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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 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.
“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
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.
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 : Kathryn M. Campbell Publisher : University of Toronto Press Page : 442 pages File Size : 53,7 Mb Release : 2018-06-12 Category : Law ISBN : 9781487514570
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.
When Truth Is All You Have by Jim McCloskey,Philip Lerman Pdf
“A riveting and infuriating examination of criminal prosecutions, revealing how easy it is to convict the wrong person and how nearly impossible it is to undo the error.” —Washington Post "No one has illuminated this problem more thoughtfully and persistently." —Bryan Stevenson, author of Just Mercy Jim McCloskey was at a midlife crossroads when he met the man who would change his life. A former management consultant, McCloskey had grown disenchanted with the business world; he enrolled at Princeton Theological Seminary at the age of 37. His first assignment, in 1980, was as a chaplain at Trenton State Prison. Among the inmates was Jorge de los Santos, a heroin addict who'd been convicted of murder years earlier. He swore to McCloskey that he was innocent—and, over time, McCloskey came to believe him. With no legal or investigative training to speak of, McCloskey threw himself into the case. Two years later, thanks to those efforts, Jorge de los Santos walked free, fully exonerated. McCloskey had found his calling. He established Centurion Ministries, the first group in America devoted to overturning wrongful convictions. Together with his staff and a team of forensic experts, lawyers, and volunteers—through tireless investigation and an unflagging dedication to justice—Centurion has freed 65 innocent prisoners who had been sentenced to life or death. When Truth Is All You Have is McCloskey's inspirational story, as well as those of the unjustly imprisoned for whom he has fought. Spanning the nation, it is a chronicle of faith and doubt; of triumphant success and shattering failure. It candidly exposes a life of searching and struggle, uplifted by McCloskey's certainty that he had found what he was put on earth to do. Filled with generosity, humor, and compassion, it is the soul-bearing account of a man who has redeemed innumerable lives—and incited a movement—with nothing more than his unshakeable belief in the truth.
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.
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.
“A moving and beautifully crafted memoir.”—SCOTT TUROW “A daring act of justified defiance.”—SHAKA SENGHOR “Nothing less than heroic.”—JOHN GRISHAM He was seventeen when an all-white jury sentenced him to prison for a crime he didn’t commit. Now a pioneering lawyer, he recalls the journey that led to his exoneration—and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier—and won. In this illuminating story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Redeeming Justice is an unforgettable firsthand account of the limits—and possibilities—of our country’s system of law.
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.
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.
