This edited international collection explores the nature and extent of wrongful convictions, as well as examining 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.
The 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.
Foreword
Justice Morris Fish (Canada)
Introduction
Professor Barak Ariel (Israel)
Part 1: Judicial Perspectives on Wrongful Convictions
Chapter 1. The Pathology of Wrongful Convictions: Perspectives From the Bench
Justice Ian Binnie (Canada)
Chapter 2. Israeli Criminal Law and Confessions: The “Queen of Evidence” Meets the Talmud
Justice Neal Hendel (Israel)
Part 2: Factors Contributing to Wrongful Convictions, Detection and Correction
Chapter 3. Police Investigations and False confession
Prof. Boaz Sangero (Israel)
Chapter 4. Police Deception: How Lies and Undercover Operations Contribute to False Confessions
Prof. Kitai-Sangero (Israel)
Chapter 5. Jailhouse Informants in Canadian Courtrooms: Problems and Solutions
Erica Guillione and Prof. Kathryn Campbell (Canada)
Chapter 6. Eyewitness Identification - Recommendations by the Public Committee for the Prevention of False Convictions and Their Correction
Danziger Committee Report (Israel)
Chapter 7. Does the Bystander look Criminal or Just Familiar? A Laboratory Experiment on Eyewitness Misidentification
Professor Lea Jaeger and Israel Nachson (Israel)
Chapter 8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful Convictions
Prof. Kent Roach (Canada)
Chapter 9. Forensic Pathology in Canada
John Butt (Canada)
Chapter 10. Three wrongs don’t make a right: On the near impossibility of post-conviction forensic testing in Israel
Prof. Rottem Rosenberg-Rubins (Israel)
Part 3: Post Conviction Models of Exoneration
Chapter 11. Institutional Models for Exoneration – The Criminal Cases Review Commission
Prof. Hannah Quirk (UK)
Chapter 12. The North Carolina Innocence Inquiry Commission: An Innovative Approach to Post-Conviction Claims of Factual Innocence
Lindsey Guise Smith (USA)
Chapter 13. The Reopening of Criminal Cases in Norway
Prof. Siv Hallgren (Norway)
Chapter 14. The New Zealand Experience: Te Kāhui Tātari Ture/The Criminal Cases Review Commission
Colin Carruthers and Parekawhia McLean (New Zealand)
Chapter 15. Miscarriages of Justice in Australia: Unfinished Business
The Hon. Michael Kirby AC CMG (Australia)
Chapter 16. UK Criminal Cases Review Commission and the Slow Road to Policy Transfer in Canada
Professor Clive Walker and Professor Kathryn Campbell (Canada)
Chapter 17. Retrial in Israel: A Need for a Restart
Prof. Mordechai Kremnitzer and Gal Harnik Blum (Israel)
Part 4: Case Studies
Chapter 18. The Interrogation
Hanan Peled and Avidgor Feldman (Israel)
Chapter 19. The Wrongful Conviction of Jens Soering
Professor Irwin Cotler (USA)
Chapter 20. The Wilbert Coffin Story: A Miscarriage of Justice?
Michael Rooney, Hanna Irwin and Professor Kathryn M. Campbell (Canada)
References
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