Compensation For Wrongful Convictions
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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.
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 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 Imprisonment
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Author : Justice (Society)
language : en
Publisher:
Release Date : 1982
Compensation For Wrongful Imprisonment written by Justice (Society) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Compensation (Law) categories.
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.
Compensation For Wrongful Conviction Or Prosecution
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Author :
language : en
Publisher: Law Commission
Release Date : 1998-01-01
Compensation For Wrongful Conviction Or Prosecution written by and has been published by Law Commission this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Compensation for judicial error categories.
Murder Wrongful Conviction And The Law
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Author : Jon Robins
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-31
Murder Wrongful Conviction And The Law written by Jon Robins and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-31 with Law categories.
This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes, including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of highprofile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in comparative law, criminology and psychology.
Wrongful Convictions And Miscarriages Of Justice
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Author : C. Ronald Huff
language : en
Publisher: Routledge
Release Date : 2013-03-05
Wrongful Convictions And Miscarriages Of Justice written by C. Ronald Huff and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-05 with Social Science categories.
This innovative work builds on Huff and Killias’ earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways: (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction: voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.
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.
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.