Doubt Dismissed

Race, Juries and Wrongful Conviction

Nisha Waller and Naima Sakande /// Jan 2024

Nisha Waller and Naima Sakande hold up their report Doubt Dismissed at the launch party in May 2024

In May 2024, APPEAL published a report on the hidden racist and classist intent behind the 1967 introduction of majority jury verdicts in England and Wales, finding links between majority verdicts and wrongful convictions.

The principle of jury unanimity – which insists that all 12 jurors must agree before a criminal conviction can be secured – had been a hallmark of the criminal justice system for hundreds of years until then Home Secretary Roy Jenkins championed the change.

Documents uncovered by Nisha Waller – APPEAL’s Racial Justice Lead and Naima Sakande – APPEAL’s former Deputy Director – showed this was at least in some part, introduced based on a desire to dilute the influence of “coloured” migrants and the new “labouring class”. The narrative unfolds against concerns of a more diverse jury pool, which some commentators felt diluted the “calibre” and educational ability of jurors.

APPEAL has identified dozens of high-profile wrongful convictions based on majority jury verdicts, which are set out in the report. This includes APPEAL’s client, Andrew Malkinson, who was recently exonerated after spending 17 years in prison, and Winston Trew, who was “fitted up” by a racist police officer in 1972.

 

“The references to women, racilaised minority people and the working class as less capable of performing jury service are not prejudicial comments of the past – they are a relic in today’s jury system.” – Nisha Waller, on findings of the report Doubt Dismissed

Advisory Group

Abimbola Johnson (25 Bedford Row) – Abimbola is a leading junior barrister, legal commentator and writer. Abimbola also chairs an Independent Scrutiny and Oversight Board which will play a crucial role in addressing historic disparities and a confidence gap between black people and the police.

Calvin Duncan – Calvin was wrongfully convicted of murder in New Orleans in 1985. Whilst in prison, Calvin was known for using his legal skills to help other prisoners. Calvin continued his fight for justice when he was released and helped propel the successful Ramos case to the Supreme Court.

David Cohen – David was wrongfully of murder in the UK in 2008 and is still serving time in custody. David is supported by APPEAL in challenging his wrongful conviction.

David Pinto – David was wrongfully convicted of murder in the UK in 2013 and is still serving time in custody. David is supported by APPEAL in challenging his wrongful conviction.

Dr Alpa Palmar (University of Cambridge) – Alpa is an academic lecturer specialising in criminological research. Alpa has researched and written on issues related criminal justice, with a particular focus on the the enmeshment of race, gender and criminalisation.

Dr Itiel Dror (University College London) – Itiel is an academic researcher with expertise on human performance and cognition. Itiel’s research examines human judgement and decision-making. Itiel has written on cognitive bias in the context of criminal justice outcomes, including on juror decision making.

Dr Rebecca Helm (University of Exeter) – Rebecca is an academic lecturer in Law. Rebecca led the analysis of over 250 miscarriages of justice that have occurred in England and Wales over the last 50 years and has researched jury decision making in the criminal trial.

Dr Shelley Budgeon (University of Birmingham) – Shelley writes and has lectured on gender, feminism and social change.

Dr Tunde Okewale MBE (Doughty Street Chambers) – Tunde is a leading junior barrister and Founder of Urban Lawyers – a charity which works to make the law more accessible to marginalised groups. Tunde is a well-known advocate for racial justice.

Michael Turner KC (Garden Court Chambers) – Michael is a senior barrister and hugely experienced trial and appellate advocate.

Professor Angela Allen-Bell (Southern University) – Angela is a legal scholar who has written on the interplay between law, race and justice. It is Angela’s research that gave way to the movement that successfully ended the use of non-unanimous jury verdicts in Louisiana.

Sophia Siddiqui (Institute of Race Relations) – Sophia writes and lectures on anti-racist feminism and has explored the historical continuities of the racialisation of crime in the media.

Winston Trew – Winston was wrongfully convicted of theft and assault in the UK in 1973 following a non-unanimous jury verdict. Following a decades long fight to clear his name, his conviction was overturned in 2019. Winston has written on the British Black Power movement, drawing on his own lived experience.

 

This initiative is generoursly supported by The Baring Foundation.

Download this report as a PDF

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5 Comments

  1. Maud Ward on June 25, 2024 at 12:47 pm

    이 가격은 징맨 구속 금요일 종가인 18

  2. 먹튀검증 on July 11, 2024 at 1:15 pm

    대법원은 공범 연지호에게 징역 23년, 안전놀이터 사건 배후로 지목된 유상원·황은희 부부에게 징역 8년과 6년을 각각 선고한 원심도 확정했다

  3. Caitlin.U on July 13, 2024 at 5:32 am

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