On the 29th Anniversary of Jeremy's conviction he talks about the difficulties in proving your innocence.
Innocence Projects, the Criminal Cases Review Commission (CCRC), lawyers and MP’s as well as the media face that first hurdle of whether the case before them is a genuine Miscarriage of Justice or not. A cursory review is all that can be done in the first instance, which probably won’t reveal anything to help supporters get to the truth. My experience over twenty nine years of listening to fellow prisoners protest their innocence has left me with no special insight into how to sift out those who are trying it on, and those who are not. If I like the person then it plays a huge part on whether I believe them or not. My point being that if I cannot tell face to face, and with my years of experience, then the CCRC and Innocence Projects et all, have even more difficulty as they have to rely on a letter or two, and a quick review of the evidence upon which to make a decision. This has meant the cases chosen to be supported by these organizations are often ones where there isn’t much evidence to sustain the conviction. The CCRC does sometimes investigate complex cases but it is only a matter of time before they drown under the paperwork and bail out. At least, that’s how my experience has been. Other organizations don’t have the resources to take on those kinds of cases either.
Innocence Projects, the Criminal Cases Review Commission (CCRC), lawyers and MP’s as well as the media face that first hurdle of whether the case before them is a genuine Miscarriage of Justice or not. A cursory review is all that can be done in the first instance, which probably won’t reveal anything to help supporters get to the truth. My experience over twenty nine years of listening to fellow prisoners protest their innocence has left me with no special insight into how to sift out those who are trying it on, and those who are not. If I like the person then it plays a huge part on whether I believe them or not. My point being that if I cannot tell face to face, and with my years of experience, then the CCRC and Innocence Projects et all, have even more difficulty as they have to rely on a letter or two, and a quick review of the evidence upon which to make a decision. This has meant the cases chosen to be supported by these organizations are often ones where there isn’t much evidence to sustain the conviction. The CCRC does sometimes investigate complex cases but it is only a matter of time before they drown under the paperwork and bail out. At least, that’s how my experience has been. Other organizations don’t have the resources to take on those kinds of cases either.
The
‘cure,’ which was promised in the guise of the CCRC in 1997, has allowed the
real problems to remain unaddressed. Broadly speaking, the current court process,
juries, poorly financed Legal Aid, an over stretched Crown Prosecution Service,
combined with a results driven police force all play a part in Miscarriages of Justice
happening in the first place.
A
fixed, amended and overhauled system would prevent innocent people from being
wrongly convicted, and both barristers and solicitors know what needs to be
done but it’s as if tradition and protocol prevent those who know from speaking
out, and the voice of high profile figures in this field would help. There is
also a distinct reluctance for many organizations, and legal workers to embrace
social resources and other forms of media, which could raise awareness of the
cause. Miscarriages of Justice have a late 20th Century feel, with
most of the population picturing the release of innocent people photographed in
the 1980’s and 1990’s, but the problem is as real and persistent today as it
ever was. Wrongful convictions continue to affect many young people from
diverse cultural and social groupings, but they remain something that is
considered a rarity, or a thing of the past.
I
have my own ideas on how to improve the trial process, which is always weighted
in favour of the prosecution from the outset; it is unlikely anything much will
change for the foreseeable future. This means Innocence Projects, the CCRC and
other Campaign Groups will be needed for many years to come. The trick will be
to ensure that their finite resources are put to best use. Because of the lack
of specialist legal help available to prisoners maintaining innocence, in the
first instance, prisoners need to self prepare work. Many prisoners will have
limited help from others on the outside who might lack any legal expertise,
time, money, or access to evidence and resources themselves. Some people who
are innocent inside have no one on the outside.
There
are valuable voluntary organizations like Miscarriages Of Justice Organization
(MOJO) who offer an unbiased platform to tell people about your innocence, but
without having done the groundwork before contacting these people all you have
is a pen and a piece of paper to say, “I’m innocent but I don’t have any
evidence to prove I am.” Not many people will believe the word of someone
convicted of a serious crime without any evidence to support their claim. It’s
this first rung of the ladder which most wrongly convicted prisoners find difficult to get a foothold upon.

If
anyone reading this has ever done casework they will know all about the
painstaking, meticulous number of hours that go into researching. No one will
work harder than the innocent prisoner in this process. The range of books in
the library is very limited; you won’t find the latest books by Michael
Naughton, or guidance on preparing your casework. Computers should be available
for legal work with printing facilities, as well as software packages, which
allow prisoners to prepare case material. Access to a broad section of Internet
resources, or databases listing forensic scientists, human rights lawyers and
their case histories, should be made a priority.


In
effect, there is no equality of arms. A prisoner who has been wrongly convicted
and who cannot read or write has no possible way in which to seek help for a
new appeal. In the high security prison system about 50% of prisoners have real
difficulty reading or writing. So how does this group of prisoners obtain even a
cursory review of their case? A structure needs to be put in place to help
them. The adversarial system is still extraordinarily difficult for even the
most resourceful, educated, experienced prisoners to obtain help to fight their
case for innocence.
It
is never going to be possible to unearth a Miscarriage of Justice without a
case undergoing a really thorough investigation. If police corruption is the
cause of a wrongful conviction (and it is frequently the cause), then it will
be well covered up, and very hard to detect without meticulous and painstaking
attention to case papers and evidence. Police officers know the system better
than anyone, and are best placed to disguise any wrongdoing, and in the event of
transparent mistakes, the errors are ignored and covered up by superiors to
maintain public faith in the justice system as a whole. A scant review, which
most cases initially receive, has no chance of uncovering these causes of
Miscarriages of Justice.
Disclosure
of all case material must happen pre-trial, and be given to the defendant
personally, not simply made available for a solicitor to look through on a
couple of afternoons at some random police station. If Public Interest Immunity
has been used then the defendant should know it has been used and why.
Obviously in some cases this couldn’t happen, but for most cases and for most
of the time there is no excuse for this blanket secrecy and this should be
changed.
There
needs to be real help with sensible funding for the prison system to support those
inmates maintaining innocence. Allow law schools entry to prisons and allow
those maintaining innocence to use computers, and access to those who can help
via telephone, skype and on line. Allow Innocence Projects and other advocates
to come into prisons and give talks, interview prisoners and give advice
directly.
Set
up extensive law libraries on line or via a database to give access to up to
date books, keeping the cost low, and a reduction in the physical space for
books. Prisoners who are innocent could find out the latest legal rulings, and
learn how to fight for themselves and these Miscarriage of Justice cases have a
greater opportunity to present their position to the CCRC, Innocence Projects
or even their own lawyers.
