Compensation for Wrongful Conviction

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Publisher :
ISBN 13 : 9781921185816
Total Pages : 6 pages
Book Rating : 4.1/5 (858 download)

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Book Synopsis Compensation for Wrongful Conviction by : Adrian Hoel

Download or read book Compensation for Wrongful Conviction written by Adrian Hoel and published by . This book was released on 2008 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.

Compensation for Wrongful Imprisonment

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Publisher :
ISBN 13 : 9780907247029
Total Pages : 35 pages
Book Rating : 4.2/5 (47 download)

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Book Synopsis Compensation for Wrongful Imprisonment by : Justice (Society)

Download or read book Compensation for Wrongful Imprisonment written by Justice (Society) and published by . This book was released on 1982 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Wrongful Convictions

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Publisher : Taylor & Francis
ISBN 13 : 1000859312
Total Pages : 222 pages
Book Rating : 4.0/5 (8 download)

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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.

Compensation for Damages Caused for Wrongful Conviction

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Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.:/5 (919 download)

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Book Synopsis Compensation for Damages Caused for Wrongful Conviction by : Irina Zakirova

Download or read book Compensation for Damages Caused for Wrongful Conviction written by Irina Zakirova and published by . This book was released on 2015 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research focuses on the analysis of civil cases related with compensation of damages for people who were wrongfully convicted. It is known that compensation has a positive effect on the mental state of such victims as well as inspires faith in justice nationwide. People who get wrongfully convicted are offered a range of legal services which are originally proposed as guidance within the criminal justice system, but in turn can cause additional harm/damage for the exonerated. Hence, methods and amount of compensation for such damages falls under the umbrella of this study. A detailed contextual analysis of civil cases related with monetary/non-monetary compensations for the exonerated employs qualitative research method and is a basis for recommendations regarding policy implications.

Wrongful Conviction and Exoneration

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Publisher : Greenhaven Publishing LLC
ISBN 13 : 1534505172
Total Pages : 128 pages
Book Rating : 4.5/5 (345 download)

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Book Synopsis Wrongful Conviction and Exoneration by : Lisa Idzikowski

Download or read book Wrongful Conviction and Exoneration written by Lisa Idzikowski and published by Greenhaven Publishing LLC. This book was released on 2019-07-15 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1989, there have been over 2,200 exonerations in the United States. These have resulted from a number of factors, including the discovery of new evidence, perjury, false identification, and bad forensic evidence. Even when an individual is exonerated, is it possible to compensate them for their loss of time and money? This volume looks at the issue from varying perspectives, exploring causes of wrongful convictions, ways to increase exonerations for those who were unjustly imprisoned, strategies to decrease the number of wrongful convictions going forward, and appropriate compensation for those who have lost years of their lives.

The Compensation for Wrongful Imprisonment

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Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.:/5 (133 download)

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Book Synopsis The Compensation for Wrongful Imprisonment by : Hung-cheung Ku

Download or read book The Compensation for Wrongful Imprisonment written by Hung-cheung Ku and published by . This book was released on 1975 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Convicting the innocent

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Publisher : Рипол Классик
ISBN 13 : 5874980261
Total Pages : 407 pages
Book Rating : 4.8/5 (749 download)

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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:

Compensation and Wrongful Conviction

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis Compensation and Wrongful Conviction by : Claire Moore Lankford

Download or read book Compensation and Wrongful Conviction written by Claire Moore Lankford and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wrongful convictions represent grievous errors carried out by state actors either through misconduct or structural failures within the criminal justice system. A majority of research, policy, and advocacy focuses on the legal demands of individuals who are wrongfully convicted. However, this focus excludes the aftermath of exoneration and the barriers individuals face as they adjust to the community post-release (e.g., financial, physical health, mental health). Wrongful conviction has a lasting impact on the family members and children of those who are wrongfully convicted, directly impacts the victim of the crime, and increases societal distrust in the criminal justice system. Given the deleterious effects wrongful conviction has on individuals, families, and society, it is critical to further understand citizens' perceptions of compensation, which serves as one restorative modality. This study examined the general public's perception of compensation for wrongful conviction based on race and previous criminal conviction. Participants (N = 413) consisted of United States citizens who were randomly assigned to one of four case vignettes 1) Black exoneree with no previous criminal conviction 2) Black exoneree with a previous criminal conviction 3) white exoneree with no previous criminal conviction 4) white exoneree with a previous conviction. Results revealed a significant interaction effect between race and criminal conviction on the amount of compensation awarded to exonerees. Specifically, Black exonerees with no previous criminal conviction were awarded more compensation than Black exonerees with a previous criminal conviction and compared to white exonerees with no criminal conviction. Implications for future research and policy are discussed.

Compensation for Wrongful Convictions and the Innocence Continuum

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Publisher :
ISBN 13 :
Total Pages : 27 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Compensation for Wrongful Convictions and the Innocence Continuum by : Dr. Myles Frederick McLellan

Download or read book Compensation for Wrongful Convictions and the Innocence Continuum written by Dr. Myles Frederick McLellan and published by . This book was released on 2016 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: While an exoneration is welcome relief to the wrongly accused and convicted, more often than not there is a significant lack of access to financial redress for the damages causes by a wrongful imprisonment. One of the fundamental criterion post-exoneration to access a financial remedy is a requirement that an applicant for compensation must prove their factual innocence. The problem inherent therein is that there is no mechanism in the criminal justice system to do so. This is an unprincipled approach in light of the legal effect that the presumption of innocence should have in framing a finding of not guilty. The threshold of factual innocence should be presumed to have been met by whatever finding was made to terminate a criminal prosecution in favor of the applicant. In so doing, the thousands of individuals who are egregiously and wrongly damaged with an accusation of criminality each year will have a worthy and principled opportunity to recoup some financial recovery when the state fails in its quest to prove that accusation.

Compensation for Wrongful Convictions in Canada

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Publisher : Eliva Press
ISBN 13 : 9789975347587
Total Pages : 328 pages
Book Rating : 4.3/5 (475 download)

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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.

Police Use of Excessive Force

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Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Police Use of Excessive Force by :

Download or read book Police Use of Excessive Force written by and published by . This book was released on 1999 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Report of the Advisory Commission on Wrongful Convictions, Pursuant to Public Act 08-143, an Act Concerning the Compensation of Wrongfully Convicted and Incarcerated Persons, the Duties and Duration of the Sentencing Task Force and the Preparation of Racial and Ethnic Impact Statements

Download Report of the Advisory Commission on Wrongful Convictions, Pursuant to Public Act 08-143, an Act Concerning the Compensation of Wrongfully Convicted and Incarcerated Persons, the Duties and Duration of the Sentencing Task Force and the Preparation of Racial and Ethnic Impact Statements PDF Online Free

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Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis Report of the Advisory Commission on Wrongful Convictions, Pursuant to Public Act 08-143, an Act Concerning the Compensation of Wrongfully Convicted and Incarcerated Persons, the Duties and Duration of the Sentencing Task Force and the Preparation of Racial and Ethnic Impact Statements by : Connecticut. Advisory Commission on Wrongful Convictions

Download or read book Report of the Advisory Commission on Wrongful Convictions, Pursuant to Public Act 08-143, an Act Concerning the Compensation of Wrongfully Convicted and Incarcerated Persons, the Duties and Duration of the Sentencing Task Force and the Preparation of Racial and Ethnic Impact Statements written by Connecticut. Advisory Commission on Wrongful Convictions and published by . This book was released on 2008 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Picking Cotton

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Publisher : St. Martin's Press
ISBN 13 : 9781429962155
Total Pages : 304 pages
Book Rating : 4.9/5 (621 download)

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Book Synopsis Picking Cotton by : Jennifer Thompson-Cannino

Download or read book Picking Cotton written by Jennifer Thompson-Cannino and published by St. Martin's Press. This book was released on 2010-01-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times best selling true story of an unlikely friendship forged between a woman and the man she incorrectly identified as her rapist and sent to prison for 11 years. Jennifer Thompson was raped at knifepoint by a man who broke into her apartment while she slept. She was able to escape, and eventually positively identified Ronald Cotton as her attacker. Ronald insisted that she was mistaken-- but Jennifer's positive identification was the compelling evidence that put him behind bars. After eleven years, Ronald was allowed to take a DNA test that proved his innocence. He was released, after serving more than a decade in prison for a crime he never committed. Two years later, Jennifer and Ronald met face to face-- and forged an unlikely friendship that changed both of their lives. With Picking Cotton, Jennifer and Ronald tell in their own words the harrowing details of their tragedy, and challenge our ideas of memory and judgment while demonstrating the profound nature of human grace and the healing power of forgiveness.

Public Opinion on Compensating Different Types of Wrongful Convictions

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (138 download)

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Book Synopsis Public Opinion on Compensating Different Types of Wrongful Convictions by : Sishi Wu

Download or read book Public Opinion on Compensating Different Types of Wrongful Convictions written by Sishi Wu and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: People who are wrongfully convicted are a unique vulnerable group. However, not all exonerees get compensated for their time in prison. This research explores public opinion on compensating wrongful convictions from erroneously rejected affirmative defenses and from false guilty pleas. Using a randomized survey experiment of 1,000 US adults, this research found that (1) most respondents supported wrongful conviction compensation, regardless of wrongful conviction types and plea status. (2) Wrongful conviction types matter. People supported compensating exonerees in the self-defense case as much as in the wrong person case. The amount of compensation people gave in the mistaken self-defense case was smaller than that in the self-defense case, and larger than that in the insanity case. (3) People equally supported compensating the exonerees whether they falsely pled guilty or not. The findings could inform policymakers of an appropriate wrongful conviction compensation scheme and have implications for the intake policies of innocence organizations. The results also furthered the understanding of the psychological mechanisms underlying the compensation decision-making process.

Wrongful Incarceration Compensation

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Publisher :
ISBN 13 :
Total Pages : 6 pages
Book Rating : 4.:/5 (972 download)

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Book Synopsis Wrongful Incarceration Compensation by : Michelle Kirby

Download or read book Wrongful Incarceration Compensation written by Michelle Kirby and published by . This book was released on 2017 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses wrongful incarceration compensation statutes in Connecticut and other states.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Gideon's Trumpet

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Publisher : Vintage
ISBN 13 : 030780528X
Total Pages : 290 pages
Book Rating : 4.3/5 (78 download)

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Book Synopsis Gideon's Trumpet by : Anthony Lewis

Download or read book Gideon's Trumpet written by Anthony Lewis and published by Vintage. This book was released on 2011-09-14 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic bestseller from a two-time Pulitzer Prize-winning journalist that tells the compelling true story of one man's fight for the right to legal counsel for every defendent. A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.