N
o one could deny the flaws that exist in lect a favourable location to file a case with a
our legal system no matter how much we view to obtaining a positive judgment.
would like to believe in its infallibility. It is a sad
2. The ratification of the Constitution
truth that no legal system is perfect; it is hard to 13th Amendment by the state of Mississippi on
protect fairness, legality, and democracy when the 7th of February 2013 is a procedural failure
social policy, governmental objectives, and po- that has led to a legal failure. Although Missislitical pressure interfere.
sippi filed for ratification in 1995, it was not
The following examples prove that some- formally filed with the Archivist of the United
times the legal system fails. Both British and States. As such, it was not official. Rather than
American examples are listed below, since the a failure of the American legal system, this inAmerican legal system is modelled after the stance marked a failure of its application.
British common law system.
3. In recent years, the Nuremberg Trials
The conviction of ‘the Birmingham Six’ have led to criticisms of procedural injustice
who, in 1975, were sentenced to life imprison- leading to legal injustice. There are supporters
ment for the pub bombings that killed 21 peo- arguing that there was a lack of clear jurisdicple and injured 182, is possibly one of the most tion. According to Robert Woetzel in The
famous examples of a miscarriage of justice. In Nuremberg Trials in International Law, the
1991, the conviction was overturned after evi- ‘Acts of State’ doctrine provides that ‘individudence of police fabrication and suppressed ev- als cannot be prosecuted by a foreign governidence came to light. Although compensation ment for violations of international law which
has been awarded and measures taken to guard they committed in exercise of official duties.’
against another miscarriage, this remains an in- Accordingly, it seems that the judges involved
stance of failure in the British legal system.
might have acted ultra vires. In doing so, they
1. Possibly the most famous acquittal in righted a wrong; but the carrying out of the trirecent years is People of the State Of Cali- als constituted a legal failure. This question was
fornia v O.J. Simpson. Simpson, who was ac- raised in Konovov v. Lativa, where the dissentcused of murdering his ex-wife Nicole Brown ing judgement held that the Nuremberg judgSimpson and her friend Ronald Goldman, was ment was contrary to Article 7 of the ECHR.
found not guilty. The prosecution filed the case This judgment proved that, with hindsight, it
downtown, rather than Santa Monica where is easier to reflect on how politics constantly
the crime occurred. It soug