Criminal Law: Case Study Answers, Miscarriage of Justice, Wrongful Confessions, Compensation, Journal, Tutorial 4 Answers

Running head: CRIMINAL LAW
CRIMINAL LAW
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CRIMINAL LAW
CASE STUDY ANSWERS
ANSWER 1:
In the case of David Milgaard, David was accused o rape and murder of Gail Miller. He
served in jail for 22 years before he was totally exonerated through the DNA testing. Such
forensic test held him innocent and convicted the rapist Larry Fisher. He was proved innocent by
testing of the semen samples on the victim’s clothing that proved that they did not originate from
Milgaard. The lab used a method called short tandem repeats which showed that semen was not
of David. Since there was conclusive proof for David, he was held innocent.
In the case of Steven Truscott, the use of forensic science helped him to declare and
prove his innocence. In 1959, he was wrongfully convicted for the murder of 12 years old
Harper. The former was sentenced to death which latter changed to life imprisonment. He was
later released on parole after 10 years in prison. Almost 50 years after the burial, the victim’s
body was exhumed. But no useable DNA was found on he remains. However the Ontario Court
of Appeal acquitted him.
In both these cases, the evolution of forensic science had helped to prove the innocence
of the accused persons.
ANSWER 2:
Miscarriage of justice is often known as the failure of justice where an innocent person is
proved to be guilty. It is sometimes used to depict any wrongful conviction as it is the failure of
justice. An innocent person when erroneously convicted of a crime which he did not commit
results into the miscarriage of justice. When it occurs, it is not usually due to just one mistake,

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CRIMINAL LAW
but rather a combination of mistakes. Hence, like the problems and errors are multi layered,
similarly the solutions are too multi faceted. The duty to prevent miscarriage of justice lies on all
the participants of the criminal justice system.
The differences between innocent, not guilty and miscarriage of justice are discussed
below. The term innocent is used against a person who has cleared all the speculation that he has
committed a crime. Innocence cannot be proved at a trial in the court. On the other hand, ‘not
guilty’ does not necessarily mean a person is innocent. In a criminal case, the prosecution has to
prove that a defendant has committed a crime beyond reasonable doubt. When the crime cannot
be proved beyond reasonable doubt, the accused is termed as ‘not guilty’. However, the term ‘not
guilty’ does not prove innocence; instead it means the evidence was not strong enough for a
guilty verdict.
On the other hand, miscarriage of justice means a verdict or judgment which is clearly
mistaken, improper or unfair. It is the wrong decision made by a court due to which an innocent
person is punished.
This differentiation is needed as the court uses different terms for different situations in
the given case. These words can never be substituted by one another. Hence, not guilty does not
mean being innocent and vice versa. In order to found not guilty, one have to pass through the
stress and expense of a trial. Innocent can be proved in various ways before the trial.
ANSWER 3:
The causes behind the wrongful confessions are the irregularities and competence at the
investigatory, pre trial, trial and appellate stages of the criminal justice system. The main reasons
behind wrongful conviction as seen from the history of cases are inadequate representation by