This book takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
Call Number: K5560 .S26 2010 LAW and available online
Publication Date: 2010
The objective of this book is to make clear that, despite the rules laid down by statutes and decided cases to ensure that criminal trials are properly conducted, there are many instances where those rules have not been properly applied. In Britain, Canada, and Australia, there have been cases in which investigations have fundamentally miscarried and where expert witnesses have given evidence that has been either fraudulent or wrong. The book reviews how these problem cases are dealt with, and the marked differences between the jurisdictions in the procedures available to identify possible errors. The authors recommend ways to narrow the gap between the rhetoric of impartial forensic science and prosecutions and the reality of a growing number of recognized miscarriages of justice, emphasizing that both forensic science and the legal system must change and seek to better understand each other.
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. The author 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.
This collection presents a comparative analysis of wrongful conviction and criminal procedure. Authors are drawn from a broad range of backgrounds including law, psychology, forensics and journalism. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of high-profile cases; and the extent to which wrongful conviction has driven criminal justice reform.
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 on Indigenous fishing rights – tells the story of how Marshall’s fight against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall was destined to assume the role of hereditary chief of the Mi’kmaw Nation when, in 1971, he was wrongly convicted of murder. He spent more than eleven years in jail before a royal commission exonerated him and exposed the entrenched racism underlying the terrible miscarriage of justice. Four years later, in 1993, he was charged with fishing eels without a licence.
This book reviews and analyzes 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.
a non-profit organization whose mandate is to idenfity, advocate for, and exonerate individuals who have been convicted of a crime they did not commit and to prevent wrongful convictions through legal education and reform. They also provide resources on wrongful convictions on their website.