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The Role of the Media in Revealing Miscarriages of Justice

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The Role of the Media in Revealing Miscarriages of Justice WATCHDOGS OF THE WRONGLY CONVICTED: THE ROLE OF THE MEDIA IN REVEALING MISCARRIAGES OF JUSTICE SAM POYSER This thesis is submitted in partial fulfilment of the requirements for the award of the degree of Doctor of Philosophy of the University of Portsmouth July 2012 Institute of Criminal Justice Studies Faculty of Humanities and Social Sciences DECLARATION “Whilst registered as a candidate for the above degree, I have not been registered for any other research award. The results and conclusions embodied in this thesis are the work of the named candidate and have not been submitted for any other academic award” i ACKNOWLEDGEMENTS My thanks to P and A: I found your help, guidance, and hospitality to be invaluable. Thank-you to D: The source of numerous contacts and lifts around Wales! M: Thanks for all the time you spent with me and your absolute support for this research. C &B: I could not have completed this research without you and its completion would have no value were it not for you. My final thanks to my supervisor Dr Diana Bretherick, for all of your guidance and support, and my supervisor Dr. Becky Milne for fighting for me and constantly reassuring me that I was worthy and capable of completing a PhD. ii ABSTRACT Miscarriages of justice occur far more frequently than we dare to believe (Yant, 1991; Naughton, 2009) and quite simply, ruin people’s lives. Many of these injustices have been revealed and ultimately rectified as a result of work by journalists who have dedicated energy and resources to investigating and publicising them. However, the involvement of the media in this area appears to have diminished over time, leading campaigners to claim that prisoners protesting their innocence should not now place too much faith in the informal involvement of journalists in their cases (Allison, 2004, n.p.). Such claims are of particular concern in the light of recent criticism that the Criminal Cases Review Commission, the formal investigator of miscarriages of justice, is not ‘fit for purpose’ (Woffinden, 2010; Laville, 2012). Using a triangulated research strategy which included interviews, questionnaires, and narrative analysis, this thesis examined the positive role of the media in miscarriages of justice cases in England and Wales (from the 1960s through to the present day); and determined how the media’s involvement in such cases had changed over time. The results indicated that the media’s major contribution to miscarriages of justice comes in the form of publicity and investigations. Of these, media investigations were found to bring about the biggest impact in a case, in terms of the journalist discovering fresh evidence which subsequently proves to be crucial at a prisoner’s appeal. However, a number of motivations and considerations were found to influence journalists’ decisions upon whether to get involved in miscarriages of justice and which cases to get involved in. These included moralistic motivations and profit-related considerations. Regarding those cases which are taken up by the media, there is a five-stage process (a model of journalistic involvement in miscarriages of justice) which journalists enter into. During this process journalists come up against a number of obstacles which determine whether they can continue with their involvement. But what makes a successful investigative journalist? Certain attributes may be particularly important in order to achieve success as a journalist in investigating miscarriages of justice, attributes which, the quantitative research strand of this thesis revealed, are similar to those required by criminal investigators. This strand iii of the thesis also revealed that successful investigators draw upon more qualities from ‘within the person’ than from ‘within the profession’ in order to achieve success. Journalists’ aims in telling stories about miscarriages of justice are numerous and although these stories share similarities with investigative stories in other genres, they also differ from them. This is particularly so in terms of their endings, as comparison of their structure with that of the fictional detective ‘Whodunit?’ story demonstrates, (i.e. there is no solution to the crime). It was also found that journalistic involvement in miscarriages has changed over time, from the 1960s, when there was little involvement, to the late 1980s/early 1990s which saw massive media interest in miscarriages. From the mid-90s however, a number of factors, especially increased commercial pressures, began to hamper journalists’ ability to get involved in, and particularly to investigate miscarriages, factors which persist today. Despite such issues, it is argued that some journalists will always remain ‘crusaders in the name of the public right to know’, viewing it as their professional duty to investigate and expose miscarriages of justice. This is fortunate, as until radical changes to the appellate system occur, many prisoners will still, it is argued, need them in the pursuit of freedom from injustice. iv DISSEMINATION OF FINDINGS TO DATE Publications: Poyser, S., Tong, S., & Milne, R. (in preparation). The detective versus the investigative journalist: abilities, skills, and characteristics of a successful investigator. The Police Journal. Poyser, S. & Milne, R. (2011). Miscarriages of justice: a call for continued research focussing on reforming the investigative process. British Journal of Forensic Practice, 13 (2), 61-71. Milne, R,. Poyser, S., Savage, S., & Williamson, T. (2010). Miscarriages of justice: What can we learn? In J. Adler & J. Gray (Eds.), Forensic psychology: concepts, debates, and practice (pp. 17-37). Cullompton: Willan. Savage, S., Poyser, S. & Grieve, J. (2009). Lawrence as a miscarriage of justice. In J. Grieve, N. Hall, & S. Savage (Eds.), Policing and the legacy of Lawrence: policy and practice a decade on from the Lawrence Inquiry (pp. 25-40). Cullompton: Willan. Savage, S., Poyser, S. & Grieve, J. (2007). Putting wrongs to rights: campaigns against miscarriages of justice. Criminology and Criminal Justice, 7 (1), 83-106. Conference Papers: Poyser, S. (2012). Journalistic investigations into miscarriages of justice: the investigative journalist versus the Criminal Cases Review Commission. British Society of Criminology Conference, Portsmouth, July 2012. Poyser, S. (2011). Re-trial by TV: the rise and fall of television investigations into miscarriages of justice. British Society of Criminology Conference, Northumbria, July 2011. Poyser, S. & Tong, S. (2011). The detective versus the investigative journalist: abilities, skills and characteristics of a successful investigator. British Society of Criminology Conference, Northumbria, July 2011. v Poyser, S. (2010). The media and miscarriages of justice: the past and possible future. British Society of Criminology Conference, Leicester, July 2010. Poyser, S. (2009). Investigating crime: the detective versus the investigative journalist. British Society of Criminology Conference, Cardiff, June/July 2009. Poyser, S. (2008). Miscarriages of justice: the media and their investigations. Research Paper delivered to Research Seminar for Victims of Miscarriages of Justice, Portsmouth, April 2008. Poyser, S. (2007). Journalists seeking justice. British Society of Criminology Conference, London School of Economics, September 2007. Poyser, S. (2006). The masters dissertation. Paper delivered to University of Portsmouth Study School, Portsmouth, July 2006. Poyser, S. (2005). Miscarriages of justice: What can we learn? British Society of Criminology Conference, Leeds, July 2005. Poyser, S. and Savage. S (2004). Miscarriages of justice: critical failure points in campaigns. British Society of Criminology Conference, Portsmouth, July 2004. Consultancies: Expert adviser to BBC television on the media's involvement in miscarriages of justice. BBC Television, 2011. Invited Lectures: Journalistic investigations versus CCRC investigations. Southampton Solent University (Invited by Dr. Nigel Brearley. Forthcoming). Surviving a PhD. Research Seminar Series. Canterbury Christ Church University (December 2011). The media’s involvement in miscarriages of justice. University of Portsmouth (May 2009). vi Miscarriages of justice and the media. University of Portsmouth (May 2008). Journalists and miscarriages of justice. PhD Departmental Research Seminar. University of Portsmouth (February 2008). The media's involvement in miscarriages of justice: journalistic investigations. University of Portsmouth (May 2007). Miscarriages of justice: campaigns against miscarriages of justice. University of Portsmouth (February, 2007). Miscarriages of Justice: critical failure points. University of Portsmouth (May 2006). Television Appearance/Interviews: Grazia Magazine (2011, October). The impact of wrongful conviction for murder on Amanda Knox and Raphael Sollecito. London: Promedia Publishing Ltd. O'Hagan, S. (Producer). (2011, April 6). Re-trial by TV: the rise and fall of Rough Justice [Television broadcast]. London: BBC 4. vii TABLE OF CONTENTS List of Tables and Figures Abbreviations Chapter 1: Introduction Introduction 1 The Research Strategy 2 The Contextual Background of the Study 3 Aims and Objectives of the Study 3 Organisation of the Thesis 6 Chapter 2: Miscarriages of Justice Introduction 9 What is a Miscarriage of Justice? 9 The Scale and Forms of Miscarriages of Justice in England and Wales 12 The Causes of Miscarriages of Justice 14 Miscarriages of Justice and the Truth 22 Addressing the Causes 23 Formal Remedies Against
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