Convicted for crimes that never happened
The Observer Sunday 19th October 2003
http://observer.guardian.co.uk/comment/story/0,6903,1065342,00.html
Following
last week's Annual Miscarriage of Justice Day Michael Naughton finds a new category
of perverse jury verdicts where the innocent face jail for crimes which never occurred.
The
common view of a miscarriage of justice victim is of a person wrongly convicted for
a crime that they did not, in fact, commit. More familiar accounts of the causes
of miscarriages of justice have focused upon cases of successful appeal against criminal
conviction and charted the reasons given by the appeal courts for the initial conviction,
most often the perennial problem of prosecution non-disclosure, police error or misconduct,
problems with identification, false confessions, perjury or poor defence.
The popular
reason cited for miscarriages of justice is that the police and prosecution services
are under an enormous pressure, from both government and the public, to tackle rising
crime - because the criminal justice system is a human system this leads to inevitable
mistakes where innocent victims are unintended casualties in the battle for law and
order. There is at least some theoretical merit to that when a crime has actually
been committed. But what about the untold number of innocent people who are currently
being convicted for crimes that have never occurred?
This is not so far-fetched as
it might seem. Recent cases of successful appeal have documented the problem that
juries have in adjudicating between competing and conflicting expert forensic scientific
evidence.
These include the cases of Sally Clark who spent three years of a mandatory
life sentence for the murder of two of her three children who the appeal courts determined
had died of natural causes; Florence Jackson, who the appeal courts said died of
accidental drowning; Patrick Nichols who spent 23 years of wrongful imprisonment
for the murder of Gladys Heath, a family friend, who had accidentally fallen down
a flight of stairs; and, Kevin Callan who served three years for the murder of his
four-year-old step-daughter Amanda Allman who died as a result of a fall from a playground
slide.
These are just a sample of such cases that have been overturned by the appeal
courts over the last five years following new forensic evidence.
There are more cases
relating to prisoners currently serving life sentences who continue to allege their
innocence: Nick Tucker is currently serving a life sentence for the murder of his
wife who died following a tragic road traffic accident. Five separate pathologist
reports into the case agree that Carol Tucker died of accidental causes.
Jong Rhee
is also claiming his innocence following the death of his wife in what contesting
forensic science evidence holds to have been an accidental guest house fire; and
Angela Canning, who has an appeal pending, is currently serving a double life sentence
for the murder of her two children who may have been the tragic victims of 'cot death'.
Such
cases continue to question the reliability of convictions based solely on expert
forensic science evidence.
To make sense of convictions for crimes that never occurred,
you need to consider the current climate of criminal justice in England and Wales.
The recent criminal justice bill, which proposed wide ranging reforms of the entire
criminal justice system, also included the abolition of many safeguards against miscarriages
of justice. Tony Blair has said that these changes are necessary because the present
system is ineffectual in obtaining guilty verdicts and too many guilty offenders
are said to be escaping their just deserts. While it is true to say that far too
many crimes go undetected and police clear-up rates are generally low, the present
system is very effective in obtaining guilty verdicts once criminal suspects have
been charged - around 95% in magistrates' courts and 87% in the crown court.
Despite
such percentages, the criminal justice bill represents a reversal of the principle
that it is better that ten guilty offenders are acquitted than one innocent person
wrongly convicted, which has long been a cornerstone of the criminal justice system.
On the contrary, the operational principle of the criminal justice system now seems
to be that the excessive conviction of the innocent is a necessary and palatable
fact. Indeed, it can be argued that with the creation of the criminal cases review
commission, the system not only officially recognised that miscarriages of justice
can and do occur, they have become a necessary requirement. An indicator of a criminal
justice system that is truly tough on crime to the extent that it now needs an official
body to overturn an increasing number of miscarriages of justice.
As this relates
to the issue of the victims of crimes that never occurred, the juries in the various
cases, whether already overturned or not, were faced with the impossible task of
adjudicating upon highly complex and conflicting expert forensic scientific evidence
about which they were not suitably qualified to properly understand. Faced with such
a dilemma, and fuelled with the misleading rhetoric that too many guilty offenders
are being acquitted, what else could they do except find the defendants guilty? The
alternative, that no crime occurred, was a step too far, for it meant risking the
release of alleged murderers back into the community with the potential to kill again.
At
the same time, the victims of crimes that never occurred also illustrate a category
of perverse jury verdicts that has also not previously been acknowledged. Conventionally,
perverse jury verdicts are defined as occasions when juries do not comply with the
direction or guidance of the courts and return not guilty verdicts in cases where
defendants are believed to be guilty. Victims who are convicted of crimes that never
occurred turn this on its head and show that juries can be equally perverse when
they comply with judicial misunderstandings of forensic scientific evidence and legitimate
the wrongful conviction of innocent defendants.
Dr Michael Naughton is a Research
Fellow in the Department of Sociology, University of Bristol. He has published widely
on the causes, scale and harmful consequences of miscarriages of justice.
www.slimeylimeyjustice.org