This chapter examines the cultural and institutional practices associated with the management of evidence through the criminal justice system that contribute to error. While forensic error is often assumed to be a central cause of miscarriages of justice, Australian cases frequently reveal more complex systemic issues, which are deeply rooted in investigative culture, evidence management, and disclosure practices. This chapter explores how informal investigative norms, such as reliance on intuition, tunnel vision, and resource-driven shortcuts, interact with flawed forensic processes, disclosure failures, and inadequate evidence preservation to create error. In particular, we emphasise how cultural attitudes within police shape the interpretation, handling, disclosure, and preservation of evidence. Existing standards and conditions for evidence storage also raise concerns about the availability of crucial material for post-conviction review. This chapter emphasises the need for rigorous standards, proper training, and oversight to mitigate these risks and prevent wrongful convictions.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Practice in the System: The Management of Evidence

  • Michele Ruyters,
  • Gregory Stratton,
  • Alyssa Sigamoney,
  • Monique Moffa,
  • Jarryd Bartle

摘要

This chapter examines the cultural and institutional practices associated with the management of evidence through the criminal justice system that contribute to error. While forensic error is often assumed to be a central cause of miscarriages of justice, Australian cases frequently reveal more complex systemic issues, which are deeply rooted in investigative culture, evidence management, and disclosure practices. This chapter explores how informal investigative norms, such as reliance on intuition, tunnel vision, and resource-driven shortcuts, interact with flawed forensic processes, disclosure failures, and inadequate evidence preservation to create error. In particular, we emphasise how cultural attitudes within police shape the interpretation, handling, disclosure, and preservation of evidence. Existing standards and conditions for evidence storage also raise concerns about the availability of crucial material for post-conviction review. This chapter emphasises the need for rigorous standards, proper training, and oversight to mitigate these risks and prevent wrongful convictions.