Vicky Conway and Jennifer Schweppe have posted the above-titled article on SSRN. Download here. The abstract states:
We inherently link miscarriages of justice with innocence. Yet the language of the term is not so restrictive, and implies that a broader definition can be contemplated, one encompassing all cases in which justice has not been done or carried. This article will begin by considering why the definition and application of the term is so problematic, followed by a conceptual and theoretical discussion of the term ‘miscarriage of justice’. It will then look at why the change in Irish law occurred in 1993 with the passing of the Criminal Procedure Act, with a short overview of the new law. The focus will then turn to a substantive discussion of the case law on the issue, charting the evolution of the definition and difficulties that faced the judiciary. The article will conclude with a discussion supporting the approach of the Irish judiciary, arguing that it presents an important challenge to legal systems internationally.
As long as we allow selective prosecution there will never be Justice for All. How can there be justice when a case is never investigated or prosecuted?