Download or read book Memory and Miscarriages of Justice written by Mark L. Howe and published by Psychology Press. This book was released on 2017-08-16 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Miscarriages of Justice written by Brent E. Turvey and published by Academic Press. This book was released on 2014-05-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book When Law Fails written by Charles J. Ogletree, Jr. and published by NYU Press. This book was released on 2009-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Memory and Law written by Lynn Nadel and published by Oxford University Press. This book was released on 2012-08-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system — these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.
Download or read book Miscarriages of Justice in Canada written by Kathryn M. Campbell and published by University of Toronto Press. This book was released on 2018-06-12 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Finding the Truth in the Courtroom written by Henry Otgaar and published by Oxford University Press. This book was released on 2018 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finding the Truth in the Courtroom combines the science behind deception and memory and their relation in court. Testimonies are oftentimes the most important piece of evidence in legal cases. Hence, this book shows how such testimonies can be riddled with deception and/or memory errors, how to detect them, and what you can against them.
Download or read book Memory Injustice written by Kevin Felstead and published by Independently Published. This book was released on 2024-02-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, thousands of ordinary people have been accused of crimes they've never committed by individuals whose memories are distorted. This book documents the catastrophic impact of these false memories in the criminal justice system in the United Kingdom, which has seen families torn apart, and hundreds of innocent people imprisoned. For more than a decade Dr Kevin Felstead witnessed many of these trials first-hand whilst working for one of the country's leading miscarriages of justice charities. His new book Memory & Injustice - Wrongful Accusations in the United Kingdom is drawn from his extensive courtroom experience and criminological research from that time. It is a must-read for parents, criminal justice practitioners, journalists, social commentators, and students of criminology, history, law, psychology, and sociology.
Download or read book Identifying the Culprit written by National Research Council and published by National Academies Press. This book was released on 2015-01-16 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
Download or read book Miscarriage of Memory Historic Abuse Cases written by William Burgoyne and published by . This book was released on 2010-07-29 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Capital Punishment in Twentieth Century Britain written by Lizzie Seal and published by Routledge. This book was released on 2014-03-05 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capital punishment for murder was abolished in Britain in 1965. At this time, the way people in Britain perceived and understood the death penalty had changed – it was an issue that had become increasingly controversial, high-profile and fraught with emotion. In order to understand why this was, it is necessary to examine how ordinary people learned about and experienced capital punishment. Drawing on primary research, this book explores the cultural life of the death penalty in Britain in the twentieth century, including an exploration of the role of the popular press and a discussion of portrayals of the death penalty in plays, novels and films. Popular protest against capital punishment and public responses to and understandings of capital cases are also discussed, particularly in relation to conceptualisations of justice. Miscarriages of justice were significant to capital punishment’s increasingly fraught nature in the mid twentieth-century and the book analyses the unsettling power of two such high profile miscarriages of justice. The final chapters consider the continuing relevance of capital punishment in Britain after abolition, including its symbolism and how people negotiate memories of the death penalty. Capital Punishment in Twentieth-Century Britain is groundbreaking in its attention to the death penalty and the effect it had on everyday life and it is the only text on this era to place public and popular discourses about, and reactions to, capital punishment at the centre of the analysis. Interdisciplinary in focus and methodology, it will appeal to historians, criminologists, sociologists and socio-legal scholars.
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.
Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2015 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.
Download or read book The Psychology of False Confessions written by Gisli H. Gudjonsson and published by John Wiley & Sons. This book was released on 2018-07-23 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive and up-to-date review of the development of the science behind the psychology of false confessions Four decades ago, little was known or understood about false confessions and the reasons behind them. So much has changed since then due in part to the diligent work done by Gisli H. Gudjonsson. This eye-opening book by the Icelandic/British clinical forensic psychologist, who in the mid 1970s had worked as detective in Reykjavik, offers a complete and current analysis of how the study of the psychology of false confessions came about, including the relevant theories and empirical/experimental evidence base. It also provides a reflective review of the gradual development of the science and how it can be applied to real life cases. Based on Gudjonsson’s personal account of the biggest murder investigations in Iceland’s history, as well as other landmark cases, The Psychology of False Confessions: Forty Years of Science and Practice takes readers inside the minds of those who sit on both sides of the interrogation table to examine why confessions to crimes occur even when the confessor is innocent. Presented in three parts, the book covers how the science of studying false confessions emerged and grew to become a regular field of practice. It then goes deep into the investigation of the mid-1970s assumed murders of two men in Iceland and the people held responsible for them. It finishes with an in-depth psychological analysis of the confessions of the six people convicted. Written by an expert extensively involved in the development of the science and its application to real life cases Covers the most sensational murder cases in Iceland’s history Deep analysis of the ‘Reykjavik Confessions’ adds crucial evidence to understanding how and why coerced-internalized false confessions occur, and their detrimental and lasting effects on memory The Psychology of False Confessions: Forty Years of Science and Practice is an important source book for students, academics, criminologists, and clinical, forensic, and social psychologists and psychiatrists.
Download or read book The Impact of Internal and External Influences on Memory and their Relevance to Legal Decisions written by Fabiana Battista and published by Frontiers Media SA. This book was released on 2024-08-02 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fallibility of memory has been often demonstrated. A plethora of studies has focused on external influences that can affect memory reports, such as suggestive questioning. Adopting different paradigms (e.g., misinformation, memory conformity), the recurrent pattern of findings of these studies is that suggestion can make people prone to falsely recall details that were never experienced (i.e., commission errors, false details). In addition, suggestion can make them unable to recall truly experienced events or event-related details. However, internal influences can also affect memory. One such internal influence is deception. In the last decade, several studies have investigated how memory can be affected by deception. Specifically, these studies have shown that a person who has intentionally deceived the listener about an experienced event, subsequently when the person comes forward with the truth shows an impaired memory for such an event. This line of research examined the detrimental effects on memory by taking into account different strategies to deceive (e.g., false denials, feigned amnesia, and fabrication) and found that the memory outcomes due to deception can vary based on the strategy used to deceive. A number of studies has also demonstrated that another type of deception - known as self-deception - can influence our memory. This strategy relies on the act of deceiving our own selves and seems to reduce the recall of negative memories. The understanding of the effects of external (e.g., suggestion) and internal (e.g., deception, self-deception) on memory is important, not only in order to gain more fundamental information on how memory works, but also because of the relevance of memory functioning within the legal context. Memory distortions, for example, inaccurate eyewitness testimony, can lead to impactful legal decisions, such as wrongful convictions. Several studies have underlined the harmful consequences of distorted statements. Additional support is found in databases from various worldwide associations who strive to obtain fair justice for people involved in wrongful convictions cases (for instance, www.innocenceproject.org). Therefore, it is important that researchers continue to provide evidence on the mnemonic impact of internal and external factors that influence legal practitioners to help avoid miscarriages of justice.
Download or read book The Book of Memory written by Petina Gappah and published by Farrar, Straus and Giroux. This book was released on 2016-02-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story that you have asked me to tell you does not begin with the pitiful ugliness of Lloyd’s death. It begins on a long-ago day in August when the sun seared my blistered face and I was nine years old and my father and mother sold me to a strange man. Memory, the narrator of Petina Gappah’s The Book of Memory, is an albino woman languishing in Chikurubi Maximum Security Prison in Harare, Zimbabwe, after being sentenced for murder. As part of her appeal, her lawyer insists that she write down what happened as she remembers it. The death penalty is a mandatory sentence for murder, and Memory is, both literally and metaphorically, writing for her life. As her story unfolds, Memory reveals that she has been tried and convicted for the murder of Lloyd Hendricks, her adopted father. But who was Lloyd Hendricks? Why does Memory feel no remorse for his death? And did everything happen exactly as she remembers? Moving between the townships of the poor and the suburbs of the rich, and between past and present, the 2009 Guardian First Book Award–winning writer Petina Gappah weaves a compelling tale of love, obsession, the relentlessness of fate, and the treachery of memory.
Download or read book Expert Psychiatric Evidence written by Keith Rix and published by RCPsych Publications. This book was released on 2011-11 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to what a psychiatrist needs to know in order to prepare medico-legal reports and become an expert witness. This book covers the roles and responsibilities of the psychiatric expert witness in the context of case and statute law, administration, training and other practical matters, the medico-legal consultation and the structure and form of the expert report. Specific chapters deal with psychiatric reports in criminal, civil and family cases, as well as inquests, tribunals and other parts of the legal system. Preparation of reports for jurisdictions in the British Isles outside England and Wales is covered. It will be of value to trainee psychiatrists and recently appointed consultants who need a handbook to assist them as they acquire the training, skills and knowledge necessary to prepare expert psychiatric evidence for courts and other legal forums. This book is aimed at psychiatrists who wish to write medico-legal reports and become expert witnesses, but it will also be a useful resource for established expert psychiatric witnesses and the solicitors and barristers who instruct them.
Download or read book Rethinking Miscarriages of Justice written by M. Naughton and published by Springer. This book was released on 2007-09-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
