Edwin M Borchard Convicting The Innocent And State Indemnity For Errors Of Criminal Justice

Author : Edwin Montefiore Borchard
Publisher : Unknown
Page : 358 pages
File Size : 42,8 Mb
Release : 2013-08-10
Category : Electronic
ISBN : 0985503319

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Edwin M. Borchard ? Convicting the Innocent and State Indemnity for Errors of Criminal Justice by Edwin Montefiore Borchard Pdf

Edwin M. Borchard was a pioneer in both identifying the features of the United States' legal system that contribute to the conviction of innocent persons, and advocating for their compensation when exonerated. This compilation includes Borchard's "Convicting The Innocent: Sixty-Five Actual Errors Of Criminal Justice," which was the first book published in the United States that identified key factors contributing to the conviction of innocent persons. Borchard suggested reforms to try and minimize the effect of those factors and the occurrence of a wrongful conviction. Due to the legal system's inertia and resistance to meaningful change, Borchard's analysis of the causes of wrongful convictions, and his suggested reforms, are as relevant today as when "Convicting The Innocent" was published in 1932. This compilation also includes "European Systems Of State Indemnity For Errors Of Criminal Justice," which was the first article published in the U.S. that detailed how deficient indemnification of an exonerated person is in the U.S. compared with European countries. Borchard advocated enactment of legislation that would provide adequate compensation for exonerated persons in the U.S. Borchard's premise is as relevant today as when his article was published in 1913 because the U.S. continues to lag not only European countries, but countries throughout the world in adequately indemnifying exonerated persons. Borchard's article also provides an invaluable resource for understanding the history of indemnifying a wrongful conviction in this country and Europe. Also included in this compilation is Justice Denied magazine's biographical article about Borchard when it named him as an inaugural member of its Wrongful Conviction Hall Of Honor in 2007. This compilation provides today's audience with Edwin Borchard's primary works concerning wrongful convictions. Borchard's writings continue to provide valuable insights into the causes of wrongful convictions and reforms that may help minimize their occurrence, and that the generally inadequate indemnification of exonerated persons in the U.S. has been of concern for more than 100 years.

Author : Edwin Borchard,E. Russell Lutz
Publisher : Unknown
Page : 466 pages
File Size : 43,9 Mb
Release : 1932
Category : Compensation for judicial error
ISBN : UOM:39015047134021

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Convicting the Innocent by Edwin Borchard,E. Russell Lutz Pdf

Collection of sixty-five cases of erroneous criminal convictions of innocent people, the causes of error being due in the main to mistaken identification, circumstantial evidence, or perjury, or some combination of these. Includes an analysis of the statutes, of European countries providing indemnity for wrongfully convicted and arrested persons, to be used a a basis for American legislation. cf. Pref.

Author : Edwin M. Borchard
Publisher : CreateSpace
Page : 406 pages
File Size : 45,8 Mb
Release : 2010-05-14
Category : Law
ISBN : 1452862427

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Convicting the Innocent by Edwin M. Borchard Pdf

My major interests lie in an aspect of the law somewhat remote from criminal law, I have nevertheless long urged that the State or community assume the risks of official wrongdoing and error instead of permitting the losses resulting from such fault or mistake to be borne by the injured individual alone. Among the most shocking of such injuries and most glaring of injustices are erroneous criminal convictions of innocent people. The State must necessarily prosecute persons legitimately suspected of crime; but when it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity, for the loss and damage suffered. European countries have long recognized that such indemnity is a public obligation. Federal and state governments in the United States ought to adopt the same policy, instead of merely releasing the innocent prisoner from custody by pardoning him for a crime he never committed and without any admission of error or public vindication of his character. A district attorney in Worcester County, Massachusetts, a few years ago is reported to have said : "Innocent men are never convicted. Don't worry about it, it never happens in the world. It is a physical impossibility." The present collection of sixty-five cases, which have been selected from a much larger number, is a refutation of this supposition. Inasmuch as the conditions described are of interest primarily to the American public, American cases, mainly from the twentieth century, have, for the most part, 1 been chosen for publication. Fifty cases, by reason of their importance or some striking characteristic, have been used as principal cases; the other fifteen, more concisely reported, follow thereafter. Together, they present an interesting cross section of American life.

Author : Edwin M. Borchard
Publisher : Da Capo Press
Page : 421 pages
File Size : 49,9 Mb
Release : 1970-03-21
Category : Law
ISBN : 0306718863

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Convicting The Innocent by Edwin M. Borchard Pdf

My major interests lie in an aspect of the law somewhat remote from criminal law, I have nevertheless long urged that the State or community assume the risks of official wrongdoing and error instead of permitting the losses resulting from such fault or mistake to be borne by the injured individual alone. Among the most shocking of such injuries and most glaring of injustices are erroneous criminal convictions of innocent people. The State must necessarily prosecute persons legitimately suspected of crime; but when it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity, for the loss and damage suffered. European countries have long recognized that such indemnity is a public obligation. Federal and state governments in the United States ought to adopt the same policy, instead of merely releasing the innocent prisoner from custody by pardoning him for a crime he never committed and without any admission of error or public vindication of his character. A district attorney in Worcester County, Massachusetts, a few years ago is reported to have said: "Innocent men are never convicted. Don't worry about it, it never happens in the world. It is a physical impossibility." The present collection of sixty-five cases, which have been selected from a much larger number, is a refutation of this supposition. Inasmuch as the conditions described are of interest primarily to the American public, American cases, mainly from the twentieth century, have, for the most part, 1 been chosen for publication. Fifty cases, by reason of their importance or some striking characteristic, have been used as principal cases; the other fifteen, more concisely reported, follow thereafter. Together, they present an interesting cross section of American life.

Author : John Henry Wigmore,Edwin Montefiore Borchard,Daniel Cady Eaton
Publisher : Palala Press
Page : 40 pages
File Size : 45,6 Mb
Release : 2016-04-30
Category : Electronic
ISBN : 1354982584

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State Indemnity for Errors of Criminal Justice by John Henry Wigmore,Edwin Montefiore Borchard,Daniel Cady Eaton Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Edwin Montefiore Borchard
Publisher : Unknown
Page : 414 pages
File Size : 52,7 Mb
Release : 2015-08-08
Category : History
ISBN : 1296494446

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Convicting the Innocent; Sixty-Five Actual Errors of Criminal Justice by Edwin Montefiore Borchard Pdf

Author : Edwin Borchard,E. Russell Lutz
Publisher : Unknown
Page : 383 pages
File Size : 47,8 Mb
Release : 1932
Category : Compensation for judicial error
ISBN : OCLC:1042511494

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Convicting the Innocent by Edwin Borchard,E. Russell Lutz Pdf

Author : Edwin Montefiore Borchard
Publisher : Hardpress Publishing
Page : 418 pages
File Size : 48,8 Mb
Release : 2012-01
Category : Compensation for judicial error
ISBN : 1407711245

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Convicting the Innocent; Sixty-Five Actual Errors of Criminal Justice by Edwin Montefiore Borchard Pdf

Collection of sixty-five cases of erroneous criminal convictions of innocent people, the causes of error being due in the main to mistaken identification, circumstantial evidence, or perjury, or some combination of these. Includes an analysis of the statutes of European countries providing indemnity for wrongfully convicted and arrested persons to be used as a basis for American legislation.

Author : Wayne Petherick,Brent E. Turvey,Claire E. Ferguson
Publisher : Academic Press
Page : 625 pages
File Size : 42,6 Mb
Release : 2009-07-30
Category : Social Science
ISBN : 9780123785732

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Forensic Criminology by Wayne Petherick,Brent E. Turvey,Claire E. Ferguson Pdf

Forensic Criminology gives students of criminology and criminal justice an introduction to the forensic realm and the applied forensic issues they will face when working cases within the justice system. It effectively bridges the theoretical world of social criminology with the applied world of the criminal justice system. While most of the competing textbooks on criminology adequately address the application and the social theory to the criminal justice system, the vast majority do not include casework or real-world issues that criminologists face. This book focuses on navigating casework in forensic contexts by case-working criminologists, rather than broad social theory. It also allows criminology/criminal justice instructors outside of the forensic sciences the ability to develop and instruct a core course that might otherwise be considered beyond their expertise, or in conflict with forensic courses taught in chemistry, biology, or medical programs at their institutions because of its focus on criminology and criminal justice careers. With its practical approach, this textbook is well-suited for forensic criminology subjects being taught and developed in law, criminology, and criminal justice programs around the world. Approaches the study of criminology from an applied standpoint, moving away from the purely theoretical Contains relevant and contemporary case examples to demonstrate the application of forensic criminology Provides an integrated philosophy with respect to criminology, forensic casework, criminal investigations, and the law Useful for students and professionals in the area of criminology, criminal justice, criminal investigation, forensic science, and the law

Author : C. Ronald Huff,Martin Killias
Publisher : Routledge
Page : 434 pages
File Size : 41,7 Mb
Release : 2013
Category : Law
ISBN : 9780415539937

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Wrongful Convictions and Miscarriages of Justice by C. Ronald Huff,Martin Killias Pdf

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.

Author : Wojciech Jasiński,Karolina Kremens
Publisher : Taylor & Francis
Page : 222 pages
File Size : 40,8 Mb
Release : 2023-03-14
Category : Law
ISBN : 9781000859317

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Compensation for Wrongful Convictions by Wojciech Jasiński,Karolina Kremens Pdf

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.

Author : Edwin Montefiore Borchard
Publisher : Legare Street Press
Page : 0 pages
File Size : 43,8 Mb
Release : 2022-10-26
Category : History
ISBN : 1015508987

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Convicting the Innocent; Sixty-five Actual Errors of Criminal Justice by Edwin Montefiore Borchard Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Robert J. Norris,William D. Hicks,Kevin J. Mullinix
Publisher : NYU Press
Page : 166 pages
File Size : 48,9 Mb
Release : 2023-09-19
Category : Social Science
ISBN : 9781479815982

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The Politics of Innocence by Robert J. Norris,William D. Hicks,Kevin J. Mullinix Pdf

The political dynamics that shape the Innocence Movement Since 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands. The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.

Author : Matthew Syed
Publisher : John Murray
Page : 352 pages
File Size : 55,5 Mb
Release : 2015-09-10
Category : Psychology
ISBN : 9781473613799

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Black Box Thinking by Matthew Syed Pdf

The Sunday Times No.1 Bestseller From the Bestselling Author of Bounce What links the Mercedes Formula One team with Google? What links Team Sky and the aviation industry? What connects James Dyson and David Beckham? They are all Black Box Thinkers. Black Box Thinking is a new approach to high performance, a means of finding an edge in a complex and fast-changing world. It is not just about sport, but has powerful implications for business and politics, as well as for parents and students. In other words, all of us. Drawing on a dizzying array of case studies and real-world examples, together with cutting-edge research on marginal gains, creativity and grit, Matthew Syed tells the inside story of how success really happens - and how we cannot grow unless we are prepared to learn from our mistakes.

Author : George S. Larke-Walsh
Publisher : Taylor & Francis
Page : 148 pages
File Size : 44,9 Mb
Release : 2023-06-01
Category : Performing Arts
ISBN : 9781000891720

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True Crime in American Media by George S. Larke-Walsh Pdf

This book explores contemporary American true crime narratives across various media formats. It dissects the popularity of true crime and the effects, both positive and negative, this popularity has on perceptions of crime and the justice system in contemporary America. As a collection of new scholarship on the development, scope, and character of true crime in twenty-first century American media, analyses stretch across film, streaming/broadcast TV, podcasts, and novels to explore the variety of ways true crime pervades modern culture. The reader is guided through a series of interconnected topics, starting with an examination of the contemporary success of true crime, the platforms involved, the narrative structures and engagement with audiences, moving on to debates on representation and the ethics involved in portraying both victims and perpetrators of crime within the genre. This collection provides new critical work on American true crime media for all interested readers, and especially scholars and students in the humanities and social sciences. It offers a significant area of research in social sciences, criminology, media, and English Literature academic disciplines.