Full Description
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.
Contents
Introduction, Wojciech Jasiński and Karolina Kremens; 1. Compensation for Wrongful Convictions in England and Wales, Hannah Quirk; 2. Compensation for Wrongful Convictions in Germany, Anna Helena Albrecht; 3. Compensation for Wrongful Convictions in Italy, Simone Lonati; 4. Compensation for Wrongful Convictions in Spain, Juan Carlos Ortiz-Pradillo; 5. Compensation for Wrongful Convictions in the Netherlands, Joost Nan, Nina Holvast and Sjarai Lestrade; 6. Compensation for Wrongful Convictions in Norway, Ulf Stridbeck; 7. Compensation for Wrongful Convictions in Lithuania, Simona Drukteinienė; 8. Compensation for Wrongful Convictions in Poland, Dorota Czerwińska and Artur Kowalczyk; 9. Compensation for Wrongful Convictions in the United States, Meghan J. Ryan; 10. European Standard of Compensation for Wrongful Conviction, Małgorzata Wąsek-Wiaderek; 11. In Quest of the Optimum Model for Compensating Wrongful Convictions, Wojciech Jasiński and Karolina Kremens; Index
