DOI: 10.5176/2382-5642_FSCR13.09
Authors: Julia Giaramita
Abstract:
This paper will discuss the current legal definition of a miscarriage of justice (MOJ), following the quashing of an unsafe conviction and the criteria that must be satisfied in order for a victim to be considered eligible for compensation. Those who have succeeded in having their conviction quashed do not automatically qualify for compensation. The paper proposes that there are circumstances in which a Bayesian approach to analysing evidence can assist in determining innocence beyond reasonable doubt, and hence satisfy the main criterion for the award of compensation.
Keywords:
miscarriage of justice, Bayesian Analysis
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