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This site is about Scottish Miscarriage of Justice Victims
Please see: Miscarriage of Justice Organisation
All information on this site comes from Court Documents, news articles, from online sources and at from the prisoners and their families. We will highlight as many cases as possible.
What is a Miscarriage of Justice?
A miscarriage of justice is primarily the conviction and punishment of a person for a crime that he or she did not commit.Most criminal justice systems have some means to overturn, or "quash", a wrongful conviction, but this is often difficult to achieve. The most serious instances occur when a wrongful conviction is not overturned for several years, or until after the innocent person has been executed or died in jail.
"Miscarriage of justice" is sometimes synonymous with wrongful conviction, referring to a conviction reached in an unfair or disputed trial. Wrongful convictions are frequently cited by death penalty opponents as cause to eliminate death penalties to avoid executing innocent persons. In recent years, DNA evidence has been used to clear many people falsely convicted.
Causes of miscarriages of justice include:
Reflecting Scotland's own legal system, which differs from that of the rest of the United Kingdom, the Scottish Criminal Cases Review Commission (SCCRC) was established in April 1999. All cases accepted by the SCCRC are subjected to a robust and thoroughly impartial review before a decision on whether or not to refer to the High Court of Justiciary is taken.
“I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. To remain silent and indifferent is the greatest sin of all."
Elie Wiesel Nobel Prize for Peace in 1986.
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At the begining in this case detectives sought the help of a TV Cracker-style
psychologist, and they had not ruled out DNA testing the whole village.
DS Heath refused to give details but revealed that extra police officers from other
divisions were being drafted in to Galston for door-to-door inquiries.
He said it was vital to interview people as quickly as possible before they forget what
they may have seen on the day of the murder.
Detectives said they were unhappy with the poor response from local people in their
appeal for information to track down the killer.
DCI Willie Prendergast said,
"My own opinion is that there is someone out there with knowledge," he added.
"This was a callous crime committed by someone who must be showing a mood
change to their personality.
"The thing is that some individual knows this person and will recognise change."
