Wrongful Convictions and the Criminalization of Innocence International Perspectives on Contributing Factors, Models of Exoneration and Case Studies
Produktdetaljer
Biografisk notat
Kathryn M. Campbell is Professor of Criminology at the University of Ottawa, Ontario, Canada. She holds a B.A. in Psychology (McGill), an M.Phil in Criminology (Cantab), a Ph.D. in Criminology (Universite de Montreal) and a BCL/LLB (McGill). Professor Campbell has long been interested in studying social justice, including issues of equality and rights under the law, for various individuals and groups. Professor Campbell has published extensively in the areas of miscarriages of justice, young persons and criminal law, and Indigenous justice issues.
Barak Ariel is a Professor at the Institute of Criminology, Faculty of Law at the Hebrew University of Jerusalem and Professor of Experimental Criminology at the University of Cambridge. He is the current Director of the Police Executive Cambridge at the University of Cambridge. His research interests lie in the areas of policing, victimology and law and society.
Anat Horovitz is a faculty member of the Hebrew University Faculty of Law, where she teaches Criminal Procedure and serves as the Academic Director of the Innocence Clinic. Anat stepped down from her ten-year position as Deputy Head of Israel’s Public Defender’s Office in 2022, was a member of the Public Committee on Wrongful Convictions and Miscarriages of Justice (2018–2022) and served on the Advisory Committee to the Minister of Justice on Criminal Procedure (2005–2012, 2018–2022). Anat holds an L.L.B. (Hebrew University), L.L.M. (London School of Economics) and L.L.D. (Hebrew University), interned at the Israel Supreme Court and worked for a decade as an associate and partner at a law firm, specializing in white-collar crime.
Irwin Cotler, PC, OC, OQ, is International Chair of the Raoul Wallenberg Centre for Human Rights, Emeritus Professor of Law at McGill University, former Minister of Justice and Attorney General of Canada and long-time Member of Parliament, and an international human rights lawyer. A constitutional and comparative law scholar, Professor Cotler is the author of numerous publications and seminal legal articles and has written upon and intervened in landmark Charter of Rights cases in the areas of free speech, freedom of religion, minority rights, peace law and war crimes justice.
<p>‘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.’</p><p><i>Prof. Alon Harel</i><i>Phillip and Estelle Mizock Chair in Administrative and Criminal Law</i><i>The Faculty of Law, </i><i>The Hebrew University of Jerusalem.</i></p><p> <br />‘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.’</p><p><i>Prof, Mark Godsey</i><i>Daniel P. and Judith L. Carmichael Professor of Law</i><i>University of Cincinnati </i><i>College of Law</i><i>Director, Rosenthal Institute for Justice/Ohio Innocence Project</i></p><p>‘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.’</p><p><i>Professor Kana Sasakura</i><i>Faculty of Law, </i><i>Konan University</i><i>Kobe, Japan</i><i>Innocence Project Japan</i></p><p>‘<i>Wrongful Convictions and the Criminalization of Innocence: International Perspectives on Contributing Factors, Models of Exoneration and Case Studies</i> 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.’</p><p><i>Professor Marvin Zalman, J.D., Ph.D.</i><i>Professor (retd.), </i><i>Criminology/Criminal Justice Department, Wayne State University, Detroit</i></p>
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 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.
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
Legislation
Jurisprudence
Secondary Materials: Articles
Secondary Materials: Monographs
Other Materials
Index
Produktdetaljer
Biografisk notat
Kathryn M. Campbell is Professor of Criminology at the University of Ottawa, Ontario, Canada. She holds a B.A. in Psychology (McGill), an M.Phil in Criminology (Cantab), a Ph.D. in Criminology (Universite de Montreal) and a BCL/LLB (McGill). Professor Campbell has long been interested in studying social justice, including issues of equality and rights under the law, for various individuals and groups. Professor Campbell has published extensively in the areas of miscarriages of justice, young persons and criminal law, and Indigenous justice issues.
Barak Ariel is a Professor at the Institute of Criminology, Faculty of Law at the Hebrew University of Jerusalem and Professor of Experimental Criminology at the University of Cambridge. He is the current Director of the Police Executive Cambridge at the University of Cambridge. His research interests lie in the areas of policing, victimology and law and society.
Anat Horovitz is a faculty member of the Hebrew University Faculty of Law, where she teaches Criminal Procedure and serves as the Academic Director of the Innocence Clinic. Anat stepped down from her ten-year position as Deputy Head of Israel’s Public Defender’s Office in 2022, was a member of the Public Committee on Wrongful Convictions and Miscarriages of Justice (2018–2022) and served on the Advisory Committee to the Minister of Justice on Criminal Procedure (2005–2012, 2018–2022). Anat holds an L.L.B. (Hebrew University), L.L.M. (London School of Economics) and L.L.D. (Hebrew University), interned at the Israel Supreme Court and worked for a decade as an associate and partner at a law firm, specializing in white-collar crime.
Irwin Cotler, PC, OC, OQ, is International Chair of the Raoul Wallenberg Centre for Human Rights, Emeritus Professor of Law at McGill University, former Minister of Justice and Attorney General of Canada and long-time Member of Parliament, and an international human rights lawyer. A constitutional and comparative law scholar, Professor Cotler is the author of numerous publications and seminal legal articles and has written upon and intervened in landmark Charter of Rights cases in the areas of free speech, freedom of religion, minority rights, peace law and war crimes justice.