Active learning ideas
Miscarriages of Justice examines the failures of the criminal justice system that lead to wrongful convictions or the acquittal of the guilty. Students analyse the causes of these failures, such as police misconduct, unreliable forensic evidence, false confessions, and witness error. The topic also covers the appeals process and the role of the Criminal Cases Review Commission (CCRC) in investigating potential errors. This aligns with WJEC AC3.1 and AC3.2, requiring students to examine information for validity and draw conclusions.
Activity 01
Provide groups with a summary of a famous miscarriage of justice. They must act as the CCRC, identifying three specific 'points of failure' (e.g., hidden evidence or coerced confession) that justify a new appeal.
What factors contribute to wrongful convictions?
Activity 02
Divide the class. One side argues that the appeals process should be easier to access to prevent wrongful convictions. The other side argues that too many appeals undermine the finality of the law and distress victims. Both must use criminological terms.
How does the appeals process function in the UK?
Activity 03
Display quotes and stories from people who were wrongfully convicted. Students move around and must list three different ways a miscarriage of justice impacts the individual, their family, and public trust in the law.
What impact do miscarriages of justice have on public trust?
A few notes on teaching this unit
Watch Out for These Misconceptions
Miscarriages of justice only happened in the 'old days' before DNA.
While DNA has helped, miscarriages of justice still happen due to human error, new types of digital evidence, or procedural mistakes. The 'Case File Cold Case' activity helps students see that the *reasons* for failure are often systemic, not just technological.
If someone is found 'not guilty' on appeal, it means they are definitely innocent.
A successful appeal often means the original conviction was 'unsafe' (procedurally flawed), not necessarily that the person is innocent. Understanding the legal term 'unsafe conviction' is a key distinction for students to make in their writing.
Methods used in this brief
The Investigative Process
A detailed look at the roles of key personnel involved in criminal investigations, including Crime Scene Investigators and detectives. Students will evaluate how crime scenes are secured and processed.
8 methodologies
Forensic and Investigative Techniques
Evaluating the usefulness of various investigative techniques such as DNA profiling, surveillance, and suspect interviewing. Students will consider the ethical and legal implications of gathering evidence.
8 methodologies
The Crown Prosecution Service and the Courts
Understanding the role of the Crown Prosecution Service (CPS) and the application of the Full Code Test. Students will explore the trial processes in both Magistrates' and Crown Courts.
8 methodologies