Networked Knowledge

CLICK on any of the above covers for further information about the books.
The full text of Definition and Rule in Legal Theory - A State of Injustice - Losing Their Grip - is available here online

Author of this page: Dr Robert N Moles

Forensic Investigations and Miscarriages of Justice - The Rhetoric Meets the Reality

E Postcard of Forensic Investigations Book

Foreword to the book by the Hon Michael Kirby AC CMG - former Justice of the High Court of Australia (1996-2009)

Citations

Privitelli, Stratton, Thomas (2023): Understanding community attitudes toward miscarriages of justice: Psychology, Crime & Law, DOI
Carrie Leonetti, University of Auckland, 'Conviction Integrity:The Canadian Miscarriages of Justice Commission' Wrongful Conviction Law Review (2022)
2020 - The scientific method in forensic science: a Canadian Handbook, M Illes, P Wilson
Dismantling the justice silos: Flowcharting the role and expertise of forensic science, forensic medicine and allied health in adult sexual assault investigations, Forensic Science International, 31 January 2018
See references in - 18 May 2011 - Legislative Council of South Australia - Adjourned debate on second reading - CRIMINAL CASES REVIEW COMMISSION BILL
William Young KNZM - Judge of Supreme Court New Zealand - The Role of the Courts in Correcting Miscarriages of Justice - Canterbury Law Review [Vol 16 2010]
Citing Forensic Investigations book by Sangha and Moles
2 March 2011 �The Challenges of Scientific Evidence� - Wolfson Theatre of the Royal Society of Edinburgh, George Street, Edinburgh
The Honourable Thomas A. Cromwell, Judge of the Supreme Court of Canada
The Macfadyen Lecture 2011 - The Scottish Council of Law Reporting
"In their study of miscarriages of justice in Britain, Canada and Australia, Professors Sangha, Roach and Moles identify recurring problems common to the experience of those jurisdictions.� These include the use of preliminary tests as conclusive evidence, the failure to identify or disclose procedural errors in the use of scientific methods or tests, misinterpretation or misunderstanding of the significance of findings and experts going beyond their area of expertise or not explaining their findings or controversies and uncertainties in the science in a clear, impartial manner.� They also note that experts have sometimes misunderstood their obligation of impartiality, have failed to apply the basic research methods of science and that judges and lawyers have failed to be sufficiently sceptical of both the science and the witnesses purporting to rely on it."

T.F. Percy Q.C., Wolff Chambers, Perth, Western Australia: "Comprehensive and groundbreaking� a masterly text which is certain to quickly become the primary reference point on the topic." - Review by Tom Percy QC - Brief (Journal of the Law Society of West Australia) December 2010
Sally F. Kelty (University of Canberra), Roberta D. Julian (University of Tasmania) 'Identifying the skills and attributes of good crime scene personnel' Forensic Science Policy & Management: An International Journal

William Young, KNZM, Justice of the Supreme Court of New Zealand: "The Role of the Courts in Correcting Miscarriages of Justice" Canterbury Law Review vol 16 2010, referring to Forensic Investigations with approval

Dr Michael Pollanen, Chief Forensic Pathologist for Ontario, Director, Centre for Forensic Science and Medicine, University of Toronto: "This is the first comparative analysis to explore the underlying forensic factors leading to miscarriages of justice. The authors' analysis underscores the urgency of systemic improvements to the resourcing and research base of forensic science and forensic pathology. It is an urgent call for a more 'scientific' forensic science".

The Honourable Justice Stephen T. Goudge, Justice of the Court of Appeal for Ontario, Commissioner, Inquiry into Pediatric Forensic Pathology in Ontario, 2008:
"In this impressive work, the experiences of Britain, Canada, and Australia are collected, compared, and analyzed by these eminently qualified experts... all who are involved in the criminal justice system and the constant need to perfect it will profit from this book."

Book Launch Invitation - 10 November 2010, Parliament House, Adelaide 10am - 12 Noon

See comments on the book by Harold Levy - "comprehensive and ground-breaking book"

September 2012 - Brent Turvey - PhD Thesis Bond University - "Forensic Fraud: Evaluating law enforcement and forensic science cultures in the context of examiner misconduct"

May 2012 - Now I See It For What It Really Is: The Impact Of Participation In An Innocence Project Practicum On Criminology Students
Rose Ricciardelli, James G. Bell and Kimberley A. Clow, Albany Law Review, Vol 75.3 1439 (footnote 22)

Na JIANG. 2013. "The Adequacy of China�s Responses to Wrongful Convictions" ExpressO - Available at: http://works.bepress.com/na_jiang/1citation of Forensic Investigations book FN 85

Roach, K, �More Procedure and Concern About Innocence But Less Justice?� in Huff, CR and Killias, M (eds) Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems (Routeldge, 2013,) page 291

Weathered, Lynne (2012) "Wrongful Convictions in Australia" University of Cincinnati Law Review Vol. 80: Iss. 4, Article 16
(footnote 4 - Sangha / Moles articles cited note footnote 84)

In Canada: Order this book from Irwin Law

In Australia: Order this book from Federation Press

Legal Cases referred to in the book

The following links are to the NetK summaries of the cases, each of which contain links to the full text of the cases

Australian Law Reports

Canadian Law Reports

British and Scottish Law Reports

United States Law Reports

Books
Articles
General Reports

Media References to this book

3 December 2010 - ABC Radio 891 Sonya Feldhoff interviews Bibi Sangha on the need for a criminal review commission

Flinders University Journal Vol 21 No 10 November 2010 - "Righting the Wrongs of Justice" Bibi Sangha and Bob Moles at page 6
External Link: 30 October 2010 - ABC Radio National Saturday Extra - "Miscarriages of Justice"
October 2010 - Australian Women's Weekly - Jailing the Innocent
External Link: 18 July 2010 - ABC Radio National Background Briefing - "Beyond Reasonable Doubt"

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