The DOI matches its Crossref record.
Understanding Miscarriages of JusticeLaw, the Media and the Inevitability of a Crisis
Abstract
This book explores a paradox. In a society in which justice is uncertain and contested, how can we talk meaningfully about miscarriage of justice? The book examines the structural conditions that inevitably produce high-profile miscarriages of justice. The thesis of the book is that there is a tension between the rhetoric of justice as understood outside of law, particularly in the media, and legal practice. Despite evidence that miscarriages of justice must be a normal and expected consequence of imperfect arrangements for investigations, prosecutions, and trials, they are ordinarily understood as exceptional and unacceptable events. Periodically, however, miscarriages are seen not as exceptional, but widespread and normal. At such moments, the legitimacy of the criminal justice process is called into question in the media. These moments are constructed in the media as a crisis of public confidence in criminal justice. With the mass media's vivid interest in crime and punishment and their relentless reconstruction of relevant facts, the courts fact-finding monopoly is fundamentally contested. While this happens in all phases of a criminal process, the contest becomes particularly dramatic when after a criminal conviction the mass media continue their investigation and discover, according to their criteria of truth, a miscarriage of justice. But there is no set of common criteria that would allow for the design of rational procedures to end the contest. There is no forum, no procedure, and no set of criteria that would make possible a common search for truth.
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“serving not only to dramatise the story itself and, thus, make it more newsworthy [40], but simultaneously incite public fear and encourage the justification of harsh punishments for those alleged lawbreakers [57: 1].”
From “The Jogger and the Wolfpack”: An Analysis of the TRANSITIVITY Patterns in the Global Media Coverage of the 1989 Central Park Five Case (2024) · cites this paper as [40]
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Cited by
Putting wrongs to right: Campaigns against miscarriages of justice
Savage, S. P., Grieve, J., & Poyser, S. (2007) · Criminology & Criminal Justice · doi:10.1177/1748895807072477 · Cited by 28
Cultural consequences of miscarriages of justice
Cole, S. A. (2009) · Behavioral Sciences & the Law · doi:10.1002/bsl.874 · Cited by 20
Bartley, L. V. (2024) · International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique · doi:10.1007/s11196-023-10026-x · Cited by 2
Metadata
- Authors
- Nobles, R., & Schiff, D.
- ORCID
- Schiff, David
- Venue
- Oxford University Press eBooks
- Publisher
- Oxford University Press
- Published
- 2000-03-23
- OpenAlex
- W1859352474
- Cited by
- 59
- References
- 0
- Citations by year
- 2023: 4 · 2021: 2 · 2020: 5 · 2019: 21 · 2018: 2 · 2016: 3 · 2015: 3 · 2014: 1 · 2013: 3 · 2012: 4
- FWCI
- 0.00
- Type
- book
- Language
- en
- Open access
- closed
- Locations
- Oxford University Press eBooks (publishedVersion)
- London School of Economics and Political Science Research Online (London School of Economics and Political Science) (submittedVersion)
- London School of Economics and Political Science Theses Online (London School of Economics and Political Science) (submittedVersion)
- Topics
- Social Sciences › Law › Legal processes and jurisprudence
- Social Sciences › Law › Criminal Law and Evidence
- Social Sciences › Law › Criminal Justice and Penology
- Keywords
- miscarriage of justice, mass media, public confidence in criminal justice, media coverage of crime, fact-finding, judicial fact-finding, truth and evidence, criminal procedure
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- CoChat. (2026). Citation check: Understanding Miscarriages of JusticeLaw, the Media and the Inevitability of a Crisis. https://app.cochat.ai/papers/10.1093/acprof:oso/9780198298939.001.0001
- The paper
- Nobles, R., & Schiff, D. (2000). Understanding Miscarriages of JusticeLaw, the Media and the Inevitability of a Crisis. Oxford University Press eBooks. https://doi.org/10.1093/acprof%3Aoso/9780198298939.001.0001
Data sources
Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.