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Compensation For Wrongful Convictions In Canada
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Book Synopsis Compensation for Wrongful Convictions in Canada by : Myles Frederick McLellan
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.
Book Synopsis Miscarriages of Justice in Canada by : Kathryn M. Campbell
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 400 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.
Download or read book Justice Miscarried written by Helena 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: Former bank manager Ronald Dalton never got to watch his three young children grow up. In 1989 he was convicted for a crime that never happened. His wife, Brenda, was later ruled to have choked to death on breakfast cereal not strangled as a pathologist had initially claimed. Dalton’s daughter, Alison, was in kindergarten when he was charged with second-degree murder in 1988. He attended her high school graduation on June 26, 2000, two days after his conviction was finally overturned. Behind the proud facade of Canada’s criminal justice system lie the shattered lives of the people unjustly caught within its web. Justice Miscarried tells the heartwrenching stories of twelve innocent Canadians, including David Milgaard, Donald Marshall, Guy Paul Morin, Clayton Johnson, William Mullins-Johnson, and Thomas Sophonow, who were wrongly convicted and the errors in the nations justice system that changed their lives forever.
Book Synopsis Convicting the Innocent by : Brandon L. Garrett
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.
Book Synopsis Compensation for Wrongful Convictions by : Wojciech Jasiński
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 :Brian L. Cutler Publisher :American Psychological Association (APA) ISBN 13 :9781433810213 Total Pages :0 pages Book Rating :4.8/5 (12 download)
Book Synopsis Conviction of the Innocent by : Brian L. Cutler
Download or read book Conviction of the Innocent written by Brian L. Cutler and published by American Psychological Association (APA). This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last several decades over 250 citizens convicted of major felonies were found innocent and were exonerated. Today, thanks to the work of psychologists and other criminal justice researchers, the psychological foundations that underlie conviction of the innocent are becoming clear. There is real hope that these findings can lead to positive reforms, reduce the risk of miscarriages of justice, and avoid the consequences of wrongful convictions to victims and society. In this book, Editor Brian Cutler presents a state-of-the-field review of current psychological research on conviction of the innocent. Chapter authors investigate how the roles played by suspects, investigators, eyewitnesses, and trial witnesses and how pervasive systemic issues contribute to conspire to increase the risk of conviction of the innocent. The chapters skillfully examine psychological perspectives on such topics as police interrogations, confessions, eyewitness identification, trial procedures, juries, and forensic science, as well as broader issues such as racism and tunnel vision within the justice system. This comprehensive volume represents an important milestone for research on miscarriages of justice. By bringing psychological theories and research to bear on this social problem, the authors derive compelling recommendations for future research and practical reform in police and legal procedures.
Book Synopsis Wrongfully Convicted by : Kent Roach
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.
Book Synopsis Convicting the innocent by : Edwin Montefiore Borchard
Download or read book Convicting the innocent written by Edwin Montefiore Borchard and published by Рипол Классик. This book was released on 1961 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canada at 150 written by Heather MacIvor and published by . This book was released on 2017-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is a collection of essays and contributions from prominent Canadians on the 150th anniversary of Confederation, and the 35th anniversary of the Charter of Rights and Freedoms. Contributors include former prime ministers, politicians, judges, lawyers and wrongfully convicted. The perspectives are broad, thoughtful and inspiring."--
Book Synopsis Convicted but Innocent by : C. Ronald Huff
Download or read book Convicted but Innocent written by C. Ronald Huff and published by SAGE Publications. This book was released on 1996-01-23 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the specific issues surrounding wrongful convictions and their implications for society, Convicted but Innocent includes: survey data concerning the possible magnitude of the problem and its causes; fascinating actual case samples; detailed analyses of the major factors associated with wrongful conviction; discussion of public policy implications; and recommendations for reducing the occurrence of such convictions. The authors maintain that while no system of justice can be perfect, a focus on preventable errors can substantially reduce the number of current conviction injustices.
Book Synopsis Honouring Social Justice by : Margaret E. Beare
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.
Book Synopsis Wrongful Convictions and the DNA Revolution by : Daniel S. Medwed
Download or read book Wrongful Convictions and the DNA Revolution written by Daniel S. Medwed and published by Cambridge University Press. This book was released on 2017-03-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges. By studying the dataset of DNA exonerations, we know that precise factors lead to wrongful convictions. These include eyewitness misidentifications, false confessions, dishonest informants, poor defense lawyering, weak forensic evidence, and prosecutorial misconduct. In Part I, scholars discuss the efforts of the Innocence Movement over the past quarter century to expose the phenomenon of wrongful convictions and to implement lasting reforms. In Part II, another set of researchers looks ahead and evaluates what still needs to be done to realize the ideal of a more accurate system.
Book Synopsis Sexual Assault in Canada by : Elizabeth A. Sheehy
Download or read book Sexual Assault in Canada written by Elizabeth A. Sheehy and published by University of Ottawa Press. This book was released on 2012-09-29 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Book Synopsis Wrongful Convictions and Miscarriages of Justice by : C. Ronald Huff
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.
Book Synopsis Strengthening Forensic Science in the United States by : National Research Council
Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Book Synopsis Murder, Wrongful Conviction and the Law by : Jon Robins
Download or read book Murder, Wrongful Conviction and the Law written by Jon Robins and published by Taylor & Francis. This book was released on 2023-05-31 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes, including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of highprofile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in comparative law, criminology and psychology.
Book Synopsis Miscarriages of Justice by : Bibi Sangha
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
