Full Description
This edited international collection explores the nature and extent of wrongful convictions, as well as examines the systems in place that attempt to exonerate the wrongly convicted. Inspired by two conventions of legal scholars, jurists, lawyers and law students gathered to examine miscarriages of justice as well as the means to address them, in Israel and Canada, this compilation presents work arising from those workshops as well as newer research dedicated to examining this phenomenon. With a thoughtful and evidence- based approach by leading international legal scholars and jurists, this book offers a timely analysis given the burgeoning interest in the study of miscarriages of justice across the globe.
This book is useful for all those interested in studying miscarriages of justice, why they occur and how to eliminate or minimize them, including students and professionals involved in criminology, criminal law and innocence work, as well as comparative criminology and legal scholars.
Contents
Foreword
Morris J. Fish
Introduction
Barak Ariel
Part 1: Judicial Perspectives on Wrongful Convictions
Chapter 1. The Pathology of Wrongful Convictions: Perspectives from the Bench
Ian Binnie
Chapter 2. Israeli Criminal Law and Confessions: The "Queen of Evidence" Meets the Talmud
Neal Hendel
Part 2: Factors Contributing to Wrongful Convictions, Detection and Correction
Chapter 3. Police Investigation and False Convictions
Boaz Sangero
Chapter 4. Police Deception: How Lies and Undercover Operations Contribute to False Confessions
Rinat Kitai-Sangero
Chapter 5. Jailhouse Informants in Canadian Courtrooms: Problems and Solutions
Erica M. Giulione and Kathryn M. Campbell
Chapter 6. Eyewitness Identification - Recommendations by the Public Committee for the Prevention of False Convictions and Their Correction
Danziger Committee
Chapter 7. Does the Bystander Look Criminal or Just Familiar? A Laboratory Experiment on Eyewitness Misidentification
Lea Jaeger and Israel Nachson
Chapter 8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful Convictions
Kent Roach
Chapter 9. Forensic Pathology in Canada
John C. Butt
Chapter 10. Three Wrongs Don't Make a Right: On the Near Impossibility of Post-Conviction Forensic Testing in Israel
Rottem Rosenberg-Rubins
Part 3: Post-Conviction Models of Exoneration
Chapter 11. Institutional Models for Exoneration - The Criminal Cases Review Commission
Hannah Quirk
Chapter 12. The North Carolina Innocence Inquiry Commission: An Innovative Approach to Post-Conviction Claims of Factual Innocence
Lindsey Guise Smith
Chapter 13. The Reopening of Criminal Cases in Norway
Siv Hallgren
Chapter 14. The New Zealand Experience: Te Kāhui Tātari Ture - The Criminal Cases Review Commission
Colin Carruthers and Parekawhia McLean
Chapter 15. Miscarriages of Justice in Australia: Unfinished Business
Michael Kirby
Chapter 16. UK Criminal Cases Review Commissions and the Slow Road to Policy Transfer in Canada
Clive P. Walker and Kathryn M. Campbell
Chapter 17. Retrial in Israel: The Need for a Restart
Mordechai Kremnitzer and Gal Harnik Blum
Part 4: Case Studies
Chapter 18. The Interrogation
Hanan Peled and Avigdor Feldman
Chapter 19. The Wilbert Coffin Story: A Miscarriage of Justice?
Michael Rooney, Hanna Irwin, and Kathryn M. Campbell
Legislation
Jurisprudence
Secondary Materials: Articles
Secondary Materials: Monographs
Other Materials
Index
