Miscarriages of Justice

The book "Miscarriages of Justice" by Bibi Sangha and Robert N. Moles is a comprehensive examination of miscarriages of justice, focusing on the procedures and systems in place to prevent such errors in various jurisdictions, particularly in Australia, Britain, and Canada. Here is a detailed overview of the book:

Key Themes

1. Procedures for Identifying Miscarriages of Justice:

   • The book delves into the different procedures available in various jurisdictions to identify and address potential miscarriages of justice. It highlights the marked differences in these procedures, emphasizing the need for consistency and reform.

2. Judicial Inquiries and Public Scrutiny:

   • The authors discuss how miscarriages of justice have been the focus of judicial and public inquiries in several countries. This includes an analysis of the mechanisms and outcomes of these inquiries.

3. Criminal Appeal Processes:

   • The book critically examines the criminal appeal processes, particularly in Australia. Sangha and Moles argue that these processes are in need of reform, advocating for greater consistency and limitations on official power to uphold the rule of law.

4. Structural Inadequacies and Case Studies:

   • The text is structured to highlight the structural inadequacies in the criminal appeal processes. This is achieved through a series of case studies that illustrate the problems and propose solutions.

Plot Summary

The book is divided into several parts, each focusing on a different aspect of miscarriages of justice and the appeal processes. Here is a brief summary of the key parts:

1. Introduction and Context:

   • The authors set the stage by providing an overview of the issue of miscarriages of justice and the importance of addressing these problems through legal reform.

2. Structural Inadequacies:

   • This part identifies the structural issues within the criminal appeal processes, including the High Court’s narrow approach to appeal provisions.

3. Case Studies:

   • The book includes detailed case studies that demonstrate the inadequacies in the current system. These case studies serve as examples to illustrate the need for reform.

4. Reform and Recommendations:

   • The final part of the book proposes reforms and recommendations to improve the criminal appeal processes. It emphasizes the importance of judicial consistency and limitations on official power to prevent miscarriages of justice.

Critical Reception

The book has received positive reviews for its comprehensive approach and meticulous structure. Here are some key points from the critical reception:

1. Accessibility and Structure:

   • The book is praised for its accessibility, with each chapter having a clear 'flow on' effect within its corresponding part. This structure makes the text easy to follow and understand.

2. Comprehensive Literature:

   • The book is noted for filling a lacuna in the literature on Australian miscarriages of justice in the context of criminal appeal processes. It provides a comprehensive analysis that is not available elsewhere.

3. High Principle and Legal Theorist Influence:

   • The foreword by the Honourable Michael Kirby AC CMG describes the book as ‘a book of high principle’. The authors' work is influenced by legal theorist Sir Neil MacCormick, whose principles guide the aims and outcomes of successful criminal law reform.

In summary, "Miscarriages of Justice" by Bibi Sangha and Robert N. Moles is a significant contribution to the field of criminal law, offering a detailed examination of the procedures and systems aimed at preventing miscarriages of justice. The book's critical reception highlights its comprehensive approach, meticulous structure, and high principle in advocating for legal reform.