Miscarriages of Justice in Canada

Miscarriages of Justice in Canada
Author: Kathryn M. Campbell
Publisher: University of Toronto Press
Total Pages: 400
Release: 2018-06-12
Genre: Law
ISBN: 1487514573

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.

Wrongful Conviction

Wrongful Conviction
Author: C. Ronald Huff
Publisher: Temple University Press
Total Pages: 327
Release: 2010-01-15
Genre: Law
ISBN: 159213646X

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.

Wrongful Convictions and Miscarriages of Justice

Wrongful Convictions and Miscarriages of Justice
Author: C. Ronald Huff
Publisher: Routledge
Total Pages: 434
Release: 2013
Genre: Law
ISBN: 0415539935

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.

Wrongful Conviction in Canadian Law

Wrongful Conviction in Canadian Law
Author: Gary Botting
Publisher:
Total Pages: 673
Release: 2010
Genre: Criminal justice, Administration of
ISBN: 9780433451235

"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.

A Miscarriage of Justice

A Miscarriage of Justice
Author: Cassia Roth
Publisher: Stanford University Press
Total Pages: 451
Release: 2020-01-14
Genre: History
ISBN: 1503611337

A Miscarriage of Justice examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities—their ability to conceive and raise future citizens and laborers—became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state—and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today.

Miscarriages of Justice

Miscarriages of Justice
Author: Bibi Sangha
Publisher:
Total Pages:
Release: 2015-09-08
Genre: Criminal investigation
ISBN: 9780409340723

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

Canadian Justice, Indigenous Injustice

Canadian Justice, Indigenous Injustice
Author: Kent Roach
Publisher: McGill-Queen's Press - MQUP
Total Pages: 329
Release: 2019-01-21
Genre: Social Science
ISBN: 0773556451

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Convicting the Innocent

Convicting the Innocent
Author: Brandon L. Garrett
Publisher: Harvard University Press
Total Pages: 376
Release: 2011-08-04
Genre: Art
ISBN: 0674060989

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.

Manufacturing Guilt (2nd edition)

Manufacturing Guilt (2nd edition)
Author: Barrie Anderson
Publisher: Fernwood Publishing
Total Pages: 176
Release: 2021-01-11T00:00:00Z
Genre: Social Science
ISBN: 1773634666

Manufacturing Guilt, 2nd edition, updates the cases presented in the first edition and includes two new chapters: one concerning the case of James Driskell and another regarding Dr. Charles Smith, whose role in forensic pathology evidence led to several wrongful convictions. In this new edition, the authors demonstrate that the same factors at play in the criminalization of the powerless and marginalized are found in cases of wrongful conviction. Contrary to popular belief, wrongful convictions are not due simply to “unintended errors,” but rather are too often the result of the deliberate actions of those working in the criminal justice system. Using Canadian cases of miscarriages of justice, the authors argue that understanding wrongful convictions and how to prevent them is incomplete outside the broader societal context in which they occur, particularly regarding racial and social inequality.