Systemic Incoherence in Criminal Justice: Failing to Treat Like Cases Alike
Keywords: Judges, credibility, Systemic Incoherence, Criminal Justice
AbstractSystemic incoherence – where different judges could decide the same case differently – is used by the author as a framework to examine credibility contest trials before a judge alone. The analysis applies to civil and criminal trials, although the criminal justice scenario is used as the example. By engaging with other relevant disciplines in coordinated research to reduce systemic incoherence, the legal profession could improve the performance of the criminal justice system, increase public confidence in the fairness of the system, and promote a better understanding of the limitations of criminal trials.
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