Compensation For Wrongful Convictions In Canada
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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.
Justice Miscarried
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Author : Hélèna Katz
language : en
Publisher: Dundurn
Release Date : 2011-06-14
Justice Miscarried written by Hélèna Katz and has been published by Dundurn this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-14 with Law categories.
Looks at judicial error and wrongful conviction in Canada, including the cases of David Milgaard, Donald Marshall, Guy Paul Morin, and Clayton Johnson.
Wrongfully Convicted
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Author : Kent Roach
language : en
Publisher: Simon and Schuster
Release Date : 2023-04-18
Wrongfully Convicted 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 2023-04-18 with Law categories.
A top legal scholar 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’s legal system 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. Wrongfully Convicted raises awareness about wrongful convictions at a time when DNA exonerations are less frequent and the memories of most famous wrongful convictions are fading. Roach makes a compelling case for change that governments have so far lacked the courage to make. They include better legislative regulation of police and forensic experts and the creation of a permanent and independent federal commission both to investigate wrongful convictions and their multiple causes. Roach’s research and vast knowledge point to systemic failings in our legal system. But he also outlines vital changes that can better prevent and correct wrongful convictions. Until we do, many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians.
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.
Wrongful Conviction In Canadian Law
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Author : Gary Botting
language : en
Publisher:
Release Date : 2010
Wrongful Conviction In Canadian Law written by Gary Botting and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Criminal justice, Administration of categories.
"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.
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.
Manufacturing Guilt 2nd Edition
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Author : Barrie Anderson
language : en
Publisher: Fernwood Publishing
Release Date : 2021-01-11T00:00:00Z
Manufacturing Guilt 2nd Edition written by Barrie Anderson and has been published by Fernwood Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-11T00:00:00Z with Social Science categories.
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.
Wrongful Convictions And Miscarriages Of Justice
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Author : C. Ronald Huff
language : en
Publisher: Routledge
Release Date : 2013
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 with Law categories.
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.
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.
Wrongful Convictions In The Criminal Justice System
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Author : Philip Rosen
language : en
Publisher:
Release Date : 1992
Wrongful Convictions In The Criminal Justice System written by Philip Rosen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Criminal justice, Administration of categories.