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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: 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: Jim Petro
Publisher: Routledge
ISBN: 1317667727
Category : Social Science
Languages : en
Pages : 321
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Book Description
Compelling and engagingly written, this book by former Attorney General of Ohio Jim Petro and his wife, writer Nancy Petro, takes the reader inside actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, and exposes eight common myths that inspire false confidence in the justice system and undermine reform. Now published in paperback with an extensive list of web links to wrongful conviction sources internationally, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent person. Myth 3: Only the guilty confess. Myth 4: Wrongful conviction is the result of innocent human error. Myth 5: An eyewitness is the best testimony. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors the victim to question a conviction. Myth 8: If the justice system has problems, the pros will fix them.
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: C. Ronald Huff
Publisher: Routledge
ISBN: 0415539935
Category : Law
Languages : en
Pages : 434
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Book Description
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: Jennifer Thompson-Cannino
Publisher: St. Martin's Press
ISBN: 1429962151
Category : Biography & Autobiography
Languages : en
Pages : 305
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Book Description
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.
Author: Brandon L. Garrett
Publisher: Harvard University Press
ISBN: 0674060989
Category : Art
Languages : en
Pages : 376
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Book Description
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: Calvin C. Johnson, Jr.
Publisher: University of Georgia Press
ISBN: 9780820327846
Category : Biography & Autobiography
Languages : en
Pages : 328
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Book Description
"The only firsthand account of a wrongful conviction overturned by DNA evidence"--Cover.
