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Scotland’s First Innocence Project

An Innocence Project comprises a group of students investigating the case of a convicted person maintaining innocence and who has exhausted the initial appeals process. Students aim to find evidence that will assist them in making an application to an appellate court, or other review body such as the Scottish Criminal Case Review Commission.

Criminal Justice Miscarriages of Justice Scotland’s First Innocence Project Michael Bromby, Research Fellow, Division of Law, Glasgow Caledonian University A n Innocence Project comprises a group of students inves tigating the case of a convicted person maintaining innocence and who has exhausted the initial appeals process. Students aim to find evidence that will assist them in making an application to an appellate court, or other review body such as the Scottish Criminal Case Review Commission. forensic psychology degrees attended presentations from INUK, the Scottish Criminal Case Review Commission and MOJO (the Miscarriages of Justice Organisation). Three student case managers have been appointed and they have received formal training at Cardiff University to prepare them for their role. The first Innocence Project, in 1992, was established by Barry Scheck and Peter Neufeld at the Benjamin N Cardozo School of Law in New York. To date, this project alone has overturned 215 criminal convictions, 16 of which were of prisoners on death row.1 The Cardozo project relies solely upon post-conviction DNA comparisons using samples from historic cases to either eliminate the original convict, or to implicate the true perpetrator. Faults at the original trial are varied, and the cause of the miscarriage of justice may include, amongst others, erroneous or mistaken eyewitness evidence, false confessions, poor forensic science or defective representation. There are now over sixty innocence projects across the US and many more across Canada, Australia, New Zealand and the UK2 under the wide banner of an International Innocence Network. Educational Benefit The Innocence Network in the UK Innocence Network UK (INUK) is the co-ordinating organisation based at Bristol and Cardiff Universities for over 20 Innocence Projects in the UK. The Director of INUK, Michael Naughton,3 described the ‘inevitability’ of wrongful convictions caused by the practical limitations of criminal trials and that, to some extent, the system is unable to guarantee that the innocent will overturn their convictions on appeal. Quoting the House of Lords’ decision in DPP v Shannon: “the law in action is not concerned with absolute truth, but with proof before a fallible human tribunal to a requisite standard of probability in accordance with formal rules of evidence”4, coupled with the Court of Appeal (Criminal Division)’s test for miscarriages of justice being based upon ‘safety’, Naughton is rightly troubled that the legal system is not overly concerned with innocence. The role of the Criminal Case Review Commissions in relation to the definition and approach taken to alleged ‘miscarriages of justice’ was recently considered for both the English and Scottish jurisdictions by Nobles and Schiff who comment on the tests for referring cases,5 leading us to assume that debate over wrongful convictions has not subsided. Glasgow Caledonian University is the first Scottish university to be attached to the network of English and Welsh academic institutions. The first intake of over 18 students is spread across years 2, 3 and 4 of the degree to ensure the continuity of a case across the summer break and to establish a culture of peersupport across different year groups. As a voluntary and extra-curricular activity, students will not receive credit towards their final degree and all case work is undertaken entirely within their own spare time and with limited resources. Many of the volunteer students are looking towards a career in criminal law and wish to gain not only experience of live casework, but an insight into the potential failings of the criminal justice system and how to rectify such errors. The Glasgow Caledonian University Innocence Project opened in June 2008 and was formally launched last month during the National Pro Bono Week (11-14 November 2008). Members of the legal community in Glasgow, academics from across Scotland and students from the LLB, criminology and Students will learn essential transferable legal, personal and communication skills through their involvement with real-life cases, whether they intend to work in commercial or high-street law firms. In this way, innocence projects are a viable low-cost alternative form of clinical legal education for universities. INUK has three core aims: “Educate: to encourage and support the creation and subsequent running of member innocence projects in UK universities. Research: to conduct and facilitate research into, among other related things: i) the causes of the wrongful conviction of the innocent; ii) the barriers to attempts to overturn these convictions in the Court of Appeal or by application to the CCRC; and iii) the associated harmful consequences of wrongful conviction on victims, their families, friends and society as a whole. Communicate: to inform public debates about the wrongful conviction and imprisonment of innocent people, the INUK will communicate findings from the activities of member innocence projects and research, with the objective of improving the criminal justice system and preventing future wrongful convictions.”6 Studying wrongful convictions requires an interdisciplinary approach covering both science and the law. Scientific advances have been made in locating and identifying forensic trace evidence; psychological research is ever expanding on the topic of eyewitnesses, suggestibility and memory; and the influence of government, the media and popular beliefs all contribute towards and confound the complex workings of a legal system. Legal education in the UK does not necessarily tackle all of these issues, or if it does attempt to do so, the compartmentalisation of separate issues tends to provide a singular perspective focusing on topics such as ‘crime’, ‘policing’ or ‘evidence’. Roach suggests that a more balanced view of the criminal justice system can be achieved through the study of miscarriages of justice and wrongful convictions as it “serves a valuable pedagogical purpose of breaking down the artificial boundaries that exist between criminal justice subjects.”7 We hope that our students will benefit from the project and develop a holistic and realistic view of the criminal legal system. Any solicitor who would like to have a convicted client’s case reviewed under the auspices of INUK is invited to submit a letter providing a brief summary of the main issues to the network at Bristol ([email protected]). 1. See http://www.innocenceproject.org/understand/ 2. See also McCartney, C (2006) 3 Web JCLI 3. Naughton, M. Innocence Projects, 2006 SCOLAG 202 4. Director of Public Prosecutions v. Shannon [1974] 59 Cr.App.R.250 5. Nobles R & Schiff D (2008) Modern Law Review 71(3) 464 6. www.innocencenetwork.org.uk 7. Roach, K, (2003) ‘Wrongful Convictions and Criminal Procedure’, 42 Brandeis Law Journal 349 SCOLAG Journal December 2008 Page 297