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Miscarriages of Justice

Miscarriages of Justice
  • Author : Brent E. Turvey,Craig M Cooley
  • Publisher :Unknown
  • Release Date :2014-05-19
  • Total pages :416
  • ISBN : 9780124095281
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Summary : 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

Wrongful Convictions and Miscarriages of Justice

Wrongful Convictions and Miscarriages of Justice
  • Author : C. Ronald Huff,Martin Killias
  • Publisher :Unknown
  • Release Date :2013
  • Total pages :431
  • ISBN : 9780415539937
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Summary : This innovative work builds on Huff and Killiase(tm) earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways:ee (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:ee 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.ee

Miscarriages of Justice in Canada

Miscarriages of Justice in Canada
  • Author : Kathryn M. Campbell
  • Publisher :Unknown
  • Release Date :2018-06-12
  • Total pages :544
  • ISBN : 9781487514570
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Summary : 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.

Rethinking Miscarriages of Justice

Rethinking Miscarriages of Justice
  • Author : M. Naughton
  • Publisher :Unknown
  • Release Date :2007-09-05
  • Total pages :233
  • ISBN : 9780230598966
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Summary : 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.

Miscarriages of Justice in Canada

Miscarriages of Justice in Canada
  • Author : Kathryn M. Campbell
  • Publisher :Unknown
  • Release Date :2021
  • Total pages :229
  • ISBN : 9780802094063
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Summary :

Memory and Miscarriages of Justice

Memory and Miscarriages of Justice
  • Author : Mark L. Howe,Lauren M. Knott,Martin A. Conway
  • Publisher :Unknown
  • Release Date :2017-08-16
  • Total pages :206
  • ISBN : 9781317617389
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Summary : 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.

Miscarriages of Justice

Miscarriages of Justice
  • Author : Clive Walker
  • Publisher :Unknown
  • Release Date :1999
  • Total pages :402
  • ISBN : 9781854316875
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Summary : The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

Gringo Nightmare

Gringo Nightmare
  • Author : Eric Volz
  • Publisher :Unknown
  • Release Date :2010-04-27
  • Total pages :304
  • ISBN : 1429925353
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Summary : In the spirit of Midnight Express and Not Without My Daughter comes the harrowing true story of an American held in a Nicaraguan prison for a murder he didn't commit. Eric Volz was in his late twenties in 2005 when he moved from California to Nicaragua. He and a friend cofounded a bilingual magazine, El Puente, and it proved more successful than they ever expected. Then Volz met Doris Jiménez, an incomparable beauty from a small Nicaraguan beach town, and they began a passionate and meaningful relationship. Though the relationship ended amicably less than a year later and Volz moved his business to the capital city of Managua, a close bond between the two endured. Nothing prepared him for the phone call he received on November 21, 2006, when he learned that Doris had been found dead---murdered---in her seaside clothing boutique. He rushed from Managua to be with her friends and family, and before he knew it, he found himself accused of her murder, arrested, and imprisoned. Decried in the press and vilified by his onetime friends, Volz suffered horrific conditions, illness, deadly inmates, an angry lynch mob, sadistic guards, and the merciless treatment of government officials. It was only through his dogged persistence, the tireless support of his friends and family, and the assistance of a former intelligence operative that Eric was released, in December 2007, after more than a year in prison. A story that made national and international headlines, this is the first and only book to tell Eric's absorbing, moving account in his own words. Visit the companion Exhibit Hall at the Gringo Nightmare website for additional photos, audio clips, video, case files, and more.

Wrongful Conviction

Wrongful Conviction
  • Author : C. Ronald Huff,Martin Killias
  • Publisher :Unknown
  • Release Date :2010-01-28
  • Total pages :326
  • ISBN : 9781592136469
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Summary : 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.

Forensic Investigations and Miscarriages of Justice

Forensic Investigations and Miscarriages of Justice
  • Author : Bibi Sangha,Robert N. Moles,Kent Roach
  • Publisher :Unknown
  • Release Date :2010
  • Total pages :447
  • ISBN : 155221186X
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Summary : Miscarriages of justice have been the focus of judicial and public inquiries in Britain, Canada, and Australia. The objective of Forensic Investigations and Miscarriages of Justice is to make clear that, despite the rules laid down by statutes and decided cases to ensure that criminal trials are properly conducted, there are many instances where those rules have not been properly applied. In all three jurisdictions, there have been cases in which investigations have fundamentally miscarried and where expert witnesses have given evidence that has been either fraudulent or wrong. The book reviews how these problem cases are dealt with, and the marked differences between the jurisdictions in the procedures available to identify possible errors. The authors recommend ways to narrow the gap between the rhetoric of impartial forensic science and prosecutions and the re-ality of a growing number of recognized miscarriages of justice, emphasizing that both forensic science and the legal system must change and seek to better understand each other.

When Law Fails

When Law Fails
  • Author : Austin Sarat
  • Publisher :Unknown
  • Release Date :2009-01-01
  • Total pages :359
  • ISBN : 0814762255
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Summary : 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.

Understanding Miscarriages of Justice

Understanding Miscarriages of Justice
  • Author : Richard Nobles,David Schiff (Law professor)
  • Publisher :Unknown
  • Release Date :2000
  • Total pages :279
  • ISBN : UOM:39015048830247
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Summary : When justice is contested and uncertain, how can miscarriage of justice be viewed. This book addresses this question, looking at the relationship between the legal construction of criminal justice, most notably that of trials and appeals.

Miscarriages of Justice

Miscarriages of Justice
  • Author : John J. Eddleston
  • Publisher :Unknown
  • Release Date :2009
  • Total pages :160
  • ISBN : 1845630963
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Summary : It was called the London Season, and for three centuries it had been a time of fashionable suppers and brilliant balls that introduced England's most aristocratic and eligible girls to society. Though by 1939 the stately gavottes and minuets had long since given way to waltzes and fox-trots, the cream of young womanhood still curtsied low before the Queen and then went out to dance the night away with the young men they would one day marry. But the Season of 1939 was different: it was to be the last. And like many a finale, it lives on in memory as a lovely, enchanted dream, all the more beautiful for the horror and destruction that would follow so soon. Based on a wealth of first-hand reminiscences, press clippings, and memorabilia, "1939: The Last Season of Peace" is a fascinating portrait of this fairy tale about to end. Itcaptures the end of an era as it recreates a world whose inhabitants still believed in empire and tradition. It is a vivid picture of a generation suspended in a brief moment of sunlit summer glory, before the gathering storm of World War II swept it all away.

Miscarriages of Justice

Miscarriages of Justice
  • Author : Bibi Sangha,Robert N. Moles
  • Publisher :Unknown
  • Release Date :2015-09-08
  • Total pages :229
  • ISBN : 0409340723
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Summary : 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

Miscarriages of Justice

Miscarriages of Justice
  • Author : Bob Woffinden
  • Publisher :Unknown
  • Release Date :1989
  • Total pages :541
  • ISBN : 0340424060
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Summary :

A Miscarriage of Justice

A Miscarriage of Justice
  • Author : Cassia Roth
  • Publisher :Unknown
  • Release Date :2020
  • Total pages :368
  • ISBN : 1503610470
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Summary :

Misleading DNA Evidence

Misleading DNA Evidence
  • Author : Peter Gill
  • Publisher :Unknown
  • Release Date :2014-06-18
  • Total pages :100
  • ISBN : 9780124172203
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Summary : 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

The Innocent and the Criminal Justice System

The Innocent and the Criminal Justice System
  • Author : Michael Naughton
  • Publisher :Unknown
  • Release Date :2013-06-11
  • Total pages :280
  • ISBN : 9781137341150
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Summary : 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.

Miscarriages of Justice

Miscarriages of Justice
  • Author : Inside Justice
  • Publisher :Unknown
  • Release Date :2014-01
  • Total pages :44
  • ISBN : 0992740819
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Summary : This booklet provides a brief guide for persons accused and/or convicted of crimes they did not commit. The guide is intended for miscarriage of justice victims and those working to overturn the wrongful conviction.

Miscarriages of Justice

Miscarriages of Justice
  • Author : Sir Thomas Murray Thorp
  • Publisher :Unknown
  • Release Date :2005-01-01
  • Total pages :98
  • ISBN : 0908581904
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Summary :

Handbook of Criminal Investigation

Handbook of Criminal Investigation
  • Author : Tim Newburn,Tom Williamson,Alan Wright
  • Publisher :Unknown
  • Release Date :2012-08-21
  • Total pages :736
  • ISBN : 9781136308239
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Summary : This book provides the most comprehensive and authoritative book yet published on the subject of criminal investigation, a rapidly developing area within the police and other law enforcement agencies, and an important sub discipline within police studies. The subject is rarely out of the headlines, and there is widespread media interest in criminal investigation. Within the police rapid strides are being made in the direction of professionalizing the criminal investigation process, and it has been a particular focus as a means of improving police performance. A number of important reports have been published in the last few years, highlighting the importance of the criminal investigation process not only to the work of the police but to public confidence in this. Each of these reports has identified shortcomings in the way criminal investigations have been conducted, and has made recommendations for improvement . The Handbook of Criminal Investigation provides a rigorous and critical approach to not only the process of criminal investigation, but also the context in which this takes place, the theory underlying it, and the variety of factors which influence approaches to it. It will be an indispensable source of reference for anybody with an interest in, and needing to know about, criminal investigation. Contributors to the book are drawn from both practitioners in the field and academics.