Wrongful Conviction In Canadian Law

Author : Gary Botting
Publisher : Unknown
Page : 673 pages
File Size : 52,6 Mb
Release : 2010
Category : Criminal justice, Administration of
ISBN : 0433451238

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Wrongful Conviction in Canadian Law by Gary Botting Pdf

"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.

Author : Myles Frederick McLellan
Publisher : Eliva Press
Page : 328 pages
File Size : 50,5 Mb
Release : 2021-01-29
Category : Electronic
ISBN : 9975347584

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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.

Author : Kent Roach
Publisher : Simon and Schuster
Page : 400 pages
File Size : 41,5 Mb
Release : 2023-04-18
Category : Law
ISBN : 9781668023686

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Wrongfully Convicted by Kent Roach Pdf

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.

Author : Hélèna Katz
Publisher : Dundurn
Page : 235 pages
File Size : 45,8 Mb
Release : 2011-06-14
Category : Law
ISBN : 9781554888740

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Justice Miscarried by Hélèna Katz Pdf

Looks at judicial error and wrongful conviction in Canada, including the cases of David Milgaard, Donald Marshall, Guy Paul Morin, and Clayton Johnson.

Author : Kathryn M. Campbell
Publisher : University of Toronto Press
Page : 442 pages
File Size : 47,6 Mb
Release : 2018-06-12
Category : Law
ISBN : 9781487514570

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Miscarriages of Justice in Canada by Kathryn M. Campbell Pdf

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.

Author : MaDonna Maidment
Publisher : Fernwood Publishing
Page : 129 pages
File Size : 55,9 Mb
Release : 2021-01-10T00:00:00Z
Category : Social Science
ISBN : 9781773634692

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When Justice Is a Game by MaDonna Maidment Pdf

All too often the police do not get the right person. Wrongful convictions are framed as mistakes or failures of the justice system. However, many of the wrongfully convicted are from among the poor and visible minority groups. The law then becomes an ideological mask relieving us of the responsibility of engaging with the real issues that underscore wrongful convictions. MaDonna Maidment illustrates how the desire to get a conviction and paint the police and the courts in a positive light often means that false evidence and court decisions based on prejudice and racism lead to innocent people being convicted. “The official version of the law,” says Maidment, “despite its claims of impartiality, neutrality and objectivity, is a tool of the state and its elite club members designed to maintain the illegitimate domination of society.” Turning back to the very sys-tem that got it wrong in the first place therefore should be a non-starter.

Author : Brandon L. Garrett
Publisher : Harvard University Press
Page : 376 pages
File Size : 47,6 Mb
Release : 2011-08-04
Category : Art
ISBN : 9780674060982

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Convicting the Innocent by Brandon L. Garrett Pdf

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.

Author : Barrie Anderson,Dawn Anderson
Publisher : Fernwood Publishing
Page : 176 pages
File Size : 42,5 Mb
Release : 2021-01-11T00:00:00Z
Category : Social Science
ISBN : 9781773634661

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Manufacturing Guilt (2nd edition) by Barrie Anderson,Dawn Anderson Pdf

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.

Author : Philip Rosen,Canada. Library of Parliament. Research Branch
Publisher : Unknown
Page : 16 pages
File Size : 52,7 Mb
Release : 1992
Category : Criminal justice, Administration of
ISBN : 066014574X

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Wrongful Convictions in the Criminal Justice System by Philip Rosen,Canada. Library of Parliament. Research Branch Pdf

Author : C. Ronald Huff,Martin Killias
Publisher : Routledge
Page : 434 pages
File Size : 40,5 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 : Fred Kaufman,Osgoode Society for Canadian Legal History
Publisher : University of Toronto Press
Page : 377 pages
File Size : 55,7 Mb
Release : 2005-01-01
Category : Law
ISBN : 9780802090515

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Searching for Justice by Fred Kaufman,Osgoode Society for Canadian Legal History Pdf

The Honourable Fred Kaufman has been a distinguished figure in Canadian law for a half century. Born into a middle-class Jewish family in mid-1920s Vienna, Kaufman escaped to England on the eve of the Second World War. In 1940, he was interned as an 'enemy alien' and sent to Canada. Released in 1942, Kaufman stayed in Canada where he went on to university and law school in Montreal. Kaufman was called to the Bar of Quebec in 1955 and practiced criminal law for eighteen years, taking part in many of the famous cases of that period. In 1960, he secured the release of a young Pierre Elliott Trudeau from prison, and in 1973, Trudeau returned the favour by personally informing Kaufman of his appointment to the Quebec Court of Appeal, where he served for eighteen years, including one as Acting Chief Justice of Quebec. Since his retirement in 1991, Kaufman has led numerous commissions and inquiries, most notably the investigation into the wrongful conviction of Guy Paul Morin and the two-year reassessment of the Steven Truscott case. Searching for Justice is Kaufman's remarkable story in his own words. It is the tale of adversity overcome in a crucial period of Canadian legal history.

Author : Kathryn Maria Campbell,Erasmus
Publisher : Unknown
Page : 440 pages
File Size : 44,9 Mb
Release : 2011
Category : LAW
ISBN : 1487514565

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Miscarriages of Justice in Canada by Kathryn Maria Campbell,Erasmus Pdf

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.

Author : L. Jane McMillan
Publisher : UBC Press
Page : 230 pages
File Size : 51,5 Mb
Release : 2018-11-01
Category : Law
ISBN : 9780774837514

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Truth and Conviction by L. Jane McMillan Pdf

The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision – tells the story of how Marshall’s life-long battle against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall died in 2009, but his legacy lives on. Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.

Author : D. Kim Rossmo
Publisher : CRC Press
Page : 402 pages
File Size : 43,8 Mb
Release : 2008-12-15
Category : Law
ISBN : 9781420047523

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Criminal Investigative Failures by D. Kim Rossmo Pdf

Avoid Major Investigative TrapsWhat causes competent and dedicated investigators to make avoidable mistakes, jeopardizing the successful resolution of their cases? Authored by a 21-year police veteran and university research professor, Criminal Investigative Failures comprehensively defines and discusses the causes and problems most common to faile

Author : C. Ronald Huff,Arye Rattner,Edward Sagarin
Publisher : SAGE Publications
Page : 205 pages
File Size : 40,9 Mb
Release : 1996-01-23
Category : Social Science
ISBN : 9781452221175

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Convicted but Innocent by C. Ronald Huff,Arye Rattner,Edward Sagarin Pdf

Addressing the specific issues surrounding wrongful convictions and their implications for society, Convicted but Innocent includes: survey data concerning the possible magnitude of the problem and its causes; fascinating actual case samples; detailed analyses of the major factors associated with wrongful conviction; discussion of public policy implications; and recommendations for reducing the occurrence of such convictions. The authors maintain that while no system of justice can be perfect, a focus on preventable errors can substantially reduce the number of current conviction injustices.