Walker - Miscarriages of justice

• Miscarriage of Justice - (mutatis mutandis) A failure to attain the desired end - result of justice.
• • The state should treat individuals with equal respect for their rights and the rights of others.
  • Must accept the limitations for the preservation of the rights of others.
  • Due - process model - recognises the possibility of human fallibility.
• Categories of miscarriages of justice 1/2

  • Treatment of individuals in breach of their rights because of unfair processes will occur when individuals are subjected to arrest or detention without due cause or to unfair treatment to procure confessions
  • Denial of their rights concerns those who fall foul of laws which are inherently unjust rather than unjustly applied
  • No factual justification for the treatment or punishment.
• Categories of miscarriages of justice 2/2

  • Miscarriages resulting from disproportionate treatment in terms of rights may include the granting of arrest or extensive search powers in respect of trivial anti-social conduct or excessively harsh charges or sentences
  • Failure to protect and vindicate the rights of potential or actual victims
  • The existence and application of laws which are inherently unfair to victims