Download or read book A Miscarriage of Justice written by Cassia Roth and published by Stanford University Press. This book was released on 2020-01-14 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Download or read book Miscarriages of Justice written by Bibi Sangha and published by . This book was released on 2015-09-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Wrongful Conviction written by C. Ronald Huff and published by Temple University Press. This book was released on 2010-01-15 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Jim Bakker written by James A. Albert and published by Open Court Publishing. This book was released on 1998 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has followed the roller coaster-like saga of PTL will want to read this absorbing inside story. Albert, a law professor and trial attorney, has investigated the Bakker/PTL story extensively and crafts a balanced story, guiding his readers through Bakker's rise from obscurity to his heyday hosting "The PTL Club". Albert contends that although Bakker's stewardship of PTL was surely careless, serious doubt remains whether or not he ever intended to defraud contributors. 15 photos.

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 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 The First Miscarriage of Justice written by Jon Robins and published by Waterside Press. This book was released on 2014-10-20 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘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.

Download or read book Wrongful Convictions and Miscarriages of Justice written by C. Ronald Huff and published by Routledge. This book was released on 2013-03-05 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative work builds on Huff and Killias’ earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways: (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: 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.

Download or read book Miscarriage of Justice written by Mark Shaw and published by Paragon House Publishers. This book was released on 2001-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaw (formerly a lawyer) recounts the details of the Pollard case. He discusses Pollard's acts of espionage on behalf of the Israeli government, his trial, and his life sentence. Particular attention is given to Pollard's Zionism, his relationship to the American Jewish community, the involvement of government officials like Caspar Weinberger, and Clinton's refusal to free him. Appendices include photographs, a chronology, the U.S.-Israel security agreement, a chart comparing the sentences of various spies, and letters in support of Pollard. c. Book News Inc.

Download or read book The Case of Stephen Downing written by Stephen Downing and published by Pen and Sword True Crime. This book was released on 2020-02-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On 12 September 1973 a seventeen-year-old naïve and vulnerable young gardener Stephen Downing returning from a short lunch break encountered the badly beaten and unconscious figure of thirty-two year old Wendy Sewell lying on the footpath of Bakewell Cemetery close to Catcliff Wood and the consecrated chapel where she had been attacked. Stephen ran to the nearby workmen's building and in the meantime the perpetrator of the attack who had been hiding, dragged Wendy's body out of sight to a second location where she was subsequently found soon after. There then occurred a horrifying sequence of events which were to change his young life forever. He was immediately taken into custody and questioned at length without a solicitor and eventually signed a false confession statement and Wendy was to die some two days later from her injuries. Following a very biased prosecution based three day trial during February 1974 Downing was found guilty by a jury, convicted and sentenced to what was eventually a full life sentence. Just eight months later during October 1974 there followed an appeal with fresh evidence from an eye witness who saw Wendy Sewell alive after Downing left the cemetery for lunch, however the prosecution rubbished this evidence and the appeal failed. In the many years which followed Downing's incarceration he was moved from prison to prison, continuing to maintain his innocence and in doing so jeopardised any chance of parole as he was "In Denial Of Murder" until eventually his plight reached journalist Don Hale, whose tireless efforts eventually led to a Criminal Cases Review and appeal in which Downing was released as a middle aged man after some twenty-seven years, the longest miscarriage in the United Kingdom legal history.

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 Misleading DNA Evidence written by Peter Gill and published by Elsevier. This book was released on 2014-06-18 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book The Dossier written by Michael O'Brien and published by Seren. This book was released on 2021-10-15 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dossier investigates fifteen cases of proven or alleged miscarriages of justice in south Wales between 1982 and 2016. In the first part of The Dossier Michael O'Brien presents new evidence concerning his own case, which further calls into question the actions of the police which led to his conviction. The second part of the book considers another fourteen cases for a variety of crimes including murder. These cases concern the convictions of twenty-three people, who between them have spent eighty years in prison. The earliest is Anthony Yellen, convicted of murder on a manufactured confession in 1983. The book includes the Welsh conspiracy trial, the case of the Darvell brothers in Swansea, the Cardiff Three, Jonathan Jones, the Merthyr arson case, and the Clydach murders.O'Brien calls into question methods of policing and a judicial system in which too little has changed over the past thirty years, and calls for a judicial inquiry to investigate the culture which has resulted in so many dubious and plainly wrongful convictions. No police officer has been brought to book for their part in these cases, despite the evidence produced for the convictions to be ruled unsafe. Some officers have been involved in more than one of the cases considered, and some have been promoted to senior levels in the force. Many are now retired and are no longer subject to police disciplinary procedures. How, asks O'Brien, could so many important cases have resulted in unsafe conviction, and what can be done to improve procedures in future?

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 The Justice Gap written by Steve Hynes and published by Legal Action Comics. This book was released on 2009-01-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims.