International Perspectives on Correcting Wrongful Convictions: The Scottish Criminal Cases Review Commission

61 Pages Posted: 21 Jun 2013

See all articles by Lissa Griffin

Lissa Griffin

Pace University School of Law

Date Written: 2013

Abstract

Part I of this Article traces the history of the Scottish Criminal Cases Review Commission (SCCRC) and outlines the procedures employed by the SCCRC after an application is received, with particular attention to its extensive investigatory procedures. It also describes and analyzes the standards for referral of an application to the Scottish court. Part II briefly sets forth the statistics concerning applications, referrals, and judicial decisions. Part III includes an analysis of the SCCRC’s work by looking at the cases that have been referred and decided by the court. Those cases are divided into several categories: fresh evidence referrals, referrals based on a newly raised legal issue, and historic cases. It also includes a discussion of two sui generis, but very important decisions, and a consideration of how the SCCRC and the court deal with cases that do not involve any new factual or legal claims. Part IV reflects on and attempts to draw some conclusions about the SCCRC’s role in the correction of wrongful convictions.

Suggested Citation

Griffin, Lissa, International Perspectives on Correcting Wrongful Convictions: The Scottish Criminal Cases Review Commission (2013). William & Mary Bill of Rights, Vol. 21, No. 4, 2013, Available at SSRN: https://ssrn.com/abstract=2282648

Lissa Griffin (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914-422-4231 (Phone)

HOME PAGE: http://www.pace.edu/page.cfm?doc_id=23170

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