A miscarriage of justice refers to the violation of legal procedures. The purpose of the legal system is to provide justice to the citizens. Each procedure should be followed and carried out according to the law.
In other words, a miscarriage of justice happens when a procedure or principle is broken or violated in the course of the criminal law. If this occurs, the accused can be granted with legal justice, where the accused is capable of reaching out to the party who has the right to enforce the rule of law. By enforcing the rule of law, the accused is afforded with a degree of rights. These rights include the right to have a fair trial and the right to the assistance of a competent and experienced criminal lawyer to fight for his/her rights.
The miscarriage of justice can happen in several different ways. It can be the result of careless or reckless negligence. It can also be the result of an intention to frame the defendant or may be the result of mere oversight.
Civil courts do not offer a remedy for wrongful convictions and the conviction can be in the criminal law. For the miscarriage of justice, it is advisable to consult a criminal defense lawyer. These lawyers are aware of the laws and the provisions of the civil laws. They will then be able to make a proper comparison between the criminal and civil laws to ensure that the accused has a fair trial and get him/her acquittal.
Miscarriage of justice in the criminal justice system can occur when a crime was committed and evidence or evidences are withheld or destroyed. The miscarriage of justice can also be caused due to the use of torture in interrogations. Habeas corpus is another form of miscarriage of justice. It refers to the right to maintain a continuous form of force on a person under arrest, without his/her liberty being suspended or forfeited.
However, the miscarriage of justice can also occur if the police officials cannot be contacted or if the police officials do not respond to their summonses within the time limit. Another example of miscarriage of justice is if there are discrepancies regarding the investigation report. It can also occur due to failure to submit testimonies and witness' testimonies within the stipulated time limit.
Miscarriage of justice can also be caused due to extra-judicial execution or killing. This would include all the execution that does not follow the law, executions that have been illegal or executions which are performed in a non-lawful manner. Incarceration is also one of the most common forms of miscarriages of justice. It refers to the imprisonment of a person who has been arrested and who has not been convicted of any crime.
Miscarriage of justice can also be caused by negligence, corruption, even the action of another person that is considered as the "culprit" that led to the miscarriage of justice. Any of these cases can lead to a miscarriage of justice or even to a convict getting a conviction.
If you don’t call us to get an experienced criminal defense lawyer on your side to defend you against a rabid State prosecutor, the chances of your life being destroyed are extremely high.
Make sure the odds are in your favor by calling us right away to start working on your defense.
Charlotte, Raleigh, Greensboro, Durham, Winston-Salem, Fayetteville, Cary, Wilmington, High Point, Concord, Greenville, Asheville, Gastonia, Jacksonville, Chapel Hill, Huntersville, Rocky Mount, Apex, Burlington, Kannapolis, Wilson, Wake Forest, Hickory, Indian Trail, Mooresville, Holly Springs, Monroe, Goldsboro, Salisbury, Matthews, Garner, New Bern, Sanford, Cornelius, Fuquay-Varina, Morrisville, Mint Hill, Statesville, Thomasville, Asheboro, Kernersville, Clayton, Leland, Carrboro, Lumberton, Clemmons, Havelock, Kinston, Shelby, Boone, Lexington, Lenoir, Elizabeth City, Knightdale