Miscarriages of Justice: Impact on Victims and the Justice System

Miscarriages of justice

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The English legal system is the one which comprises of the common and statutory law,
each covering civil as well as criminal law. Each branch of law has its own procedures and
courts which regulate the enforcement of legislations and render justice to the victims. The
statutory law is the legislation made by the supreme law making authority which is called the
Parliament and the common law is the judge made law which is evolved from the precedents. In
the absence of any statutory law, common law forms the residual source of legislation with the
principle of stare decisis which is mainly based on the judicial decisions, usage and customs
(Hilliard, 2017). This essay shall cover the miscarriage of justice and its impact on the victim,
wider society and the justice system.
MAIN BODY
To the common people and lawyers, justice is the application of rule of law which is
certainty of applying the legal rules that have developed over the centuries in order to resolve the
dispute between the citizens and the state and citizen. If viewing from the perspective of judges,
justice is application of rule of law without any favour or fear, ill will and affection.
The justice system is one of the three branches of state which is the judiciary who is
entrusted with the role to render justice. The other two branches are the executive and legislature
which comprise of two houses of Parliament. The United Kingdom does not have its written
Constitution rather its principles are derived from the statutory and common law. The main
consequence of lack of Constitution is that legal and political institutions have been evolved
since 1066 and also there is no separation of power and functions among the three branches
which are Legislature, Executive And Judiciary. There has been the over lapping of power in
between the branches of state.
Out of three branches, the judiciary is the one which administers the justice according to
the law. The term is being used broadly to refer to the judges, courts, adjudicators, magistrates
and the other personnels who supports in running the system. The courts are the one who have
the role of applying the law, settling the dispute and punish the law breakers as per the law
(Mujuzi, 2019).
Miscarriage of justice which is also called the wrongful conviction mainly occurs when
the person is being convicted and also punished for the crime have not actually committed it. In