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Author: Adrian Hoel
Publisher:
ISBN: 9781921185816
Category : Compensation for judicial error
Languages : en
Pages : 6
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Book Description
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.
Author: Adrian Hoel
Publisher:
ISBN: 9781921185816
Category : Compensation for judicial error
Languages : en
Pages : 6
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Book Description
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.
Author: Myles Frederick McLellan
Publisher: Eliva Press
ISBN: 9789975347587
Category :
Languages : en
Pages : 328
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Book Description
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: Lisa Idzikowski
Publisher: Greenhaven Publishing LLC
ISBN: 1534505172
Category : Young Adult Nonfiction
Languages : en
Pages : 130
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Book Description
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.
Author: Edwin Montefiore Borchard
Publisher: Рипол Классик
ISBN: 5874980261
Category : History
Languages : en
Pages : 407
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Book Description
Author: Katherine Beckett
Publisher: SAGE
ISBN: 9780761929949
Category : Law
Languages : en
Pages : 276
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Book Description
Examines the US crime problem and the resulting policies as a political and cultural issue.
Author:
Publisher: McSweeney's
ISBN: 1940450918
Category : History
Languages : en
Pages : 232
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Book Description
On September 30, 2003, Calvin was declared innocent and set free from Angola State Prison, after serving 22 years for a crime he did not commit. Like many other exonerees, Calvin experienced a new world that was not open to him. Hitting the streets without housing, money, or a change of clothes, exonerees across America are released only to fend for themselves. In the tradition of Studs Terkel's oral histories, this book collects the voices and stories of the exonerees for whom life — inside and out — is forever framed by extraordinary injustice
Author: James R. Acker
Publisher:
ISBN: 9781594607530
Category : Clemency
Languages : en
Pages : 0
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Book Description
This volume addresses issues of law, science, and policy related to wrongful convictions in the American system of justice. Coverage includes the incidence, correlates, causes, and consequences of wrongful convictions, as well as recommended reforms. The materials are organized in the form of a casebook, comprising edited judicial decisions and complementary materials from law, psychology, criminal justice, and related disciplines. "Wrongful convictions are tragedies on multiple levels. By understanding how they occur, however, we can learn how to prevent them -- and better identify those that exist. This text is a valuable resource for anyone interested in advancing justice and safety through our systems of criminal justice."-- Stephen Saloom, Policy Director, Innocence Project "The ice has finally been broken. Acker and Redlich's Wrongful Conviction is the first casebook dedicated solely to the subject of wrongful convictions. It has set a high standard of excellence that will be a tough act to follow. Not only will this well-organized and easy-to-read casebook appeal to law professors who teach seminars in such subjects as wrongful convictions, criminal procedure, and psychology and the law, but it should also appeal to undergraduate professors who teach students interested in careers in law and criminal justice."-- Steven A. Drizin, Clinical Professor of Law and Legal Director of the Center on Wrongful Convictions, Northwestern University School of Law "This book sets out an important and accessible track of study. Starting with the question of what is a wrongful conviction, the authors also explain the basic features of the criminal process and evidence law, and introduce contributions from the social sciences to help our understanding of sources of error. That journey will engage all interested in understanding what can cause wrongful convictions and what can improve the quality of criminal justice."-- Brandon L. Garrett, Professor of Law, University of Virginia School of Law "Acker and Redlich provide a current and comprehensive analysis of the legal procedures and standards that produce and resolve wrongful criminal convictions. Their presentation is part handbook for lawyers, part history lesson for scholars, and part quest for policy reforms. Their coverage is engaging and broad: from false confessions and faulty eyewitness identification, to flawed forensic evidence and, ultimately, compensation for those who are exonerated. I urge all defense attorneys to read and use this book; and I beg all prosecutors to do the same. Professors around the country: assign this book to all of your students!" -- Kimberly J. Cook, Professor of Sociology and Criminology, University of North Carolina Wilmington "Acker and Redlich have succeeded admirably in achieving their goals of selecting watershed and little-known, but important cases that define and illustrate the focal issues in each area of wrongful conviction and in discussing the results of relevant social science research and their policy implications. The notes and questions following each section are excellent. The notes provide supplemental material in a condensed fashion and the questions prompt thoughtful dialogue and encourage further study. ... an outstanding scholarly contribution to the field of wrongful conviction." -- Criminal Law Bulletin "An excellent book ... It should also be on the shelf of every scholar interested in wrongful convictions, as it provides a wealth of important materials." -- Criminal Justice Review
Author: Lara Bazelon
Publisher: Beacon Press
ISBN: 0807029173
Category : Social Science
Languages : en
Pages : 250
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Book Description
A powerful argument for adopting a model of restorative justice as part of the Innocence Movement—so exonerees, crime victims, and their communities can come together to heal In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years—sometimes decades—and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth’s. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In the midst of Bazelon’s frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.
Author: Justin Brooks
Publisher: Vandeplas Pub.
ISBN: 9781600422980
Category : Law
Languages : en
Pages : 698
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Book Description
Wrongful Convictions: Cases and Materials is the first legal textbook to explore the complex and fascinating legal and scientific issues involved in wrongful convictions and the exoneration of the innocent. This exciting area of the law is developing at a rapid pace as we learn more about the causes of wrongful conviction with each exoneration. The book is designed to teach about procedure related to the cases, as well as give a broad overview of the causes of wrongful convictions including false eyewitness testimony, false confessions, ineffective assistance of counsel, police and prosecutorial misconduct, and false forensic evidence. In this third edition, there have been significant updates to the cases and statutes from the previous edition, including expanded notes at the end of the chapters, as well as additional chapters on infant deaths, sex crimes against children, and arson.
Author: Jim Petro
Publisher:
ISBN: 9781138782990
Category : Law
Languages : en
Pages : 0
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Book Description
Compelling and engagingly written, this book by the former Attorney General of Ohio and his wife takes the reader inside a number of actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, exposing eight common myths that inspire false confidence in the justice system and undermine reform. Now newly published in paperback with an extensive list of web links to wrongful convictions sources throughout the world, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant's decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in False Justice. Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1890s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe -- and research and logic suggest -- that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty. Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. False Justice explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections. Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of False Justice we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct--both police and prosecutor and in some cases both--in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error." Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. False Justice shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony. Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve. Myth 7: It dishonors the victim to question a conviction. False Justice reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does that honor victims? Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. False Justice recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us -- everyday American citizens -- not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer.
