Papers by Carole McCartney
R v Cannings’: Case commentary
Criminal justice and miscarriages of justice in England and Wales
Forensic Identification and Miscarriages of Justice in England and Wales
Advances in Forensic Human Identification, 2014
Building institutions to address miscarriages of justice in England and Wales: "Mission accomplished?
ABSTRACT The revelation of miscarriages of justice can lead a criminal justice system to a crisis... more ABSTRACT The revelation of miscarriages of justice can lead a criminal justice system to a crisis point, which can be capitalized upon to engineer legal reforms. In England and Wales, these reforms have included the establishment of three bodies: the Court of Criminal Appeal, the Criminal Cases Review Commission, and the Forensic Regulator. With differing remits, these courts are all intended to address miscarriages of justice. After outlining the genesis of these bodies, we question whether these three institutions are achieving their specific goals. This Article then outlines the benefits accrued from the establishment of these bodies and the controversies that surround their operation. At present, both individually and collectively, these institutions represent a partial solution to miscarriages of justice. However, this Article argues that calls for a greater focus upon “actual” innocence made in light of this partial success are misguided. Such a refocusing may have the unintended consequence of fostering a climate where miscarriages of justice flourish. The rights of all suspects need protection, and due process concerns have the concomitant benefit of protecting the innocent from wrongful conviction. A blinkered approach to “miscarriages” will not necessarily assist the wrongfully convicted and may even increase their number.
Transnational Exchange of Forensic Evidence
Justice in the deep north : A historical perspective on crime and punishment in Queensland
Abstract Extract: The history of crime and punishment often reflects regional culture and politic... more Abstract Extract: The history of crime and punishment often reflects regional culture and politics. Queensland well illustrates this point with authoritarian politicians and regimes imposing harsh and sometimes corrupt parctices on their populace. Who could forget the ...
The Howard Journal of Criminal Justice, Jul 1, 2012
This article explores the fallout from the decision in S & Marper v. UK (2008), where the Europea... more This article explores the fallout from the decision in S & Marper v. UK (2008), where the European Court of Human Rights (ECtHR), in ruling that the UK's DNA retention regime breached human rights, was 'struck by the blanket and indiscriminate nature' of the power to retain DNA and stated that the UK government required 'weighty reasons' to justify the retention of DNA in cases of unconvicted individuals. Since the ruling, successive UK governments have drafted new retention regimes but serious doubts remain as to whether the issue of DNA retention has been satisfactorily resolved.
Government and education news
Http Dx Doi Org 10 1080 03069400 1996 9992951, Sep 9, 2010
When science doesn’t meet the law: addressing the absence of forensic skills in law degrees
New Directions, 2008
Legal Rules, Forensic Science and Wrongful Convictions
Encyclopedia of Criminology and Criminal Justice, 2014
The DNA revolution and forensic futures
Criminal Justice Matters
). Juries no longer need to be convinced of the accuracy or reliability of DNA evidence, indeed t... more ). Juries no longer need to be convinced of the accuracy or reliability of DNA evidence, indeed the concern is now that juries may be far too easily persuaded by DNA, or may even demand it before they will convict (the 'CSI effect'). With DNA profiling securely embedded ...
[Extract from introduction] Queensland has 18 per cent of Australia’s population, 26 per cent of ... more [Extract from introduction] Queensland has 18 per cent of Australia’s population, 26 per cent of Australia’s prisoners and 35 per cent of Australia’s community corrections clients (Graycar 2000). The average period served in the State’s prisons by inmates released during 1997-98 was 4.2 months for males and 2.1 months for females; where over one-quarter of all people admitted to prison were imprisoned for fine default only (CJS Monitor 1999, 4, February). These statistics demonstrate that Queensland is over-represented in its use of correctional options; (1) that previous prison reforms — which attempted to keep those who defaulted on fines or those sentenced to short-term periods out of custodial settings — have failed; and that, given the comparative picture over time, there has been a worsening of many identified corrections problems.(2) While crime rates have remained steady in Queensland in recent years, successive governments have legislated to ensure more punitive sentencing,...
Transnational Exchange of Forensic DNA: Viability, Legitimacy, and Acceptability
European Journal on Criminal Policy and Research, 2011
Abstract Forensic DNA profiling and databasing have become increasingly significant resources for... more Abstract Forensic DNA profiling and databasing have become increasingly significant resources for criminal investigations in many jurisdictions. More recently, there have been attempts to recruit these technologies into the policing of cross-border organized crime, migration and terrorism. We examined the trajectory of one such attempt, the establishment and operationalisation of the Prüm Treaty within the European Union. We describe the way in which early technological considerations underlying DNA profile exchange, managed ...
The Howard Journal of Criminal Justice, 2012
This article explores the fallout from the decision in S & Marper v. UK (2008), where the Europea... more This article explores the fallout from the decision in S & Marper v. UK (2008), where the European Court of Human Rights (ECtHR), in ruling that the UK's DNA retention regime breached human rights, was 'struck by the blanket and indiscriminate nature' of the power to retain DNA and stated that the UK government required 'weighty reasons' to justify the retention of DNA in cases of unconvicted individuals. Since the ruling, successive UK governments have drafted new retention regimes but serious doubts remain as to whether the issue of DNA retention has been satisfactorily resolved.
The DNA Expansion Programme and Criminal Investigation
British Journal of Criminology, 2006
DNA evidence is a powerful investigative tool, able to incriminate as well as exculpate. Yet, inc... more DNA evidence is a powerful investigative tool, able to incriminate as well as exculpate. Yet, increasingly common portrayals of DNA as being able to solve crimes almost instantaneously, beyond any doubt, even from 'beyond the grave', may overstate the degree to which DNA currently ...
Power and Pitfalls of DNA Profiling
Science, 2010
Despite the first use of DNA profiling in a criminal investigation back in 1985, until very recen... more Despite the first use of DNA profiling in a criminal investigation back in 1985, until very recently a search of any respectable library catalog for books on forensic DNA would have returned the unsatisfactory no matching results. Fast-forward to 2010, and there are now, inter alia, ...
Nature Reviews Genetics, 2008
Nature Reviews Genetics, 2008
Law, Probability and Risk, 2009
Uploads
Papers by Carole McCartney