful convictions occur and are sustained, with a particular focus on the interaction between the media and criminal justice processes, and with reference to the workings of the Criminal Cases Review Commission and relevant judicial decisions and legislative debates

• Demonstrate an awareness of how to work with complex case files

• Explain the interplay between academic research, lawyers, and social justice movements

Teaching on this module will be delivered by a combination of 1-hour large group teaching sessions, and 2-hour fortnightly seminars.

Intellectual Skills

Without prior instruction, use a range of set primary and secondary legal materials to identify the legal rules relevant to a particular legal problem or contemporary legal debate and any law reform proposals which might inform a written essay or oral discussion of a topic.

Build on basic knowledge of a legal topic by independently identifying supplementary primary and secondary legal sources and applying them in a written essay or report, the presentation of an informed oral opinion, or in a written or oral response to a problem scenario.

Evaluate the success and/or shortcomings of an area of law in relation to taught policy perspectives and wider social/contextual issues and identify areas where law reform might be needed.

Comment on the relationship between published law reform proposals and academic research, policy perspectives and social issues.

Relate a piece of academic writing or research to a contemporary legal debate and evaluate its strengths and weaknesses with reference to other supportive materials.

Use official publications, academic research and commentaries presented in a variety of formats in the construction of an argument relevant to a contemporary legal debate.

Apply previously studied legal rules to a doctrinal legal problem at a level which demonstrates awareness of doctrinal complexity and/or uncertainty.

Bridge the theoretical and practical divide by using live cases to interrogate academic research, and vice versa.

Practical Skills

Use appropriate legal research databases to identify independently primary and secondary materials of relevance to a topic for the purposes of supplementing reading lists and taught materials.

Produce written work on an independently researched topic which is accurately informed by appropriate primary and secondary materials.

Make a spontaneous or pre-prepared oral contribution to a tutorial or seminar group discussion on a taught topic that is coherent, substantiated by reference to primary and/or secondary materials and takes into account different perspectives

Present, orally and in writing, a persuasive argument in response to a doctrinal legal problem.

Present, alone or as part of a group, the basic legal elements of a new topic, as well as the key issues raised by the topic, to peers and produce a written summary of the legal rules and debates for the use of other students. The presentation and legal summary should equip students to respond to a relevant doctrinal question or plan an essay on the topic.

Develop the skill of conveying academic knowledge for consumption by a non-academic audience.

Transferrable Skills

Prepare and give an oral presentation (e.g. in the context of a tutorial or seminar group discussion) and provide clear and accurate supporting materials in an appropriate format.

Reflect on their own learning, identify gaps in their knowledge and describe the limitations imposed by knowledge gaps.

Use electronic methods for research and demonstrate general competency in IT skills when preparing and presenting written material.

Coursework - Investigation Report (normally based on clinical work on a Cardiff Innocence Project case) and/or a related academically-focused research project 70% (5000 words)

Presentation - An oral group presentation (individual marks allocated) which will normally include a reflective account 30%

Areas of study typically include:

•Definitions of wrongful convictions and miscarriages of justice

•Causes of miscarriages of justice

•Law governing the criminal appeals process

• Ethics of investigating wrongful convictions

•How to manage a casefile, and the interaction between law and politics as regards miscarriages of justice

Details of the recommended texts will be available at the beginning of the module.  The following list is indicative rather than comprehensive:

•Nobles, R. and Schiff, D. (2000) Understanding Miscarriages of Justice. Oxford: OUP

•Naughton M. (2013)  The Innocent and the Criminal Justice System, Palgrave McMillan

•Huff and Killias (eds) (2013) Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems, Routledge

•Naughton, M. (2007) Rethinking Miscarriages of Justice: Beyond the Tip of the Iceberg Basingstoke: Palgrave Macmillan

As well as completing essential reading tasks in preparation for tutorials or seminars, students are encouraged to engage in further reading to enhance their learning.  Further reading lists will be made available over the course of the module.