Miscarriage of Justice


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Related to Miscarriage of Justice: travesty of justice

Miscarriage of Justice

A legal proceeding resulting in a prejudicial out-come.

A miscarriage of justice arises when the decision of a court is inconsistent with the substantive rights of a party.

See: error, inequity, injustice, misjudgment
References in periodicals archive ?
This Note argues that, absent objection at trial, the Massachusetts courts should review admission of objectionable evidence as potential ineffective assistance of counsel, rather than as error under the miscarriage of justice standard.
If released, Hodgson originally from County Durham, would be one of the longest-serving victims of a miscarriage of justice.
Being cautious I visited him in prison and after seeing him also felt there had been a huge miscarriage of justice.
The findings suggest Maharaj, whose senten-ce was commuted to 50 years' imprisonment in 2002, when Newmarket trainer Clive Brittain was among his character witnesses, is the victim of a miscarriage of justice and add credibility to theories that he was framed over the shooting of a Jamaican drug trafficker and his son, Derrick and Duane Moo Young, in October 1986.
Similarly police, prosecutors and local court officials used or supported petitions for parole when they felt that a miscarriage of justice had taken place.
Enraged by what he saw as religious intolerance and a miscarriage of justice, Voltaire made Calas' case one of the causes celebres of eighteenth-century public life, and a lightening rod for those who opposed not only religious intolerance, but also the entrenched judicial procedure that used testimony taken under torture and condemned individuals to death for it.
In a nutshell: A rich portrait of a unique brand of heroes, a compelling depiction of a series of tragic coincidences and an expose of a miscarriage of justice.
Velarde told reporters Estrada wants to review the case thoroughly to make sure there will be no miscarriage of justice.
But the case for racism being the cause of this miscarriage of justice is never made beyond a reasonable doubt.
The accepted miscarriage of justice cases are the springboard which allows for such general discussion of inadequacies; they provide a grounding in accepted fact, an agreed basis for critique of the system.
We see this as a profound miscarriage of justice and will seek redress in a rehearing or, if necessary, in an appellate court.
THE brother of a young man killed in mysterious circumstances 32 years ago has said his unsolved death is a huge miscarriage of justice.