Compensation For Wrongful Conviction
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Compensation For Wrongful Convictions
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Author : Wojciech Jasiński
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-14
Compensation For Wrongful Convictions written by Wojciech Jasiński and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-14 with Law categories.
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.
Wrongful Conviction
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Author : C. Ronald Huff
language : en
Publisher: Temple University Press
Release Date : 2010-01-15
Wrongful Conviction written by C. Ronald Huff and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-15 with Law categories.
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 Conviction And Exoneration
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Author : Lisa Idzikowski
language : en
Publisher: Greenhaven Publishing LLC
Release Date : 2019-07-15
Wrongful Conviction And Exoneration written by Lisa Idzikowski and has been published by Greenhaven Publishing LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-15 with Young Adult Nonfiction categories.
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.
Wrongful Conviction
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Author : John A. Humphrey
language : en
Publisher: Charles C Thomas Publisher
Release Date : 2018-01-04
Wrongful Conviction written by John A. Humphrey and has been published by Charles C Thomas Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-04 with Law categories.
The magnitude of wrongful conviction is increasing across the country and around the world, with individuals arrested, convicted, and incarcerated for extended periods of time. This book provides an understanding of legal remedies, organizational reforms, and policy changes that have been proposed and implemented. In various jurisdictions, these procedures reduce the likelihood of a wrongful conviction. Legal and organizational reforms and changes in criminal justice policy are considered at three key junctures of the process: (1) the investigation, evidence gathering, and forensic analysis, (2) prosecutorial decision-making, and (3) the judicial review and exoneration of a wrongfully convicted defendant. Each chapter opens with a wrongful case vignette that illustrates the reform strategies being considered. The investigatory process is studied on each case, and the police process is analyzed in detail. Part 1 includes the introductory chapter that provides an overview of wrongful convictions, and the investigatory process routinely employed to gather evidence and identify a suspect. The analysis of forensic evidence is explored, including the chain of custody, contamination of the evidence, misinterpretation, and the falsification of forensic reports. Part 2 focuses on the prosecutors, defense attorneys, judges and juries. Plea bargaining strategies, coaching witnesses, violations of the rules of discovery, use of jailhouse snitches, inadequate defense counseling, lack of preparation and adequate resources are examined. Part 3 analyzes the processes involved in the reversal of wrongful convictions, the judicial review, and obstacles encountered in the exoneration process. In addition, the authors provide a thorough analytical overview of the criminal justice processes involved in wrongful conviction and the reforms that are needed to prevent and reverse injustices. This book is an invaluable resource for prosecutors, defense attorneys, judges, advocates for the wrongfully convicted, criminal justice policymakers, law and society, and will contribute to academic courses in the fields of criminology and justice.
Wrongful Convictions In China
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Author : Na Jiang
language : en
Publisher: Springer
Release Date : 2016-08-08
Wrongful Convictions In China written by Na Jiang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-08 with Law categories.
The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Damages For Violations Of Human Rights
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Author : Ewa Bagińska
language : en
Publisher: Springer
Release Date : 2015-10-20
Damages For Violations Of Human Rights written by Ewa Bagińska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Law categories.
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Honouring Social Justice
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Author : Margaret E. Beare
language : en
Publisher: University of Toronto Press
Release Date : 2008-01-01
Honouring Social Justice written by Margaret E. Beare and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
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.
The Victimology Of A Wrongful Conviction
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Author : Nicky Ali Jackson
language : en
Publisher: Taylor & Francis
Release Date : 2022-07-07
The Victimology Of A Wrongful Conviction written by Nicky Ali Jackson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-07 with Law categories.
This book exposes the myriad of victims of wrongful conviction by going beyond the innocent person who has been wrongfully incarcerated to include the numerous indirect victims who suffer collaterally. In no way overlooking the egregious effects on the wrongfully convicted, this book widens the net to also examine consequences for family, friends, co-workers, witnesses, the initial victims of the crime, and society in general—all indirect victims who are often forgotten in treatments of wrongful conviction. Utilizing interviews of exonerees and indirect victims, the authors capture the tangible and intangible costs of victimization across the board. The prison experience is examined through the lens of an innocent person, and the psychological impact of incarceration for the exoneree is explored. Special attention is given to the often-ignored experience of female exonerees and to the impact of race as a compounding factor in a vast number of miscarriages of justice. The book concludes with an overview of the victimization experiences that follow exonerees upon release. Unique to this book is its interdisciplinary approach to the troubling subject of wrongful conviction, combining perspectives from a number of fields, including criminal justice, criminology, victimology, psychology, sociology, social justice, history, political science, and law. Undergraduate and graduate students in these disciplines will find this book helpful in their respective areas of study, and professionals in the legal system will benefit from appreciation of the far-reaching costs of wrongful convictions.
Wrongfully Convicted Updated And Expanded Edition
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Author : Kent Roach
language : en
Publisher: Simon and Schuster
Release Date : 2025-01-07
Wrongfully Convicted Updated And Expanded Edition written by Kent Roach and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-07 with Law categories.
“Canada’s leading authority” (Kirk Makin, journalist and author) 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 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. This original and eye-opening book makes a compelling case for change that governments have so far lacked the courage to implement. Canadians would benefit from better legislative regulation of police and forensic experts and the creation of a permanent and independent federal commission investigate wrongful convictions and their multiple causes. But do we have the political will? Roach’s research, and the real-life but hard-to-believe cases outlined here, point to systemic failings in our legal system. Many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians.
Wrongful Conviction And Criminal Justice Reform
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Author : Marvin Zalman
language : en
Publisher: Routledge
Release Date : 2013-10-30
Wrongful Conviction And Criminal Justice Reform written by Marvin Zalman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Social Science categories.
Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.