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Miscarriages Of Justice

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Miscarriages of Justice

Miscarriages of Justice Book
Author : Brent E. Turvey,Craig M Cooley
Publisher : Academic Press
Release : 2014-05-19
ISBN : 0124095283
Language : En, Es, Fr & De

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Book Description :

Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583

Miscarriages of Justice in Canada

Miscarriages of Justice in Canada Book
Author : Kathryn M. Campbell
Publisher : University of Toronto Press
Release : 2018-06-12
ISBN : 1487514573
Language : En, Es, Fr & De

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Book Description :

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.

Wrongful Convictions and Miscarriages of Justice

Wrongful Convictions and Miscarriages of Justice Book
Author : C. Ronald Huff,Martin Killias
Publisher : Routledge
Release : 2013
ISBN : 0415539935
Language : En, Es, Fr & De

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Book Description :

This innovative work builds on Huff and Killiase(tm) earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways:ee (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction:ee voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.ee

Rethinking Miscarriages of Justice

Rethinking Miscarriages of Justice Book
Author : M. Naughton
Publisher : Springer
Release : 2007-09-05
ISBN : 023059896X
Language : En, Es, Fr & De

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Book Description :

Drawing on Foucauldian theory and 'social harm' paradigms, Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.

Wrongful Conviction

Wrongful Conviction Book
Author : C. Ronald Huff,Martin Killias
Publisher : Temple University Press
Release : 2010-01-15
ISBN : 159213646X
Language : En, Es, Fr & De

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Book Description :

Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel. This collection includes a number of well-developed public-policy recommendations intended to reduce the instances of courts punishing innocents. It also offers suggestions for compensating more fairly those who are wrongfully convicted.

A Miscarriage of Justice

A Miscarriage of Justice Book
Author : Cassia Roth
Publisher : Stanford University Press
Release : 2020-01-14
ISBN : 1503611337
Language : En, Es, Fr & De

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Book Description :

A Miscarriage of Justice examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities—their ability to conceive and raise future citizens and laborers—became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state—and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today.

The Metamorphosis of Criminal Justice

The Metamorphosis of Criminal Justice Book
Author : Jacqueline S. Hodgson
Publisher : Oxford University Press
Release : 2020-03-16
ISBN : 0190096632
Language : En, Es, Fr & De

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Book Description :

In The Metamorphosis of Criminal Justice, Jacqueline S. Hodgson focuses on the potentially radical and fundamental changes taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, Hodgson then discusses how the roles of prosecution and defense have been re-shaped in different ways in both jurisdictions--both in the text of the law and in their practices. The final section considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and in particular, the role of the defense in these procedures. By adopting an empirical and comparative approach, this book explores the nature and reach of these trends and the ways that they challenge and disrupt criminal processes and values.

Memory and Miscarriages of Justice

Memory and Miscarriages of Justice Book
Author : Mark L. Howe,Lauren M. Knott,Martin A. Conway
Publisher : Psychology Press
Release : 2017-08-16
ISBN : 131761738X
Language : En, Es, Fr & De

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Book Description :

Memory is often the primary evidence in the courtroom, yet unfortunately this evidence may not be fit for purpose. This is because memory is both fallible and malleable; it is possible to forget and also to falsely remember things which never happened. The legal system has been slow to adapt to scientific findings about memory even though such findings have implications for the use of memory as evidence, not only in the case of eyewitness testimony, but also for how jurors, barristers, and judges weigh evidence. Memory and Miscarriages of Justice provides an authoritative look at the role of memory in law and highlights the common misunderstandings surrounding it while bringing the modern scientific understanding of memory to the forefront. Drawing on the latest research, this book examines cases where memory has played a role in miscarriages of justice and makes recommendations from the science of memory to support the future of memory evidence in the legal system. Appealing to undergraduate and postgraduate students of psychology and law, memory experts, and legal professionals, this book provides an insightful and global view of the use of memory within the legal system.

The Innocent and the Criminal Justice System

The Innocent and the Criminal Justice System Book
Author : Michael Naughton
Publisher : Bloomsbury Publishing
Release : 2013-06-11
ISBN : 135030610X
Language : En, Es, Fr & De

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Book Description :

The Innocent and the Criminal Justice System examines competing perspectives on, and definitions of, miscarriages of justice to tackle these questions and more in this critical sociological examination of innocence and wrongful conviction. This book: - Is the first book of its kind to cover wrong convictions, from definition and causation to the limits of redress - Provides a wealth of case studies and statistics to apply theoretical discussions of the criminal justice system to real-life situations - Discusses ideas and challenges that are highly relevant to current political and social debates Elegantly written by a leading expert in the field, this book is essential reading for students of criminology, criminal justice and law, looking to understand the workings of the criminal justice system and how it can fail the innocent.

Miscarriages of Justice

Miscarriages of Justice Book
Author : Clive Walker
Publisher : OUP Oxford
Release : 1999
ISBN : 1854316877
Language : En, Es, Fr & De

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Book Description :

The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

Justice in Error

Justice in Error Book
Author : Clive Walker,Keir Starmer
Publisher : Unknown
Release : 1993
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

Understanding Miscarriages of Justice

Understanding Miscarriages of Justice Book
Author : Richard Nobles,David Schiff (Law professor)
Publisher : Oxford University Press on Demand
Release : 2000
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

When justice is contested and uncertain, how can miscarriage of justice be viewed. This book addresses this question, looking at the relationship between the legal construction of criminal justice, most notably that of trials and appeals.

Convicting the Innocent

Convicting the Innocent Book
Author : Brandon Garrett
Publisher : Harvard University Press
Release : 2011-08-04
ISBN : 0674060989
Language : En, Es, Fr & De

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Book Description :

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 analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.

The First Miscarriage of Justice

The First Miscarriage of Justice Book
Author : Jon Robins
Publisher : Waterside Press
Release : 2014-10-20
ISBN : 1909976121
Language : En, Es, Fr & De

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Book Description :

‘I would have been the first miscarriage of justice… There was this spate of cases: the Birmingham Six, Guildford Four and Cardiff Three. Each one was another nail in my coffin’: Tony Stock, 2008. The story of Tony Stock is astonishing: deeply disturbing it sent out ripples of disquiet when he was sentenced to ten years for robbery at Leeds Assizes in 1970. Over the next 40 years the case went to the Court of Appeal four times and has the distinction of being the first to have been referred to that court twice by the Criminal Cases Review Commission. Tony Stock died in 2012 still fighting to clear his name: spending from his meagre savings to hire private investigators and hoping beyond hope to see justice. Reviews ‘The story of Tony Stock should be mandatory reading for everyone, not merely those involved with the laws. It concerns the quality of our criminal justice system and its serious reluctance and unwillingness to root out injustice’: Michael Mansfield QC. ‘One of the most outrageous miscarriages of justice of modern times’: Barry Sheerman, Labour MP for Huddersfield. In the Press ‘If anyone seriously believes the Court of Appeal has reformed itself since the dark days of the Birmingham Six and Bridgewater Four, they should study the unreported and amazing case of Tony Stock’: Private Eye. ‘I would have thought that the injustice done to Tony (Stock) was fairly self-evident and yet his conviction still stands. I find this very difficult to accept’: Ralph Barrington, investigations adviser at the Criminal Cases Review Commission. ‘The fight for justice that will not die’: Yorkshire Post.

Misleading DNA Evidence

Misleading DNA Evidence Book
Author : Peter Gill
Publisher : Elsevier
Release : 2014-06-18
ISBN : 0124172202
Language : En, Es, Fr & De

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Book Description :

Misleading DNA Evidence: A Guide for Scientists, Judges, and Lawyers presents the reasons miscarriages of justice can occur when dealing with DNA, what the role of the forensic scientist is throughout the process, and how judges and lawyers can educate themselves about all of the possibilities to consider when dealing with cases that involve DNA evidence. DNA has become the gold standard by which a person can be placed at the scene of a crime, and the past decade has seen great advances in this powerful crime solving tool. But the statistics that analysts can attach to DNA evidence often vary, and in some cases the statistical weight assigned to that match, can vary enormously. The numbers provided to juries often overstate the evidence, and can result in a wrongful conviction. In addition to statistics, the way the evidence is collected, stored and analyzed can also result in a wrongful conviction due to contamination. This book reviews high-profile and somewhat contentious cases to illustrate these points, including the death of Meredith Kercher. It examines crucial topics such as characterization of errors and determination of error rates, reporting DNA profiles and the source and sub-source levels, and the essentials of statement writing. It is a concise, readable resource that will help not only scientists, but legal professionals with limited scientific backgrounds, to understand the intricacies of DNA use in the justice system. Ideal reference for scientists and for those without extensive scientific backgrounds Written by one of the pioneers in forensic DNA typing and interpretation of DNA profiling results Ideal format for travel, court environments, or wherever easy access to reference material is vital

Criminal Injustice

Criminal Injustice Book
Author : F. Belloni,J. Hodgson
Publisher : Springer
Release : 1999-10-10
ISBN : 0230599761
Language : En, Es, Fr & De

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Book Description :

Beginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.

When Law Fails

When Law Fails Book
Author : Austin Sarat
Publisher : NYU Press
Release : 2009-01-01
ISBN : 9780814762257
Language : En, Es, Fr & De

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Book Description :

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

The Oxford Handbook of Criminal Process

The Oxford Handbook of Criminal Process Book
Author : Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser
Publisher : Oxford University Press
Release : 2019-02-22
ISBN : 0190659866
Language : En, Es, Fr & De

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Book Description :

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Miscarriages of Justice

Miscarriages of Justice Book
Author : Bibi Sangha,Robert N. Moles
Publisher : Unknown
Release : 2015-09-08
ISBN : 9780409340723
Language : En, Es, Fr & De

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Book Description :

This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005

Miscarriage of Justice

Miscarriage of Justice Book
Author : Kip Gayden
Publisher : Center Street
Release : 2008-02-12
ISBN : 1599951177
Language : En, Es, Fr & De

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Book Description :

Based on actual events, Anna Dotson is a passionate modern woman of the 1900s who finds herself stifled by the lingering outdated rules of Victorian society. When her every attempt to rekindle romance and affection with her husband--a prominent local doctor--fails, she finds herself turning to the friendship of Charlie Cobb, a new man in town. But as their relationship becomes more intimate, smalltown tongues start wagging, and their starcrossed affair leads to a shocking public murder.