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Former bank manager Ronald Dalton never got to watch his three young children grow up. In 1989 he was convicted for a crime that never happened. His wife, Brenda, was later ruled to have choked to death on breakfast cereal not strangled as a pathologist had initially claimed. Dalton’s daughter, Alison, was in kindergarten when he was charged with second-degree murder in 1988. He attended her high school graduation on June 26, 2000, two days after his conviction was finally overturned. Behind the proud facade of Canada’s criminal justice system lie the shattered lives of the people unjustly caught within its web. Justice Miscarried tells the heartwrenching stories of twelve innocent Canadians, including David Milgaard, Donald Marshall, Guy Paul Morin, Clayton Johnson, William Mullins-Johnson, and Thomas Sophonow, who were wrongly convicted and the errors in the nations justice system that changed their lives forever.
Looks at judicial error and wrongful conviction in Canada, including the cases of David Milgaard, Donald Marshall, Guy Paul Morin, and Clayton Johnson.
Former bank manager Ronald Dalton never got to watch his three young children grow up. In 1989 he was convicted for a crime that never happened. His wife, Brenda, was later ruled to have choked to death on breakfast cereal not strangled as a pathologist had initially claimed. Dalton’s daughter, Alison, was in kindergarten when he was charged with second-degree murder in 1988. He attended her high school graduation on June 26, 2000, two days after his conviction was finally overturned. Behind the proud facade of Canada’s criminal justice system lie the shattered lives of the people unjustly caught within its web. Justice Miscarried tells the heartwrenching stories of twelve innocent Canadians, including David Milgaard, Donald Marshall, Guy Paul Morin, Clayton Johnson, William Mullins-Johnson, and Thomas Sophonow, who were wrongly convicted and the errors in the nations justice system that changed their lives forever.
Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.
Miscarriages of Justice by Clive Walker,Keir Starmer Pdf
The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.
An incisive examination by the bestselling author of The Mammoth Book of Gangs of some of the many miscarriages of justice of this and the previous century, which have seen innocent men and women found guilty, and sometimes executed. This shocking 'manual of injustice' exposes wrongful convictions and acquittals as a result of the chicanery of some forensic scientists, over-zealous or negligent police officers under pressure to get results, incompetent lawyers, lying witnesses, bribed juries, judicial blunders and feeble politicians. Sometimes, however, it is truculent and uncooperative defendants who prove their own worst enemies. It shows the mistakes that can be made in the face of a baying public and a rabid press, mistakes which have seen innocent men and women found guilty, and sometimes executed, while others have served lengthy sentences. It reveals critical flaws in criminal justice systems throughout the world (it is estimated, for example, that two per cent of felony cases in America result in wrongful convictions). Morton explores folk devils and moral panics, both historical such as the 'witches' of Salem and and much more recent cases like that of the West Memphis Three. It considers cases of race hatred, the impact of DNA, fit-ups, fake 'experts', doubtful science and the long road to the court of appeal. He also looks at what happens to the victims of miscarriages of justice, whether they go on to prosper or, as is sadly so often the case, never really recover. How did the boxer Rubin 'The Hurricane' Carter come to be wrongly convicted of a triple homicide? The alibi of Joe Hill, the Industrial Workers of the World activist wrongly executed for the murder of a Utah grocer and his son, came too late to save him from execution. On the other hand, Lindy Chamberlain (famously portrayed by Meryl Streep in A Cry in the Dark), has finally, over thirty years after the fact, had her claim that her baby Azaria was taken by a dingo at Ayers Rock in the Australian Outback upheld by a coroner. Among many other cases, Morton also considers the 1910 case of two men convicted of the murder of a man still alive in 1926, and case of the West Memphis Three, who were convicted as teenagers in 1994 of the murders of three boys in Arkansas and released in 2011 in a plea bargain after eighteen years, though the prosecution still refuses to accept their innocence.
Justice Miscarried by Costas Douzinas,Ronnie Warrington Pdf
This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality.
Miscarriages of Justice by Brent E. Turvey,Craig M Cooley Pdf
Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583
In early-1980s Vancouver, Ivan Henry was an ex-convict still adjusting to civilian life when he was detained on a break-and-enter charge. A short time later he found himself on trial for ten charges of sexual assault—crimes he vehemently denied committing. Henry spent twenty-seven years in prison before a 2010 DNA test proved his innocence and secured his release. To this day, however, he has not been compensated or publicly exonerated. This is a powerful, heartbreaking, frustrating story of justice miscarried and an innocent man who fell through the cracks.
Whenever a miscarriage of justice hits the headlines, it is tempting to dismiss it as an anomaly – a minor hiccup in an otherwise healthy judicial system. Yet the cases of injustice that feature in this book reveal that they are not just minor hiccups, but symptoms of a chronic illness plaguing the British legal system. Massive underfunding, catastrophic failures in policing and shoddy legal representation have all contributed to a deepening crisis – one that the watchdog set up for the very purpose of investigating miscarriages of justice has done precious little to remedy. Indeed, little has changed since the 'bad old days' of the Guildford Four and Birmingham Six. Award winning journalist Jon Robins lifts the lid on Britain's legal scandals and exposes the disturbing complacency that has led to many innocent people being deemed guilty, either in the eyes of the law or in the court of public opinion.
Is Dai Morris a brutal murderer or the victim of a terrible miscarriage of justice? Author and former solicitor John Morris investigates the Clydach murders, which occurred in 1999, for which Dai Morris was convicted in 2006. In a case which shocked the country Mandy Power, her bed-ridden mother and her two young daughters were battered to death. The crime sparked a huge investigation yet the police made little progress. This widely researched book contends that Morris, convicted for the murders in 2006, is a scapegoat, an innocent man against whom justice was miscarried. No forensic evidence or DNA connected him to the crime; he was convicted because he lacked of a solid alibi, because his gold chain was found in Power's house and because, as a man with a criminal record, he initially lied to the police. Morris's case is to be heard in the Court of Appeal, probably in 2018, in the light of new evidence, including DNA testing and falsification of police documents. South Wales Police was notorious in the period 1980 to 2010 for false convictions on fabricated evidence. Significantly, previous suspects for the Clydach murders include former police officers, one of whom was having a lesbian affair with Mandy Power. There is every possibility that Dai Morris has suffered a miscarriage of justice. The author studied the police files and court papers, and discussed the case with key witnesses and experts. He is convinced that Morris is the victim of a conspiracy to falsely convict. The brutal murder of an entire family is a horrible thing but to compound it with an unsafe conviction shows a disrespect to the victims, to their relatives, to the family of Dai Morris and to the law. This new edition includes a short Postcript of new evidence generated by the original book, which casts even further doubt on the safety of the conviction of Dai Morris.
In this national bestseller, a work of vigorous reporting, deep compassion and unerring integrity, award-winning journalist and documentarian John Chipman investigates the lives left ruined in the wake of Dr. Charles Smith's ignominious career. In the mid-'90s, the Ontario Coroner's office decided that death investigation teams needed to "think dirty." They wanted coroners, pathologists and police to be more suspicious--to "assume that all deaths are homicides until satisfied that they are not." They were particularly concerned about pediatric deaths, which historically had been exceedingly difficult to investigate. There were usually no witnesses; no evidence to gather at the scene; no outward signs of trauma on the body. If the pathologist did not discover the truth of what had happened, child abuse could go uncovered. Among those charged to "think dirty" was Dr. Charles Smith, Ontario's top pediatric forensic pathologist at the time. But with virtually no training in forensics, Dr. Smith was ill prepared for his work. Instead of basing his judgments on forensic evidence found during autopsies, he allowed himself to be swayed by circumstantial evidence. The defendants were often single mothers--some on welfare, some struggling with substance abuse. And they made for easy targets. Dr. Smith made dangerous assumptions, and the results were catastrophic. Numerous individuals were pronounced guilty, and incarcerated, on his shaky evidence. This penetrating investigative work explores the wide ripples of destruction caused when the justice system fails, the burden felt by ethical individuals working within that system and the importance of its victims finally being heard.