The anatomy of "factual error" miscarriages of justice in England and Wales: a fifty-year review

Abstract

Examining convictions that have been quashed on the basis of factual error (factual error miscarriages of justice) can provide insight into systematic problems with evidence and evidence evaluation at criminal trials and circumstances in which innocent defendants may be being convicted of criminal offences. This article conducts an analysis of over 250 such miscarriages of justice that have occurred over the last 50 years. Results highlight four key contributors to factual error miscarriages of justice—unreliable witness testimony, false or unreliable confessions, inadequate disclosure, and false or misleading forensic science. Analyses examine factual error miscarriages of justice generally and in each of these key areas, and highlight areas particularly in need of targeted reform and future research.