Compensation For Wrongful Convictions In Canada

Author : Myles Frederick McLellan
Publisher : Eliva Press
ISBN 13 : 9789975347587
Total Pages : 328 pages
Book Rating : 4.84/5 ( download)

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Download or read book Compensation for Wrongful Convictions in Canada written by Myles Frederick McLellan and published by Eliva Press. This book was released on 2021-01-29 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The plight of the wrongly convicted is gaining prominence with the growing awareness of the prodigious harms to innocent persons at the hands of the criminal justice system. Most of the attention, both scholarly and legislatively, has been focused on the causes of wrongful convictions and the need to free the innocent. What needs to now be addressed more comprehensively is the issue of how to provide redress to those persons whose lives have been inexorably damaged and how to best compensate them in their efforts to rebuild a life. The available remedies in Canada to pursue compensation include civil litigation for malicious prosecution, negligent investigation, a Charter breach and the highly politicized exercise of discretion by a government to make a payment without acknowledging liability. Except for the very few, none of these remedies are very helpful. Liberal democracies like Canada are honour bound if not constitutionally mandated to provide for innocence compensation far beyond the onerous and cost prohibitive pursuit of litigation against the State and the current highly secretive and inadequate executive remedy requiring an elusive exercise of mercy. About the Author: Dr. Myles Frederick McLellan (LL.B (J.D); LL.M (Osgoode); Ph.D. (Anglia Ruskin - Law) is a Professor of Law and Justice at Algoma University in Sault Ste. Marie, Ontario, Canada. The focus of his research, writing and teaching is criminal justice. He is the Director and Founder of the Innocence Compensation Project and is the Editor-in-Chief of the Wrongful Conviction Law Review. He is on the Policy Review Committee of the Canadian Criminal Justice Association. He has also been a Commissioner of Police and a Federal Crown Counsel.

Author : Hélèna Katz
Publisher : Dundurn
ISBN 13 : 1554888743
Total Pages : 235 pages
Book Rating : 4.40/5 ( download)

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Download or read book Justice Miscarried written by Hélèna Katz and published by Dundurn. This book was released on 2011-06-14 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at judicial error and wrongful conviction in Canada, including the cases of David Milgaard, Donald Marshall, Guy Paul Morin, and Clayton Johnson.

Author : Kathryn M. Campbell
Publisher : University of Toronto Press
ISBN 13 : 1487514573
Total Pages : 442 pages
Book Rating : 4.70/5 ( download)

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Download or read book Miscarriages of Justice in Canada written by Kathryn M. Campbell and published by University of Toronto Press. This book was released on 2018-06-12 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innocent people are regularly convicted of crimes they did not commit. A number of systemic factors have been found to contribute to wrongful convictions, including eyewitness misidentification, false confessions, informant testimony, official misconduct, and faulty forensic evidence. In Miscarriages of Justice in Canada, Kathryn M. Campbell offers an extensive overview of wrongful convictions, bringing together current sociological, criminological, and legal research, as well as current case-law examples. For the first time, information on all known and suspected cases of wrongful conviction in Canada is included and interspersed with discussions of how wrongful convictions happen, how existing remedies to rectify them are inadequate, and how those who have been victimized by these errors are rarely compensated. Campbell reveals that the causes of wrongful convictions are, in fact, avoidable, and that those in the criminal justice system must exercise greater vigilance and openness to the possibility of error if the problem of wrongful conviction is to be resolved.

Author : Kent Roach
Publisher : Simon and Schuster
ISBN 13 : 1668023687
Total Pages : 400 pages
Book Rating : 4.86/5 ( download)

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Download or read book Wrongfully Convicted written by Kent Roach and published by Simon and Schuster. This book was released on 2023-04-18 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A top legal scholar explains Canada’s national tragedy of wrongful convictions, how anyone could be caught up in them, and what we can do to safeguard justice. Canada’s legal system has a serious problem: a significant but unknown number of people have been convicted for crimes they didn’t commit. There are famous cases of wrongful convictions, such as David Milgaard and Donald Marshall Jr., where the system convicted the wrong person for murder. But there are lesser-known cases: people who feel they have no option but to plead guilty, and people convicted of crimes that were imagined by experts or the police that never, in fact, happened. Kent Roach, cofounder of the Canadian Registry of Wrongful Convictions, award-winning author, and law professor, has dedicated his illustrious career to documenting flaws in our justice system. His work reveals that the burden of wrongful convictions falls disproportionately on the disadvantaged, including Indigenous and racialized people, those with cognitive issues, single mothers, and the poor. Wrongfully Convicted raises awareness about wrongful convictions at a time when DNA exonerations are less frequent and the memories of most famous wrongful convictions are fading. Roach makes a compelling case for change that governments have so far lacked the courage to make. They include better legislative regulation of police and forensic experts and the creation of a permanent and independent federal commission both to investigate wrongful convictions and their multiple causes. Roach’s research and vast knowledge point to systemic failings in our legal system. But he also outlines vital changes that can better prevent and correct wrongful convictions. Until we do, many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians.

Author : Brandon L. Garrett
Publisher : Harvard University Press
ISBN 13 : 0674060989
Total Pages : 376 pages
Book Rating : 4.82/5 ( download)

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Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

Author : Gary Botting
Publisher :
ISBN 13 : 9780433451235
Total Pages : 673 pages
Book Rating : 4.38/5 ( download)

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Download or read book Wrongful Conviction in Canadian Law written by Gary Botting and published by . This book was released on 2010 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Miscarriages of justice in wrongful conviction happen more often than the criminal court system would like to admit. Awareness of the causes can reduce the overall potential for miscarriage of justice. These causes include: Prosecutorial ?tunnel vision?, Failure to make full disclosure, Suborned or concocted evidence, Eyewitness misidentification, False confessions, Reliance on in-custody informers, Incompetent ?experts?, Flawed legal representation. Wrongful Conviction in Canadian Law is the first book to review and analyze recommendations of Commissions of Inquiry into wrongful convictions. Comparative analyses reveal which recommendations have been implemented as policy, passed into legislation, or endorsed by the courts. You?ll learn how the authorities could have made ? or could have avoided ? such major errors." --Publisher.

Author : C. Ronald Huff
Publisher : Routledge
ISBN 13 : 1135072256
Total Pages : 434 pages
Book Rating : 4.54/5 ( download)

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Download or read book Wrongful Convictions and Miscarriages of Justice written by C. Ronald Huff and published by Routledge. This book was released on 2013-03-05 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative work builds on Huff and Killias’ earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways: (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction: voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.

Author : Margaret E. Beare
Publisher : University of Toronto Press
ISBN 13 : 0802097510
Total Pages : 513 pages
Book Rating : 4.14/5 ( download)

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Download or read book Honouring Social Justice written by Margaret E. Beare and published by University of Toronto Press. This book was released on 2008-01-01 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays provide an illuminating introduction to the background of important social causes, and describe dedicated examples of how to effectively champion calls for social justice.

Author : Wojciech Jasiński
Publisher : Taylor & Francis
ISBN 13 : 1000859312
Total Pages : 222 pages
Book Rating : 4.17/5 ( download)

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Download or read book Compensation for Wrongful Convictions written by Wojciech Jasiński and published by Taylor & Francis. This book was released on 2023-03-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

Author : Rose Ricciardelli
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 1771123184
Total Pages : 320 pages
Book Rating : 4.81/5 ( download)

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Download or read book After Prison written by Rose Ricciardelli and published by Wilfrid Laurier Univ. Press. This book was released on 2017-12-13 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment for former prisoners is a critical pathway toward reintegration into society and is central to the processes of desistance from crime. Nevertheless, the economic climate in Western countries has aggravated the ability of former prisoners and people with criminal records to find gainful employment. After Prison opens with a former prisoner’s story of reintegration employment experiences. Next, relying on a combination of research interviews, quantitative data, and literature, contributors present an international comparative review of Canada’s evolving criminal record legislation; the promotive features of employment; the complex constraints and stigma former prisoners encounter as they seek employment; and the individual and societal benefits of assisting former prisoners attain “gainful” employment. A main theme throughout is the interrelationship between employment and other central conditions necessary for safety and sustenance. This book offers suggestions for criminal record policy amendments and new reintegration practices that would assist individuals in the search for employment. Using the evidence and research findings of practitioners and scholars in social work, criminology and law, psychology, and other related fields, the contributors concentrate on strategies that will reduce the stigma of having been in prison; foster supportive relationships between social and legal agencies and prisons and parole systems; and encourage individually tailored resources and training following release of individuals.