Practice in the System: The Conduct of Criminal Justice Professionals
摘要
Following on from the previous chapter’s discussion of the risks posed by subjective cultures, this chapter examines how intersecting cultures can create behaviours and practices among criminal justice professionals that shape miscarriages of justice. We begin by raising an expanded potential of police misconduct, including unethical practices, a results-driven culture, and specific examples like ‘verballing’, evidence tampering, and non-disclosure. The influence of police culture, often linked to corruption and a disregard for ethical conduct, is examined. The chapter also explores the role of prosecutors by clarifying the duties and ethical responsibilities of prosecutors and the distinction between misconduct and errors in judgement. The challenges and wide discretion afforded to defence counsel are also considered, along with the difficulty of overturning convictions based on tactical errors or perceived incompetence. Finally, the chapter addresses forensic misconduct and systemic issues within forensic institutions, highlighting instances of error, mismanagement, and potential bias.