Miscarriages Of Justice In Canada

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 : 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 Maria Campbell
Publisher :
ISBN 13 : 9781487514563
Total Pages : 440 pages
Book Rating : 4.65/5 ( download)

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Download or read book Miscarriages of Justice in Canada written by Kathryn Maria Campbell and published by . This book was released on 2011 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : C. Ronald Huff
Publisher : Routledge
ISBN 13 : 0415539935
Total Pages : 434 pages
Book Rating : 4.37/5 ( 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 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.

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 : Temple University Press
ISBN 13 : 159213646X
Total Pages : 327 pages
Book Rating : 4.69/5 ( download)

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Download or read book Wrongful Conviction written by C. Ronald Huff and published by Temple University Press. This book was released on 2010-01-15 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel. This collection includes a number of well-developed public-policy recommendations intended to reduce the instances of courts punishing innocents. It also offers suggestions for compensating more fairly those who are wrongfully convicted.

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 : Bibi Sangha
Publisher :
ISBN 13 : 9780409340723
Total Pages : pages
Book Rating : 4.23/5 ( download)

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Download or read book Miscarriages of Justice written by Bibi Sangha and published by . This book was released on 2015-09-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005

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 : Brent E. Turvey
Publisher : Academic Press
ISBN 13 : 0124095283
Total Pages : 417 pages
Book Rating : 4.81/5 ( download)

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Download or read book Miscarriages of Justice written by Brent E. Turvey and published by Academic Press. This book was released on 2014-05-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583