Compensation For Wrongful Convictions
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Compensation For Wrongful Conviction
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Author : Adrian Hoel
language : en
Publisher:
Release Date : 2008
Compensation For Wrongful Conviction written by Adrian Hoel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Compensation for judicial error categories.
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 Convictions In Canada
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Author : Myles Frederick McLellan
language : en
Publisher: Eliva Press
Release Date : 2021-01-29
Compensation For Wrongful Convictions In Canada written by Myles Frederick McLellan and has been published by Eliva Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-29 with categories.
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.
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.
The Politics Of Injustice
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Author : Katherine Beckett
language : en
Publisher: SAGE
Release Date : 2004
The Politics Of Injustice written by Katherine Beckett and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The U.S. crime rate has dropped steadily for more than a decade, yet the rate of incarceration continues to skyrocket. Today, more than 2 million Americans are locked in prisons and jails with devastating consequences for poor families and communities, overcrowded institutions and overburdened taxpayers. How did the U.S. become the world′s leader in incarceration? Why have the numbers of women, juveniles, and people of color increased especially rapidly among the imprisoned? The Politics of Injustice: Crime and Punishment in America, Second Edition is the first book to make widely accessible the new research on crime as a political and cultural issue. Katherine Beckett and Theodore Sasson provide readers with a robust analysis of the roles of crime, politics, media imagery and citizen activism in the making of criminal justice policy in the age of mass incarceration.Features of this text: Critical Approach. Debunks myths about crime in the U.S., challenges many current anticrime policies that became harsher in the 1990s, and illuminates the political implications of crime and punishment. Contemporary. Updated throughout with particular attention to Chapter 5, "Crime in the Media," including research and analyses of crime in the news, crime as entertainment, and the interplay of news media, entertainment, and crime. Comprehensive Research. Draws on a wide range of scholarship, including research on crime′s representation in political discourse and the mass media, public opinion, crime-related activism, and public policy. Consistent and Accessible. A great source to communicate new research to both non-specialists and specialists in accessible language with riveting, real-life examples. Intended as a supplement for use in any criminal justice or criminology course, especially in the punishment, corrections and policy areas, The Politics of Injustice, Second Edition will appeal to those who take a critical approach to crime issues.
Miscarriages Of Justice In Canada
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Author : Kathryn M. Campbell
language : en
Publisher: University of Toronto Press
Release Date : 2018-06-12
Miscarriages Of Justice In Canada written by Kathryn M. Campbell 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 2018-06-12 with Law categories.
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.
Surviving Justice
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Author :
language : en
Publisher: McSweeney's
Release Date : 2015-10-01
Surviving Justice written by and has been published by McSweeney's this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-01 with History categories.
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
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 : James R. Acker
language : en
Publisher: Carolina Academic Press LLC
Release Date : 2019
Wrongful Conviction written by James R. Acker and has been published by Carolina Academic Press LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Clemency categories.
The newly updated, revised second edition of Wrongful Conviction addresses and incorporates numerous highly significant developments involving data, law, social science research, and the forensic sciences that relate to wrongful convictions in the American system of justice and that have occurred since the first edition was published in 2011. Coverage includes the incidence, correlates, causes, and consequences of wrongful convictions, as well as recommended reforms. New materials include reference to data made available in the National Registry of Exonerations, coverage of recent federal and state court decisions (including, for example, the cases featured in the Netflix series Making a Murderer), and tracking legislative and other policy innovations nationwide. The volume is organized in the form of a casebook, relying on edited judicial decisions and complementary materials from law, psychology, criminal justice, and the forensic sciences. It is appropriate for use in law schools, graduate and upper-division undergraduate criminal justice classes, and in related disciplines concerned with the administration of justice and wrongful convictions.
The Justice Gap
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Author : Steve Hynes
language : en
Publisher: Legal Action Comics
Release Date : 2009-01-01
The Justice Gap written by Steve Hynes and has been published by Legal Action Comics this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Legal aid categories.
The authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims.
The Wrongful Convictions Reader
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Author : Russell D. Covey
language : en
Publisher:
Release Date : 2018-10
The Wrongful Convictions Reader written by Russell D. Covey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10 with Criminal investigation categories.
Fueled by more than 2,000 exonerations of wrongfully convicted men and women, the "innocence revolution" is shaking the criminal justice system to its core. By gathering the leading research, law, and policy analysis into one volume, The Wrongful Convictions Reader explores the core contributing factors to wrongful convictions: false confessions, witness misidentifications, cognitive bias, junk science, police and prosecutorial misconduct, and ineffective assistance of counsel.