Cover image for Miscarriages of justice in Canada : causes, responses, remedies / Kathryn M. Campbell.
Title:
Miscarriages of justice in Canada : causes, responses, remedies / Kathryn M. Campbell.
ISBN:
9780802094063
Publication Information:
Toronto ; Buffalo ; London : University of Toronto Press, 2017.

©2017
Physical Description:
xvi, 423 pages ; 26 cm
Abstract:
"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."-- Provided by publisher.
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Summary

Summary

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.


Table of Contents

List of Tablesp. ix
Forewordp. xi
Acknowledgmentsp. xv
1 Introductionp. 3
Part 1 Factors Contributing to Miscarriages of Justice
2 Eyewitness Identification and Misidentificationp. 25
3 The Role of Legal Professionals in Contributing to Wrongful Convictions: Policep. 50
4 The Role of Legal Professionals in Contributing to Wrongful Convictions: Prosecutors, Defence Counsel, and the Judiciaryp. 61
5 False Confessionsp. 84
6 Jailhouse Informantsp. 107
Part 2 Evidentiary Detection Methods: Missteps and Innovations
7 DNA Evidence: Raising the Barp. 133
8 Forensic Evidence and Expert Testimonyp. 156
Part 3 Responses to Miscarriages of Justice
9 Conventional Remedies through the Courts and Conviction Reviewp. 191
10 Commissions of Inquiry: Lessons Learnedp. 210
11 Compensation: The "Obstacle Course"p. 234
12 The Impact of Public Lobbying on Wrongful Convictions: The Role of the Media, Lobby Groups, and Innocence Projectsp. 249
13 Lessons from Other Jurisdictionsp. 268
14 Final Conclusionsp. 288
Appendices
A Wrongful Convictions in Canadap. 299
B The Inquiry regarding Thomas Sophonow: Eyewitness Identification - Recommendationsp. 313
C Federal/Provincial/Territorial Heads of Prosecution Committee Working Group (2005), Recommendations regarding the Use of Eyewitness Identification Evidencep. 316
D Canadian Judicial Council, National Judicial Institute: Eyewitness Identification Evidence, Model Jury Instructionsp. 318
E Canada's 1988 Federal-Provincial Guidelines on Compensation for Wrongfully Convicted and Imprisoned Personsp. 321
Notesp. 325
Legislation and Case Citationsp. 381
Bibliographyp. 389
Indexp. 417

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