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Reasons to DoubtWrongful Convictions and the Criminal Cases Review Commission$
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Carolyn Hoyle and Mai Sato

Print publication date: 2019

Print ISBN-13: 9780198794578

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780198794578.001.0001

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Making Sense of Decision-making

Making Sense of Decision-making

(p.28) 3 Making Sense of Decision-making
Reasons to Doubt

Carolyn Hoyle

Mai Sato

Oxford University Press

This chapter examines decision-making and the use of discretion within the Criminal Cases Review Commission using socio-legal analysis, with particular emphasis on the application of the real possibility test at screening, investigation, and referral back to the Court of Appeal. It also describes the theoretical framework used in the review of the Commission's discretion and decision-making. The chapter begins with a discussion of how the Commission decides whether there is new evidence and whether that evidence gives rise to a real possibility that the Court of Appeal will find the conviction to be unsafe. It then considers the legal and socio-legal literature on discretion, highlighting the key features of discretionary behaviour and how it is facilitated and constrained in practice. Finally, it explores three concepts proposed by Keith Hawkins in the context of legal decision-making: ‘surround’, ‘field’, and ‘frame’.

Keywords:   decision-making, discretion, Criminal Cases Review Commission, socio-legal analysis, real possibility test, evidence, Keith Hawkins, surround, field, frame

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