Wrongful Convictions and the Criminalization of Innocence by Campbell, Kathryn M.; Ariel, Barak; Horovitz, Anat;

Rövid leírás:

This edited international collection explores the nature and extent of wrongful convictions, as well as examining the systems in place that attempt to exonerate the wrongly convicted.

Hosszú leírás:

This edited international collection explores the nature and extent of wrongful convictions, as well as examines the systems in place that attempt to exonerate the wrongly convicted. Inspired by two conventions of legal scholars, jurists, lawyers and law students gathered to examine miscarriages of justice as well as the means to address them, in Israel and Canada, this compilation presents work arising from those workshops as well as newer research dedicated to examining this phenomenon. With a thoughtful and evidence- based approach by leading international legal scholars and jurists, this book offers a timely analysis given the burgeoning interest in the study of miscarriages of justice across the globe.

This book is useful for all those interested in studying miscarriages of justice, why they occur and how to eliminate or minimize them, including students and professionals involved in criminology, criminal law and innocence work, as well as comparative criminology and legal scholars.

‘This collection of articles is an important contribution to the understanding of the reasons giving rise to wrongful convictions and the legal and technological means that can be used to prevent wrongful convictions and also to exonerate innocent people wrongly convicted. It includes contributions by practitioners (including supreme court judges) as well as legal scholars and criminologists from different jurisdictions and different methodologies. This collection will be extensively used by judges, theorists, and policymakers in an effort to promote justice in the criminal system.’

Prof. Alon Harel
Phillip and Estelle Mizock Chair in Administrative and Criminal Law
The Faculty of Law, The Hebrew University of Jerusalem.

 
‘Scholars and activists in the "Innocence Movement" have realized in the past decade that countries around the world have much in common when it comes to fighting wrongful convictions. We all have so much to learn, but also so much to learn from each other. This book is an important addition to the global fight against such miscarriages of justice. It covers all the essential topics but from an important international angle, and through diverse voices from around the world. It is a much-needed new perspective on an international problem.’

Prof, Mark Godsey
Daniel P. and Judith L. Carmichael Professor of Law
University of Cincinnati College of Law
Director, Rosenthal Institute for Justice/Ohio Innocence Project

‘This comprehensive collection provides not only a multi-disciplinary examination of the causes of wrongful convictions, but also provides an examination of models of exoneration around the world. By introducing unique systems that could serve as models for exoneration and focusing on countries that have such models (UK, Norway, New Zealand, North Carolina), those that are undergoing major reforms (Canada) and those that are in need of reform (Australia, Israel), this book encourages readers to consider what kind of reform is necessary in their own country.  Essentially, this collection is a must-read for researchers and practitioners who study and deal with the issue of wrongful convictions as it encourages practical solutions.’

Professor Kana Sasakura
Faculty of Law, Konan University
Kobe, Japan
Innocence Project Japan

‘Wrongful Convictions and the Criminalization of Innocence: International Perspectives on Contributing Factors, Models of Exoneration and Case Studies offers though-provoking chapters derived from conferences on miscarriages of justice held in Canada and Israel. The essays display the advances gained and the challenges that remain as different countries confront the problem of wrongful convictions. This volume is a foundation for a new generation of innocence scholarship.’

Professor Marvin Zalman, J.D., Ph.D.
Professor (retd.), Criminology/Criminal Justice Department, Wayne State University, Detroit

Tartalomjegyzék:

Foreword

Morris J. Fish

Introduction

Barak Ariel

Part 1: Judicial Perspectives on Wrongful Convictions

Chapter 1. The Pathology of Wrongful Convictions: Perspectives from the Bench

Ian Binnie

Chapter 2. Israeli Criminal Law and Confessions: The “Queen of Evidence” Meets the Talmud

Neal Hendel

Part 2:  Factors Contributing to Wrongful Convictions, Detection and Correction

Chapter 3.  Police Investigation and False Convictions

Boaz Sangero

Chapter 4. Police Deception: How Lies and Undercover Operations Contribute to False Confessions

Rinat Kitai-Sangero

Chapter 5.  Jailhouse Informants in Canadian Courtrooms: Problems and Solutions

Erica M. Giulione and Kathryn M. Campbell 

Chapter 6. Eyewitness Identification – Recommendations by the Public Committee for the Prevention of False Convictions and Their Correction

Danziger Committee

Chapter 7. Does the Bystander Look Criminal or Just Familiar? A Laboratory Experiment on Eyewitness Misidentification

Lea Jaeger and Israel Nachson

Chapter 8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful Convictions

Kent Roach

Chapter 9. Forensic Pathology in Canada

John C. Butt

Chapter 10. Three Wrongs Don’t Make a Right: On the Near Impossibility of Post-Conviction Forensic Testing in Israel

Rottem Rosenberg-Rubins

Part 3: Post-Conviction Models of Exoneration

Chapter 11. Institutional Models for Exoneration – The Criminal Cases Review Commission

Hannah Quirk

Chapter 12. The North Carolina Innocence Inquiry Commission: An Innovative Approach to Post-Conviction Claims of Factual Innocence

Lindsey Guise Smith

Chapter 13. The Reopening of Criminal Cases in Norway

Siv Hallgren

Chapter 14. The New Zealand Experience: Te Kāhui Tātari Ture – The Criminal Cases Review Commission

Colin Carruthers and Parekawhia McLean

Chapter 15. Miscarriages of Justice in Australia: Unfinished Business

Michael Kirby

Chapter 16. UK Criminal Cases Review Commissions and the Slow Road to Policy Transfer in Canada

Clive P. Walker and Kathryn M. Campbell

Chapter 17. Retrial in Israel: The Need for a Restart

Mordechai Kremnitzer and Gal Harnik Blum

Part 4: Case Studies

Chapter 18. The Interrogation

Hanan Peled and Avigdor Feldman

Chapter 19. The Wilbert Coffin Story: A Miscarriage of Justice?

Michael Rooney, Hanna Irwin, and Kathryn M. Campbell