SHE level 10 SCQF credit points 20 ECTS credit points 10 Module code MHM230402 Module Leader Andrew Tickell School Glasgow School for Business and Society Subject Law Trimester B (January start)
Summary of content In appeal court hearings and in newspapers, on Netflix and in popular dramas, miscarriages of justice increasingly grip public attention. This advanced module considers the main causes and consequences of miscarriages of justice, broadly defined, including wrongful convictions and other material and procedural errors of the criminal justice system.
Module details Syllabus arrow_forward With reference to historical and contemporary examples, and comparative Scottish, UK and international case studies, this module critically examines the contribution of a range of criminal justice actors to the generating, perpetuating, detecting and correcting miscarriages of justice, including: • accused persons • witnesses, including expert finesses including forensic scientists and fingerprint analysts • police officers • lawyers, including prosecutors and defence agents • appellate tribunals • the media, including film-makers, citizen journalists and bloggers • grassroots miscarriage of justice organisations and • miscarriage of justice investigation bodies, including the Scottish Criminal Cases Review Commission. This module also considers other potential civil remedies for miscarriages of justice, including legal responses - and failures to respond to - institutionalised child sexual abuse, large scale accidents and disasters, including corporate homicide and mass medical negligence, including contemporary and historical examples such as the Scottish Child Abuse Inquiry and legal responses to the Hillsborough Disaster, Grenfell Tower, and the thalidomide and contaminated blood scandals. While it is envisaged this will be a dynamic module, responding to and analysing ongoing developments in the theme of miscarriage of justice both nationally and internationally, specific topics and themes which may be considered in any given year include: • Conceptualising miscarriage of justice • uses and abuses of forensic technology and the opportunities and risks associated with national databases • malpractice and misconduct in the detection, investigation and prosecution of crime • impact of discrimination and inequality in generating and perpetuating miscarriages of justice • double jeopardy rules • role of plea bargaining and similar practices • redress for the wrongly convicte
Learning outcomes arrow_forward On successful completion of this module, students should be able to: 1. Accurately reconstruct the facts of national and international miscarriage of justice cases with reference to diverse primary and secondary sources, including court files, news reports, documentaries, articles, books, podcasts and other mediums. 2. Reflect critically on key definitional legal, political and philosophical questions about what constitutes a miscarriage of justice; 3. Identify, evaluate and understand the national and international data on the leading causes of miscarriages of justice, broadly defined. 4. Connect this broader research literature with other case studies with similar characteristics, adopting a socio-legal approach to reflect critically on the similarities and differences which contributed to a wrongful conviction or other miscarriage of justice; 5. Engage in independent research on a miscarriage of justice case study of their choice, synthesising primary evidence about their case with the broader, international and interdisciplinary miscarriage of justice literature. 6. Understand how wrongful convictions relate to three key UN Sustainable Development Goals, including Gender Equality, Reduced Inequalities, and Peace, Justice and Strong Institutions.
Teaching / learning strategy arrow_forward This advanced module is taught through a combination of lectures and seminars. Lectures constitute the minor component of teaching in this class, focusing in the first part of the module on introducing students to key definition issues, legal understandings of what constitutes miscarriages of justice, and presenting historic and contemporary examples of wrongful convictions and other potential miscarriage of justice case-studies. The primary engine room of the class will be seminars, which will be based on group discussions of directed reading, listening or watching on a particular wrongful conviction case (or cases), combining historical and contemporary examples from Scotland, the rest of the UK, and world legal systems. Materials which may be prescribed in preparation for these group discussions include decisions of the courts, academic research papers, journal articles, news articles, documentaries, podcasts and other relevant sources. These exercises will underpin the assessment for this module. Students will normally agree their topic with the module leader to ensure the example proposed is appropriate, and will independently research the facts and circumstances of and legal and social responses to their individual case study.
Transferrable skills arrow_forward Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: • Preparing for and participating in lectures and seminars • Preparing for and delivering group and individual responses in lectures and seminars • Preparing for and delivering individual case study. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: • Identifying, researching, planning and delivering the individual case study, including the critical analysis of issues raised. • Synthesising material delivered at lectures and seminars and connecting them to individual case study • Supporting delivered material with additional reading on lecture, handout and self-searched material Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback.The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work
Module structure Activity Total hours Lectures 12 Tutorials 0 Practicals 0 Seminars 22 Independent Learning 116 Assessment 50 Placement 0
Assessment methods Component Duration Weighting Threshold Description Course Work001 100 40 Individual Miscarriage of Justice Case Study- 4000 words