Work Of The Criminal Cases Review Commission Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Work Of The Criminal Cases Review Commission book. This book definitely worth reading, it is an incredibly well-written.
The Criminal Cases Review Commission by Michael Naughton Pdf
This book focuses on the world's first publicly-funded body- the Criminal Cases Review Commission- to review alleged miscarriages of justice, set up following notorious cases such as the Birmingham Six in the UK. Providing a critique of its operations, the book shows that its help to innocent victims of wrongful conviction is merely incidental.
This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Canada at 150 by Heather MacIvor,Arthur Milnes Pdf
"The book is a collection of essays and contributions from prominent Canadians on the 150th anniversary of Confederation, and the 35th anniversary of the Charter of Rights and Freedoms. Contributors include former prime ministers, politicians, judges, lawyers and wrongfully convicted. The perspectives are broad, thoughtful and inspiring."--
Compensation for Wrongful Convictions in Canada by Myles Frederick McLellan Pdf
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.
HC 850 - Criminal Cases Review Commission by Great Britain. Parliament. House of Commons. Justice Committee Pdf
The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.
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.
Criminal Law Reform Now, Volume 2 by Melissa Bone,J J Child,Jonathan Rogers Pdf
If you could change one part of the criminal law, what would it be? Following the success of the 1st volume, the same question is put to a new selection of leading academics and practitioners. The first eight chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence including corporate liability, consent to bodily harms, prostitution, domestic abuse, economic crimes, defendant anonymity, appeal court structures and the procedures of the Criminal Cases Review Commission. Each chapter is followed by a comment from a different author, providing an additional expert view on each proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, from the challenges of decriminalisation to exploring the systemic dynamics of centralisation, austerity and politicisation. The collection highlights and explores the current reform debates that matter most to legal experts, with each chapter making a positive case for change.
The Psychology of False Confessions by Gisli H. Gudjonsson Pdf
Provides a comprehensive and up-to-date review of the development of the science behind the psychology of false confessions Four decades ago, little was known or understood about false confessions and the reasons behind them. So much has changed since then due in part to the diligent work done by Gisli H. Gudjonsson. This eye-opening book by the Icelandic/British clinical forensic psychologist, who in the mid 1970s had worked as detective in Reykjavik, offers a complete and current analysis of how the study of the psychology of false confessions came about, including the relevant theories and empirical/experimental evidence base. It also provides a reflective review of the gradual development of the science and how it can be applied to real life cases. Based on Gudjonsson’s personal account of the biggest murder investigations in Iceland’s history, as well as other landmark cases, The Psychology of False Confessions: Forty Years of Science and Practice takes readers inside the minds of those who sit on both sides of the interrogation table to examine why confessions to crimes occur even when the confessor is innocent. Presented in three parts, the book covers how the science of studying false confessions emerged and grew to become a regular field of practice. It then goes deep into the investigation of the mid-1970s assumed murders of two men in Iceland and the people held responsible for them. It finishes with an in-depth psychological analysis of the confessions of the six people convicted. Written by an expert extensively involved in the development of the science and its application to real life cases Covers the most sensational murder cases in Iceland’s history Deep analysis of the ‘Reykjavik Confessions’ adds crucial evidence to understanding how and why coerced-internalized false confessions occur, and their detrimental and lasting effects on memory The Psychology of False Confessions: Forty Years of Science and Practice is an important source book for students, academics, criminologists, and clinical, forensic, and social psychologists and psychiatrists.
Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases by Geert-Jan Knoops Pdf
Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.
Essays in Criminal Law in Honour of Sir Gerald Gordon by James Chalmers Pdf
This collection of essays honours the work of Sir Gerald Gordon CBE QC LLD (1929-). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes essays on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outside of Scotland, including contributions from England, Ireland and the USA.
