Download or read book Redressing Miscarriages of Justice Practice and Procedure in International Criminal Cases written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2013-06-27 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Redressing Miscarriages of Justice (2nd ed.) Geert-Jan Alexander Knoops offers an extensive review of the (procedural) mechanisms available in different (international) criminal law systems, in order to prevent and redress miscarriages of justice. The mechanisms will be illustrated on the basis of the causes of miscarriages of justice. Disclosure deficiencies, false confessions, eyewitness misidentification and (fraudulent) forensic sciences are all topics that pass in review. The new chapter to this 2nd edition gives particular insight from a defence perspective; it delves into the issue of challenging and investigating forensic “science” reports and is illustrated with some vivid case examples. The book is essential to everyone studying and challenging wrongful convictions, since it combines both procedures and causes.
Download or read book Redressing Miscarriages of Justice Practice and Procedure in National and International Criminal Law Cases written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-08-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.
Download or read book The Innocent and the Criminal Justice System written by Michael Naughton and published by Bloomsbury Publishing. This book was released on 2013-06-11 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Canada at 150 written by Heather MacIvor and published by . This book was released on 2017-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is a collection of essays and contributions from prominent Canadians on the 150th anniversary of Confederation, and the 35th anniversary of the Charter of Rights and Freedoms. Contributors include former prime ministers, politicians, judges, lawyers and wrongfully convicted. The perspectives are broad, thoughtful and inspiring."--
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 400 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 Compensation for Wrongful Conviction written by Adrian Hoel and published by . This book was released on 2008 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.
Download or read book The Great Post Office Scandal written by Nick Wallis and published by Bath Publishing Limited. This book was released on 2021-11-18 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Post Office Scandal is the extraordinary story behind the recent ITV drama series Mr Bates vs The Post Office. This gripping page-turner recounts how thousands of subpostmasters were accused of theft and false accounting on the back of evidence from Horizon, the flawed computer system designed by Fujitsu, and how a group of them, led by Alan Bates, took their fight to the High Court. Their eventual victory in court vindicated their claims about the defects of the software and exposed the heavy handed attempts by the Post Office to suppress them. The book also chronicles how successive senior managers, business leaders, lawyers, civil servants and Government ministers, at best failed to expose the injustice or, even worse, sought to cover it up, resulting in one of the largest miscarriages of justice in UK history. The author, Nick Wallis, is a journalist and broadcaster who has been reporting on the scandal for over ten years and who acted as script consultant on Mr Bates vs The Post Office, the ITV drama that brought the affair into the national consciousness. As the public inquiry reaches its climax, and senior figures such as Paula Vennells come to be questioned, The Great Post Office Scandal reveals the full scale of what happened and will leave you enraged at how so many of our trusted institutions allowed the saga to go on for nearly a quarter of a century, shattering the lives of thousands of innocent people.
Download or read book Miscarriages of Justice written by Sam Poyser and published by Policy Press. This book was released on 2018-05-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miscarriages of justice occur far more frequently than we realise and have the power to ruin people’s lives. It is crucial for criminal justice practitioners to understand them, given significant developments in recent years in law and police codes of practice. This text, part of the Key themes in policing textbook series, is written by three highly experienced authors with expertise in the fields of criminal investigation, forensic psychology and law and provides an up-to-date and comprehensive analysis of miscarriages of justice. They highlight difficulties in defining miscarriages of justice, examine their dimensions, forms, scale and impact and explore key cases and their causes. Discussing informal and formal remedies against miscarriages of justice, such as campaigns and the role of the media and the Court of Appeal and the Criminal Cases Review Commission (CCRC), they highlight criticism of the activities and decision-making of the latter and examine changes to police investigation in this area. Designed to incorporate ‘evidence-based policing’, each chapter provides questions reflecting on the issues raised in the text and suggestions for further reading.
Download or read book The U N Convention on Torture and the Prospects for Enforcement written by A. Boulesbaa and published by BRILL. This book was released on 2021-09-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text assesses the suitability of the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment (hereinafter referred to as the Torture Convention) as a means of protecting and enforcing the right to be free from torture. Evaluation of the Convention's ability to attain these ends is undertaken through a critical commentary on its substantive and enforcement provisions and on other human rights instruments.
Download or read book Wrongful Convictions and Miscarriages of Justice written by C. Ronald Huff and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.
Download or read book Daily Report written by United States. Foreign Broadcast Information Service and published by . This book was released on 1978 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compensation for Wrongful Convictions written by Wojciech Jasiński and published by Taylor & Francis. This book was released on 2023-03-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.
Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.
Download or read book Constitutional Law of Ireland written by Michael Forde and published by A&C Black. This book was released on 2013-01-01 with total page 1097 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the previous edition of this book, changes have taken place with Ireland's Articles of the Constitution, including challenges to the Articles, referenda, new legislation, and judicially-considered cases. This third edition is almost completely re-written as a result of the tumultuous changes in Irish constitutional law. Author Michael Ford - an accomplished constitutional law author and practitioner - offers the reader everything needed to know on this complex subject.
Download or read book The Construction of Guilt in China written by Yu Mou and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.
Download or read book Comparative Criminology in Asia written by Jianhong Liu and published by Springer. This book was released on 2017-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents the diversity of comparative criminology research in Asia, and the complex theoretical and methodological issues involved in conducting comparative research. With contributors both from the West and the East exploring these questions, the Editors have created a balanced resource, as well as set an agenda for future research. The increasing pace of globalization means that researchers should be armed with an understanding of how criminal justice systems work across the world. In the past, comparative research largely compared Western countries to each other, or involve d researchers from a Western perspective examining an Asian country, with models and theories developed in the West considered to have universal applications. This work aims to correct that gap, by providing a critical examination of comparative research, presenting quantitative and qualitative research data, and asking new questions that challenge prevailing research norms and provide an agenda for future research. This work will be of interest for researchers across the field of Criminology, particularly those with an interest in International and Comparative Research, research on or about Asia, and related disciplines such as Sociology, Demography, and Social Policy. “This fine collection that goes to the rich distinctiveness of Asian criminology. The editors have brought together a wonderful collection of authors mainly from the region. The distinctiveness of values and relational practices in Asia are recurrent themes that are well developed in this book and help us to make sense of patterns of crime and criminal justice in Asia.” John Braithwaite, Australian National University “What theoretical, methodological, and practical issues must we confront in conducting cross-cultural studies encompassing Western and Asian countries? Comparative Criminology in Asia discusses these issues and presents exemplary comparative research. The introductory chapter and the introduction to each part by the co-editors are lucid and highly educational. This collection must be required reading for every serious scholar and aspiring graduate student in Asian countries so that criminological and criminal justice studies will be brought to a much higher level o f sophistication.” Setsuo Miyazawa, UC Hastings “Can there be – and should there be -- a distinctive Asian criminology? What would this involve? The answer depends on what one thinks of the universalistic explanatory claims of Western criminology. Will these claims become self- fulfilling as these societies add to colonial influences a more deliberate borrowing of criminal justice models and established ways of pursuing discipline of criminology? Or will a more critical spirit prevail? This welcome edited collection by Liu, Travers and Chang provides an excellent starting point for reflecting on these and other questions. Rather than attempting to provide descriptions of the variety of similarities and differences in this region (though there are some fascinating case studies of these) the focus is even more on exploring the theoretical approa ches and methodologies used in comparing institutional and cultural differences by Asian criminologists and others.” David Nelken, King’s College, London “Criminologists can no longer ignore the impact of globalization on the pattern and amount of crime as we experienced recently, nor can we ignore the global change of criminal justice policies to deal with crime. There is, therefore, a desperate need to collect data on how crime and criminal justice are influenced by globalization across Asian countries. On the other hand, there are debates on the issue of culture-specific vs. pan-culture theories of crime. This collection addresses both issues in an interesting way. Its publication is timely and welcome.” Chuen-Jim Sheu, National Taipei University
