Risk Rather than Causes: Expanding Understandings of Wrongful Conviction
摘要
In this chapter, we argue for a necessary shift in how we understand wrongful conviction. Rather than individualising ‘causes’, we emphasise the interconnected risks embedded within the criminal justice system that coalesce to produce miscarriages of justice. We contend that traditional approaches emerging from the United States tend to individualise error, often focusing on factors like false confession, and fail to adequately address the deeper structural, systemic, and social faults at play. Outside of the US, experiences like those of Gene Gibson typify a more complicated understanding of error. A vulnerable young Aboriginal man with significant cognitive and linguistic challenges, Gibson’s case starkly illustrates how multiple failures across individuals, systems, and institutions can subvert justice. Our approach moves beyond a search for a single ‘cause’ to present a broad constellation of risks, which are categorised under the overarching themes of culture and practice, capacity and capability, and transparency and accountability. By examining wrongful conviction through this risk-based lens, the book aims to provide a more nuanced framework for identifying and mitigating the conditions that render cases vulnerable to error.