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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.
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.
On September 30, 2003, Calvin was declared innocent and set free from Angola State Prison, after serving 22 years for a crime he did not commit. Like many other exonerees, Calvin experienced a new world that was not open to him. Hitting the streets without housing, money, or a change of clothes, exonerees across America are released only to fend for themselves. In the tradition of Studs Terkel's oral histories, this book collects the voices and stories of the exonerees for whom life — inside and out — is forever framed by extraordinary injustice
Overturning Wrongful Convictions by Elizabeth A. Murray Pdf
Imagine being wrongfully convicted of a crime and spending years behind bars. Since 1989 more than 1,400 Americans who experienced this injustice have been exonerated. Readers will examine real accounts and learn about organizations dedicated to righting these wrongs.
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.
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.
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.
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.
“Just as the Black Lives Matter movement and recent protests have shown the leadership of women of color in organizing against the prison state, this book will show the leadership of women, which is too often ignored, in the innocence movement.” —Aya Gruber, Professor of Law, University of Colorado Law School, author of The Feminist War on Crime Through the lens of her work with the Innocence Movement and her client Leigh Stubbs—a woman denied a fair trial in 2000 largely due to her sexual orientation—innocence litigator, activist, and founder of the West Virginia Innocence Project Valena Beety examines the failures in America’s criminal legal system and the reforms necessary to eliminate wrongful convictions—particularly with regards to women, the queer community, and people of color… When Valena Beety first became a federal prosecutor, her goal was to protect victims, especially women, from cycles of violence. What she discovered was that not only did prosecutions often fail to help victims, they frequently relied on false information, forensic fraud, and police and prosecutor misconduct. Seeking change, Beety began working in the Innocence Movement, helping to free factually innocent people through DNA testing and criminal justice reform. Manifesting Justice focuses on the shocking story of Beety’s client Leigh Stubbs—a young, queer woman in Mississippi, convicted of a horrific crime she did not commit because of her sexual orientation. Beety weaves Stubbs’s harrowing narrative through the broader story of a broken criminal justice system where defendants—including disproportionate numbers of women of color and queer individuals—are convicted due to racism, prejudice, coerced confessions, and false identifications. Drawing on interviews with both innocence advocates and wrongfully convicted women, along with Beety’s own experiences as an expert litigator and a queer woman, Manifesting Justice provides a unique outsider/insider perspective. Beety expands our notion of justice to include not just people who are factually innocent, but those who are over-charged, pressured into bad plea deals, and over-sentenced. The result is a riveting and timely book that not only advocates for reforming the conviction process—it will transform our very ideas of crime and punishment, what innocence is, and who should be free. With a Foreword by Koa Beck, author of White Feminism “A shocking study of how the criminal justice system discriminates … an invigorating and eye-opening call to action.” —Publishers Weekly “A thought-provoking book about the American justice system . . . Beety, an innocence litigator and former federal prosecutor, concludes her important book by proclaiming ‘Let’s manifest justice now!’” —Booklist
Author : Matthew Barry Johnson Publisher : Oxford University Press, USA Page : 213 pages File Size : 41,5 Mb Release : 2020-10-19 Category : Law ISBN : 9780190653057
Wrongful Conviction in Sexual Assault by Matthew Barry Johnson Pdf
"Wrongful Conviction in Sexual Assault: Stranger Rape, Acquaintance Rape, and Intra-Familial Child Sexual Assaults examines the phenomenon of innocent defendants who are convicted of rape and related sexual offenses. It presents findings that indicate sexual offenses are highly over represented among confirmed wrongful convictions. Drawing from Innocence Project and National Registry of Exoneration data and supplemented by social science and historical sources, the investigation explores various processes that lead to wrongful conviction, distinguishing the differential risk of wrongful conviction among stranger rape, acquaintance rape, and intra-familial child sexual assault. The book includes reference to established research on false confessions, eye witness mis-identification, erroneous expert and informant testimony, DNA evidence, racial bias, and 'manufactured' evidence. The work also introduces new terms and concepts (such as 'black box' investigation methods, the stranger rape thesis, the moral outrage - moral correction process, 'spontaneous mis-identification', victim status paths, the differential investigation challenge related to capable vs incapacitated rape victims, and the role of serial sexual offending in wrongful conviction) to clarify and illustrate unique aspects of wrongful conviction in sexual assault"--
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.
Author : Jessica S. Henry Publisher : Univ of California Press Page : 264 pages File Size : 53,7 Mb Release : 2021-10-05 Category : Law ISBN : 9780520385801
2020 Foreword INDIES Book of the Year Awards Winner, Silver (Political and Social Sciences) Winner of the Montaigne Medal, awarded to "the most thought-provoking books" The first book to explore a shocking yet all-too-common type of wrongful conviction—one that locks away innocent people for crimes that never actually happened. Rodricus Crawford was convicted and sentenced to die for the murder by suffocation of his beautiful baby boy. After years on death row, evidence confirmed what Crawford had claimed all along: he was innocent, and his son had died from an undiagnosed illness. Crawford is not alone. A full one-third of all known exonerations stem from no-crime wrongful convictions. The first book to explore this common but previously undocumented type of wrongful conviction, Smoke but No Fire tells the heartbreaking stories of innocent people convicted of crimes that simply never happened. A suicide is mislabeled a homicide. An accidental fire is mislabeled an arson. Corrupt police plant drugs on an innocent suspect. A false allegation of assault is invented to resolve a custody dispute. With this book, former New York City public defender Jessica S. Henry sheds essential light on a deeply flawed criminal justice system that allows—even encourages—these convictions to regularly occur. Smoke but No Fire promises to be eye-opening reading for legal professionals, students, activists, and the general public alike as it grapples with the chilling reality that far too many innocent people spend real years behind bars for fictional crimes.
The American judicial system is far too often a source of injustice for the innocent rather than justice for the guilty. Despite all the alleged protections built into the trial process, a person facing criminal charges is virtually presumed guilty until proven innocent - not the reverse. Presumed Guilty is about thousands of innocent Americans who each year are convicted of serious crimes they did not commit. Many are convicted of crimes that did not even occur. Journalist Martin Yant vividly and dramatically explains the process by which American justice is miscarried, providing carefully researched details about more than 100 wrongful convictions. Yant''s writing reveals both passion and frustration as he explains how most mistaken convictions could easily be avoided. "No criminal justice system is infallable," he writes, "but most errors aren''t the result of carefully considered decisions that happen to be wrong." He cites examples of outrageous carelessness, investigations that conform facts to predetermined theories, the use of long-discredited investigative techniques, rampant prejudice, and the desire of police and prosecutors to "win" convictions at any price - even if evidence is fabricated to do so. Yant goes on to propose achievable solutions that would not only prevent years of imprisonment for the wrongfully convicted but also save the lives of innocent individuals who face the increasingly used death penalty. Presumed Guilty reveals not only how often the American justice system goes awry, but how easily - and how quickly - it is possible to become its victim.
