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Compensation for Wrongful Conviction

Author: Adrian Hoel

Publisher:

Published: 2008

Total Pages: 6

ISBN-13: 9781921185816

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This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.

Book Synopsis Compensation for Wrongful Conviction by : Adrian Hoel

Download or read book Compensation for Wrongful Conviction written by Adrian Hoel and published by . This book was released on 2008 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.

Compensation for Wrongful Convictions in Canada

Author: Myles Frederick McLellan

Publisher: Eliva Press

Published: 2021-01-29

Total Pages: 328

ISBN-13: 9789975347587

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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.

Book Synopsis Compensation for Wrongful Convictions in Canada by : Myles Frederick McLellan

Download or read book Compensation for Wrongful Convictions in Canada written by Myles Frederick McLellan and published by Eliva Press. This book was released on 2021-01-29 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Compensation for Wrongful Convictions

Author: Wojciech Jasiński

Publisher: Taylor & Francis

Published: 2023-03-14

Total Pages: 222

ISBN-13: 1000859312

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This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

Book Synopsis Compensation for Wrongful Convictions by : Wojciech Jasiński

Download or read book Compensation for Wrongful Convictions written by Wojciech Jasiński and published by Taylor & Francis. This book was released on 2023-03-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.

Wrongful Conviction and Exoneration

Author: Lisa Idzikowski

Publisher: Greenhaven Publishing LLC

Published: 2019-07-15

Total Pages: 128

ISBN-13: 1534505172

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Since 1989, there have been over 2,200 exonerations in the United States. These have resulted from a number of factors, including the discovery of new evidence, perjury, false identification, and bad forensic evidence. Even when an individual is exonerated, is it possible to compensate them for their loss of time and money? This volume looks at the issue from varying perspectives, exploring causes of wrongful convictions, ways to increase exonerations for those who were unjustly imprisoned, strategies to decrease the number of wrongful convictions going forward, and appropriate compensation for those who have lost years of their lives.

Book Synopsis Wrongful Conviction and Exoneration by : Lisa Idzikowski

Download or read book Wrongful Conviction and Exoneration written by Lisa Idzikowski and published by Greenhaven Publishing LLC. This book was released on 2019-07-15 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1989, there have been over 2,200 exonerations in the United States. These have resulted from a number of factors, including the discovery of new evidence, perjury, false identification, and bad forensic evidence. Even when an individual is exonerated, is it possible to compensate them for their loss of time and money? This volume looks at the issue from varying perspectives, exploring causes of wrongful convictions, ways to increase exonerations for those who were unjustly imprisoned, strategies to decrease the number of wrongful convictions going forward, and appropriate compensation for those who have lost years of their lives.

Convicting the innocent

Author: Edwin Montefiore Borchard

Publisher: Рипол Классик

Published: 1961

Total Pages: 407

ISBN-13: 5874980261

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Book Synopsis Convicting the innocent by : Edwin Montefiore Borchard

Download or read book Convicting the innocent written by Edwin Montefiore Borchard and published by Рипол Классик. This book was released on 1961 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Damages Caused for Wrongful Conviction

Author: Irina Zakirova

Publisher:

Published: 2015

Total Pages: 176

ISBN-13:

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The research focuses on the analysis of civil cases related with compensation of damages for people who were wrongfully convicted. It is known that compensation has a positive effect on the mental state of such victims as well as inspires faith in justice nationwide. People who get wrongfully convicted are offered a range of legal services which are originally proposed as guidance within the criminal justice system, but in turn can cause additional harm/damage for the exonerated. Hence, methods and amount of compensation for such damages falls under the umbrella of this study. A detailed contextual analysis of civil cases related with monetary/non-monetary compensations for the exonerated employs qualitative research method and is a basis for recommendations regarding policy implications.

Book Synopsis Compensation for Damages Caused for Wrongful Conviction by : Irina Zakirova

Download or read book Compensation for Damages Caused for Wrongful Conviction written by Irina Zakirova and published by . This book was released on 2015 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research focuses on the analysis of civil cases related with compensation of damages for people who were wrongfully convicted. It is known that compensation has a positive effect on the mental state of such victims as well as inspires faith in justice nationwide. People who get wrongfully convicted are offered a range of legal services which are originally proposed as guidance within the criminal justice system, but in turn can cause additional harm/damage for the exonerated. Hence, methods and amount of compensation for such damages falls under the umbrella of this study. A detailed contextual analysis of civil cases related with monetary/non-monetary compensations for the exonerated employs qualitative research method and is a basis for recommendations regarding policy implications.

Compensation and Wrongful Conviction

Author: Claire Moore Lankford

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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Wrongful convictions represent grievous errors carried out by state actors either through misconduct or structural failures within the criminal justice system. A majority of research, policy, and advocacy focuses on the legal demands of individuals who are wrongfully convicted. However, this focus excludes the aftermath of exoneration and the barriers individuals face as they adjust to the community post-release (e.g., financial, physical health, mental health). Wrongful conviction has a lasting impact on the family members and children of those who are wrongfully convicted, directly impacts the victim of the crime, and increases societal distrust in the criminal justice system. Given the deleterious effects wrongful conviction has on individuals, families, and society, it is critical to further understand citizens' perceptions of compensation, which serves as one restorative modality. This study examined the general public's perception of compensation for wrongful conviction based on race and previous criminal conviction. Participants (N = 413) consisted of United States citizens who were randomly assigned to one of four case vignettes 1) Black exoneree with no previous criminal conviction 2) Black exoneree with a previous criminal conviction 3) white exoneree with no previous criminal conviction 4) white exoneree with a previous conviction. Results revealed a significant interaction effect between race and criminal conviction on the amount of compensation awarded to exonerees. Specifically, Black exonerees with no previous criminal conviction were awarded more compensation than Black exonerees with a previous criminal conviction and compared to white exonerees with no criminal conviction. Implications for future research and policy are discussed.

Book Synopsis Compensation and Wrongful Conviction by : Claire Moore Lankford

Download or read book Compensation and Wrongful Conviction written by Claire Moore Lankford and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wrongful convictions represent grievous errors carried out by state actors either through misconduct or structural failures within the criminal justice system. A majority of research, policy, and advocacy focuses on the legal demands of individuals who are wrongfully convicted. However, this focus excludes the aftermath of exoneration and the barriers individuals face as they adjust to the community post-release (e.g., financial, physical health, mental health). Wrongful conviction has a lasting impact on the family members and children of those who are wrongfully convicted, directly impacts the victim of the crime, and increases societal distrust in the criminal justice system. Given the deleterious effects wrongful conviction has on individuals, families, and society, it is critical to further understand citizens' perceptions of compensation, which serves as one restorative modality. This study examined the general public's perception of compensation for wrongful conviction based on race and previous criminal conviction. Participants (N = 413) consisted of United States citizens who were randomly assigned to one of four case vignettes 1) Black exoneree with no previous criminal conviction 2) Black exoneree with a previous criminal conviction 3) white exoneree with no previous criminal conviction 4) white exoneree with a previous conviction. Results revealed a significant interaction effect between race and criminal conviction on the amount of compensation awarded to exonerees. Specifically, Black exonerees with no previous criminal conviction were awarded more compensation than Black exonerees with a previous criminal conviction and compared to white exonerees with no criminal conviction. Implications for future research and policy are discussed.

Convicting the Innocent

Author: Brandon L. Garrett

Publisher: Harvard University Press

Published: 2011-08-04

Total Pages: 376

ISBN-13: 0674060989

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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.

Book Synopsis Convicting the Innocent by : Brandon L. Garrett

Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Injustice

Author: Katherine Beckett

Publisher: SAGE

Published: 2004

Total Pages: 276

ISBN-13: 9780761929949

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Examines the US crime problem and the resulting policies as a political and cultural issue.

Book Synopsis The Politics of Injustice by : Katherine Beckett

Download or read book The Politics of Injustice written by Katherine Beckett and published by SAGE. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the US crime problem and the resulting policies as a political and cultural issue.

Surviving Justice

Author:

Publisher: McSweeney's

Published: 2015-10-01

Total Pages: 248

ISBN-13: 1940450918

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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

Book Synopsis Surviving Justice by :

Download or read book Surviving Justice written by and published by McSweeney's. This book was released on 2015-10-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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