Do Any People Exonerated Commit Crimes Again

Conviction of a person for a criminal offence that they did non commit

A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding,[1] such as the conviction and imprisonment of a person for a crime they did not commit.[2] Miscarriages are likewise known as wrongful convictions. Innocent people have sometimes ended up in prison house for years before their conviction has eventually been overturned. They may exist exonerated if new prove comes to lite or it is determined that the constabulary or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.[3]

Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic assay; faux confessions past vulnerable suspects; perjury and lies stated by witnesses; misconduct past law, prosecutors or judges; and/or ineffective help of counsel (e.1000., inadequate defense force strategies by the defendant'south or respondent's legal squad).

The term is non to be confused with "errors of impunity" which applies to cases where a guilty person goes free.

Prevalence [edit]

There are 2 master methods for estimating the prevalence of wrongful convictions.

Exoneration [edit]

The starting time is the number of exonerations where the guilty verdict has been vacated or annulled past a gauge or higher court after new evidence has been brought forward proving the 'guilty' person is, in fact, innocent. Since 1989, the Innocence Project has helped overturn 375 convictions of American prisoners with updated DNA testify.[four] All the same, DNA testing occurs in only 5 to 10% of all criminal cases, and exonerations achieved by the Innocence Project are express to murder and rape cases. This raises the possibility that there may be many more wrongful convictions for which at that place is no prove available to exonerate the accused. Studies cited by the Innocence Projection estimate that between 2.3% and 5% of all prisoners in the U.Southward. are innocent.[5] However, a more contempo study looking at convictions in the state of Virginia during the 1970s and 1980s and matching them to later DNA analysis estimates a charge per unit of wrongful conviction at 11.vi%.[half-dozen]

A 2014 written report published in Proceedings of the National Academy of Sciences made a conservative estimate that 4.1% of inmates awaiting execution on expiry row in the United States are innocent.[seven] [eight]

Self-report [edit]

The second method for estimating wrongful convictions involves self-study. Researchers inquire prisoners whether they have ever confessed to a criminal offence which they did not commit. Self-report allows examination of whatever and all crimes where wrongful conviction may have occurred, not just murder and rape cases where DNA is available. 2 Icelandic studies based on cocky-report conducted 10 years apart found the rates of false confession to be 12.2% and 24.4% respectively. These figures provide a proxy for miscarriages of justice considering "false confessions are highly likely to lead to wrongful convictions".[9] A more recent Scottish study establish the charge per unit of self-reported false confessions among a group of inmates in i prison house was 33.4%.[10]

Another study estimated that up to x,000 people may be wrongfully convicted of serious crimes in the United States each twelvemonth.[11] According to Professor Boaz Sangero of the Higher of Law and Business in Ramat Gan, nigh wrongful convictions in Israel relate to less serious crimes than major felonies such as rape and murder, as judicial systems are less careful in dealing with those cases.[12]

Contributing factors [edit]

Academics believe that vi chief factors contribute to miscarriages of justice.[13] [14] These include eyewitness misidentification, faulty forensic analysis, faux confessions by vulnerable suspects, perjury and lies told by witnesses, misconduct by police force, prosecutors or judges and inadequate defence strategies put forward by the defendant'due south legal squad.[15]

Unreliability of eyewitness testimony [edit]

Eyewitness identifications are notoriously unreliable contributing to lxx% of wrongful convictions.[xv] Starting in the 1970s, psychologists studying retentivity germination and retention found that the way constabulary lineups are conducted can alter an bystander'due south memory of the suspect and this frequently leads to misidentification.[sixteen] Witnesses also have considerable difficulty making accurate identifications with suspects from different ethnic groups such that "the rate of mistaken identification is significantly higher than most people tend to believe".[17] Elizabeth Loftus, a leading researcher in the field, says memory is so unreliable "the cease outcome tin can exist a highly confident witness testifying in a persuasive manner at trial about a detail that is completely faux".[18]

Forensic mistakes [edit]

Contagion [edit]

Wrongful convictions can also occur when items which become evidence at crime scenes go contaminated in the process of packaging, collection and transportation to a secured facility or laboratory. Contagion can be introduced unintentionally past material that was non nowadays when the crime was committed by anyone entering the criminal offense scene later the event - past uninvolved witnesses who may become suspects, and by emergency responders, fire fighters, law officers and offense scene investigators themselves.[19] If proper protocols are not followed, evidence tin can also be contaminated when it is being analyzed or stored. A miscarriage of justice tin occur when procedures to prevent contamination are not carried out carefully and accurately.[20]

Faulty analysis [edit]

The Innocence Project says 44% of wrongful convictions are the upshot of faulty forensic assay. This occurs when forensic experts inadvertently or deliberately misrepresent the significance, validity or reliability of scientific bear witness. Over the years, misrepresentations have been fabricated in the arenas of serological analysis, microscopic hair comparing, and the analysis of bite marks, shoe prints, soil, cobweb, and fingerprints.[15]

Overconfident experts [edit]

Overly confident testimony by expert witnesses can also lead to miscarriages of justice. The credibility of skillful witnesses depends on numerous factors - in detail, their credentials, personal likability and self-confidence which all bear on on how conceivable they are. The conviction with which experts present their testify has also been noted to influence jurors, who tend to presume that a witness who is broken-hearted or nervous is lying.[17] The style in which experts testify may take a greater impact on judges and lawyers who adopt experts who provide clear, unequivocal conclusions.[21]

The credentials and reputation of the expert also have a significant affect on juries. For example, Charles Smith was head of the Ontario Pediatric Forensic Pathology Unit from 1982 and the most highly regarded specialist in his field.[22] His testimony led to the convictions of thirteen women whose children died in unexplained circumstance before information technology came to low-cal that he had "a thing against people who hurt children", and "was on a crusade and acted more like a prosecutor" than a pathologist. An inquiry into his conduct concluded in October 2008 that Smith "actively misled" his superiors, "fabricated simulated and misleading statements" in court and exaggerated his expertise in trials.[23]

False confessions [edit]

The possibility that innocent people would acknowledge to a crime they did not commit seems unlikely - and yet this occurs so often, the Innocence Project found faux confessions contribute to approximately 25% of wrongful convictions in murder and rape cases.[24] Certain suspects are more vulnerable to making a false confession nether police force pressure level. This includes individuals who are intellectually impaired, and those who suffer from mental illness. Saul Kassin, a leading good on false confessions, says that young people are likewise particularly vulnerable to confessing, particularly when stressed, tired, or traumatized.[25]

Coercive interrogation techniques [edit]

Law often employ coercive manipulation techniques when conducting interrogations in hopes of obtaining a confession. In the The states, 1 of these is known equally the Reid Technique after the officer who developed it, John Reid. Introduced in the 1940s and 50s, the strategy relies on deception, compulsion and aggressive confrontation to secure confessions. It became the leading interrogation method used by police force enforcement throughout the United States and has led to countless confessions by innocent people.[26] As of 2014, this technique was still pop with constabulary interrogators even though the strategy produces less data from suspects, provides fewer truthful confessions and more false confessions than less confrontational interviewing techniques.[27]

Perjury and false accusations [edit]

Witnesses in police investigations may lie for a variety of reasons including: personal ill-will towards the defendant, the want to be paid, the desire to become a deal from prosecutors or police, or an effort to deflect attending from a person'due south own involvement in a criminal offence. An innocent person is more likely to exist convicted when one or more witnesses take an incentive to evidence, and those incentives are not disclosed to the jury.[28] According to the National Registry of Exonerations, 57% of cases where the convicted person was somewhen exonerated involves perjury or false accusations.[29]

Prosecutorial misconduct [edit]

This occurs in numerous ways including the darkening or destruction of exculpatory testify; the failure to disembalm exculpatory evidence to the defence; the failure to reveal that certain witnesses have been paid to bear witness; and the planting of incriminating evidence. An Innocence Project study constitute that 25% of DNA exonerations involved testimony that was known to be imitation by the police and another 11% involved the undisclosed use of coerced witness testimony.[30] In other words, over one third of these wrongful convictions involved prosecutorial misconduct.

Role of bias and cognitive distortions [edit]

Confirmation bias is a psychological phenomenon whereby people tend to seek and interpret information in ways that support existing beliefs. Two inter-related mechanisms tend to operate: it begins with a biased interpretation of whatever information is bachelor, followed by selectively searching for information which supports this interpretation.[31] In police investigations, this comes into play when detectives identify a doubtable early on in an investigation, come to believe he or she is guilty, then ignore or downplay other show that points to someone else or doesn't fit their hypothesis about what occurred.[32]

A number of factors contribute to this process. Commencement, law officers often have heavy workloads and, in high-profile cases, often come up under considerable pressure to grab the perpetrator as soon equally possible. This may encourage a rush to judgement - in a procedure described by psychologists equally involving a high need for cognitive closure (NFC) - the want for a clear-cut solution which avoids defoliation and ambiguity.[31]

Second, subsequently spending considerable time and resources trying to build a example against a particular suspect, it becomes difficult for constabulary to acknowledge they may be going down the wrong runway. The embarrassment and loss of prestige that follows from admitting erroneous decisions may motivate investigators to continue down a called path and condone evidence that points in a different management.[31]

Third, criminal investigations are generally theory-driven activities. Investigators tend to evaluate evidence based on their preliminary theories or hypotheses about how, and past whom, a criminal offense was committed. Because of the pressures described above, such hypotheses are sometimes based on the expectations and preconceptions of the investigators rather than on solid facts. A study in the Journal of Investigative Psychology and Offender Profiling found that "criminal investigations which aim at generating testify confirming an ill-founded hypothesis pose serious threats both to the security of innocent citizens and to the effectiveness of the constabulary-enforcement organisation".[31]

Noble crusade corruption [edit]

Police may become convinced a particular suspect is guilty but non accept sufficient evidence to prove information technology. Sometimes they may establish evidence in social club to secure a conviction because they believe it is in the public interest, or that there is a greater practiced, in convicting a detail person. In other words, they believe that the ends (or the outcome) justifies the means. This is known as noble cause corruption.

Plea bargaining [edit]

Another technique used by police is plea bargaining whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt. This generally occurs when the defendant pleads guilty to a less serious charge, or to one of several charges, in return for the dismissal of the master charge; or it may mean that the accused pleads guilty to the main charge in return for a more than lenient sentence.[33]

Compensation for wrongful confidence [edit]

Commodity 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant'due south conviction has been reversed or they have been pardoned, "the person who has suffered penalisation equally a event of such confidence shall be compensated according to constabulary". The right to compensation is also authorised past Article three of Protocol No. seven to the European Convention for the Protection of Human Rights and Primal Freedoms and Article 10 of the American Convention on Man Rights.[34]

Four wide approaches allow for the payment of compensation post-obit a miscarriage of justice: tort liability in common police; claims for a breach of constitutional or human rights; statutory relief where specific legislation exists to recoup individuals who are wrongfully bedevilled; and non-statutory relief past style of ex-gratia schemes based on the largesse of the government.

In a written report of different approaches to the payment of bounty in the Us, the U.k., Canada, Australia and New Zealand, only the Usa and the UK have statutory schemes in place.[35] In the U.s., the federal regime, the District of Columbia, and 38 states have such legislation on their statutes. Twelve states have no laws requiring compensation to exist paid.[36] However, each state differs widely in regard to eligibility requirements, maximum payments, bug concerning factual innocence, the brunt of proof, the behaviour of the claimant which contributed to the (now overturned) conviction, and the claimant's prior criminal history. In some states, statutes of limitations also applies.[37]

The significant benefits of statutory schemes is that they provide money and services in compensation to individuals who have been wrongfully bedevilled without regard to fault or arraign; they practice not crave claimants to prove how the prosecution or police committed their mistakes. [38]

Implications [edit]

The concept of miscarriage of justice has important implications for standard of review, in that an appellate courtroom will frequently only exercise its discretion to correct a plain error when a miscarriage of justice (or "manifest injustice") would otherwise occur. In recent years, Deoxyribonucleic acid evidence has been used to articulate many people falsely convicted.

The take a chance of miscarriages of justice is often cited as a crusade to eliminate the death sentence. When condemned persons are executed before they are adamant to accept been wrongly convicted, the outcome of that miscarriage of justice is irreversible. Wrongly executed people withal occasionally receive posthumous pardons—which substantially void the confidence—or take their convictions quashed.

Even when a wrongly convicted person is not executed, years in prison tin can have a substantial, irreversible outcome on the person and their family unit. The risk of miscarriage of justice is therefore also an argument against long sentences, like a life sentence, and brutal prison conditions.

Consequences [edit]

Wrongful convictions announced at first to be "rightful" arrests and subsequent convictions, and likewise include a public argument about a particular crime having occurred, as well as a particular private or individuals having committed that crime. If the conviction turns out to be a miscarriage of justice, and so i or both of these statements is ultimately deemed to exist false.[39] In cases where a large-scale audience is unknowingly witness to a miscarriage of justice, the news-consuming public may develop false behavior virtually the nature of crime itself. It may also cause the public to falsely believe that certain types of criminal offence exist, or that sure types of people tend to commit these crimes, or that certain crimes are more commonly prevalent than they actually are. Thus, wrongful convictions can ultimately mold a club'due south popular behavior about crime. Considering our understanding of crime is socially constructed, it has been shaped past many factors other than its actual occurrence.[40]

Mass media may also be faulted for distorting the public perception of crime by over-representing sure races and genders as criminals and victims, and for highlighting more sensational and invigorating types of crimes as being more newsworthy. The way a media presents crime-related bug may have an influence not just on a society's fear of crime but likewise on its beliefs well-nigh the causes of criminal behavior and desirability of one or another arroyo to crime control.[41] Ultimately, this may accept a significant affect on critical public beliefs about emerging forms of crime such as cybercrime, global crime, and terrorism.[42]

Some wrongfully sanctioned people bring together organizations like the Innocence Project and Witness to Innocence to publicly share their stories, as a mode to counteract these media distortions and to advocate for diverse types of criminal justice reform.[43]

There are unfavorable psychological furnishings to those who were wrongfully sanctioned, even in the absence of any public knowledge. In an experiment, participants significantly reduced their pro-social behavior later on existence wrongfully sanctioned. As a effect there were negative effects for the entire grouping.[44] The extent of wrongful sanctions varies betwixt societies.[45]

When a crime occurs and the incorrect person is convicted for information technology, the actual perpetrator goes gratis and often goes on to commit boosted crimes, including hundreds of cases of violent crime.[46] A 2019 study estimated that "the wrong‐person wrongful convictions that occur annually [in the Usa] may lead to more than than 41,000 boosted crimes".[47]

Past state [edit]

Canada [edit]

A series of miscarriages of justice in Canada take led to reforms of the state's criminal justice system. In 1972, Donald Marshall, Jr., a Mi'kmaq man, was wrongly convicted of murder. Marshall spent xi years in jail before being acquitted in 1983.[48] The case led to questions about the fairness of the Canadian justice system, especially given that Marshall was an Aboriginal: every bit the Canadian Broadcasting Corporation put it, "The name Donald Marshall is nigh synonymous with 'wrongful conviction' and the fight for native justice in Canada."[49] Marshall received a lifetime alimony of $1.5 million in compensation[fifty] and his confidence resulted in changes to the Canada Evidence Act so that any evidence obtained by the prosecution must exist presented to the defence force on disclosure.

In 1992, Guy Paul Morin was convicted of the 1984 rape and murder of an 8-year-old girl and was sentenced to life imprisonment. In 1995, new testing of DNA evidence showed Morin could not have been the murderer, and the Ontario Court of Entreatment overturned his conviction.[51] The case has been described as "a compendium of official error — from inaccurate bystander testimony and constabulary tunnel vision, to scientific bungling and the suppression of evidence."[52] Morin received $1.25 million in compensation from the Ontario regime.[51]

China [edit]

A series of wrongful convictions uncovered in the 2010s has undermined public trust in the Chinese justice organization.[53] [54] [55]

Netherlands [edit]

In response to two overturned cases, the Schiedammerpark murder case and the Putten murder, the Netherlands created the "Posthumus I committee" which analyzed what had gone incorrect in the Schiedammerpark murder case. The committee concluded that confirmation bias led the police to ignore and misinterpret scientific show, specifically DNA. Subsequently, the Posthumus Two committee investigated whether injustice occurred in similar cases. The committee received 25 applications from concerned and involved scientists and selected three for farther investigation: the Lucia de Berk case, the Ina Post case, and the Enschede incest case. In those 3 cases, contained researchers (professors Wagenaar, van Koppen, Israëls, Crombag, and Derksen) concluded that confirmation bias and misuse of complex scientific bear witness led to miscarriages of justice.

Espana [edit]

The Constitution of Espana guarantees bounty in cases of miscarriage of justice.

United Kingdom [edit]

In the United Kingdom a jailed person, whose conviction is quashed, might be paid bounty for the time they were incarcerated. This is currently limited past statute to a maximum sum of £1,000,000 for those who accept been incarcerated for more than than x years and £500,000 for any other cases,[56] with deductions for the cost of nutrient and prison cell during that fourth dimension.[57] See likewise Overturned convictions in the United Kingdom.

Richard Foster, the Chairman of the Criminal Cases Review Commission (CCRC), reported in October 2018 that the single biggest crusade of miscarriage of justice was the failure to disclose vital evidence.[58]

England, Wales and Northern Ireland [edit]

Paddy Hill from the Birmingham Six in 2015. He is seen here addressing an audience as to his advocacy in fighting miscarriages of justice

Until 2005, the parole organization assumed all bedevilled persons were guilty, and poorly handled those who were not. To be paroled, a bedevilled person had to sign a document in which, among other things, they confessed to the crime for which they were convicted. Someone who refused to sign this declaration spent longer in jail than someone who signed it. Some wrongly convicted people, such as the Birmingham Half dozen, were refused parole for this reason. In 2005 the system changed, and began to parole prisoners who never admitted guilt.

English constabulary has no official means of correcting a "perverse" verdict (conviction of a defendant on the basis of insufficient evidence). Appeals are based exclusively on new evidence or errors past the approximate or prosecution (but not the defence), or jury irregularities. A reversal occurred, however, in the 1930s when William Herbert Wallace was exonerated of the murder of his wife. There is no right to a trial without jury (except during the troubles in Northern Ireland or in the case where there is a significant run a risk of jury-tampering, such equally organised criminal offence cases, when a judge or judges presided without a jury).

During the early 1990s, a series of loftier-profile cases turned out to exist miscarriages of justice. Many resulted from police fabricating prove to convict people they thought were guilty, or simply to get a high conviction rate. The Due west Midlands Serious Crime Squad became notorious for such practices, and was disbanded in 1989. In 1997 the Criminal Cases Review Commission[59] was established specifically to examine possible miscarriages of justice. However, it notwithstanding requires either strong new bear witness of innocence, or new proof of a legal error by the judge or prosecution. For example, just insisting on one's innocence, asserting the jury made an error, or stating there was not plenty evidence to prove guilt, is not enough. Information technology is non possible to question the jury's decision or query on what matters it was based. The waiting list for cases to exist considered for review is at least two years on average.[ citation needed ]

In 2002, the Northern Ireland Court of Entreatment fabricated an exception to who could avail of the right to a fair trial in R v Walsh: "... if a defendant has been denied a fair trial information technology will almost be inevitable that the conviction will exist regarded unsafe, the nowadays case in our view constitutes an exception to the general rule. ... the conviction is to be regarded every bit safe, even if a alienation of Article six(1) were held to have occurred in the nowadays case." [threescore] (See Christy Walsh (Case).)

Scotland [edit]

The Criminal Entreatment (Scotland) Act 1927 increased the jurisdiction of the Scottish Court of Criminal Appeal following the miscarriage of justice surrounding the Trial of Oscar Slater.

Reflecting Scotland's own legal arrangement, which differs from that of the rest of the United Kingdom, the Scottish Criminal Cases Review Commission (SCCRC) was established in April 1999. All cases accepted past the SCCRC are subjected to a robust and thoroughly impartial review before a decision on whether or non to refer to the Loftier Court of Justiciary is taken.

United States [edit]

Gravestone of George Johnson who was unjustly hanged in Arizona.

In June 2012, the National Registry of Exonerations, a joint project of the University of Michigan Law School and Northwestern Academy Pritzker School of Law, initially reported 873 individual exonerations in the U.S. from January 1989 through February 2012; the study called this number "tiny" in a state with 2.3 one thousand thousand people in prisons and jails, just asserted that there are far more false convictions than exonerations.[61] Past 2015, the number of individual exonerations was reported as ane,733, with 2015 having the highest annual number of exonerations since 1989.[62] By 2019, the number had risen to 1,934 individuals.[63] twenty individuals have been exonerated while on death row due to Dna evidence.[63]

Co-ordinate to a 2020 report by the National Registry of Exonerations, official misconduct contributed to 54% of all wrong convictions. The study only counted misconduct when information technology directly contributed to the convictions, such as the generation of false evidence or concealment of prove of innocence.[64]

At least 21 states in the U.South. do not offer compensation for wrongful imprisonment.[65]

The Innocence Project works to exonerate people in the United states of america who have been wrongfully bedevilled of criminal offence. It has estimated that 1 pct of all U.S. prisoners are innocent. With the number of incarcerated Americans being approximately 2.4 one thousand thousand, past that guess as many equally 20,000 people may exist incarcerated every bit a result of wrongful confidence.[66]

Research into the effect of wrongful convictions have led to the use of methods to avoid wrongful convictions, such as double-blind eyewitness identification.[67] Leading causes of wrongful convictions in the United States include snitches[68] and unscientific forensics.[69] [70] Other causes include law and prosecutorial misconduct.[71] [72]

See also [edit]

  • Alford plea
  • Error of impunity
  • False accusations
  • Faux accusation of child sexual abuse
  • False confession
  • Innocent prisoner'due south dilemma
  • Legal abuse
  • Perverting the grade of justice
  • Police misconduct
  • Presumption of guilt

Specific cases [edit]

  • List of miscarriage of justice cases
  • List of wrongful convictions in the United states
  • List of exonerated death row inmates

Notes and references [edit]

  1. ^ "United States 5. Olano, 507 U.S. 725 (1993)". U.Southward. Supreme Court. Harvard Police School. April 26, 1993. p. 736. In our collateral review jurisprudence, the term 'miscarriage of justice' means that the defendant is actually innocent.
  2. ^ Garner, Bryan A. (June 25, 2009). miscarriage of justice (9th ed.). Black'due south Law Lexicon. p. 1088. ISBN978-0-314-19949-ii . Retrieved November 5, 2018. A grossly unfair outcome in a judicial proceeding, equally when a defendant is convicted despite a lack of evidence on an essential element of the crime. — Also termed a failure of justice.
  3. ^ Compensating The Wrongly Convicted, Innocence Project
  4. ^ DNA Exonerations in the Us, Innocence Projection
  5. ^ How many Innocent people are there in prison, The Innocence Project, Wayback machine
  6. ^ Kelly Walsh, Jeanette Hussemann, Abigail Flynn, Jennifer Yahner, Laura Golian (2017). Estimating the Prevalence of Wrongful Conviction (PDF) (Report). US Section of Justice. {{cite report}}: CS1 maint: uses authors parameter (link)
  7. ^ Dina Fine Maron. "Many Prisoners on Death Row are Wrongfully Convicted". Scientific American.
  8. ^ Gross, Samuel R.; O'Brien, Barbara; Hu, Chen; Kennedy, Edward H. (May 20, 2014). "Charge per unit of false confidence of criminal defendants who are sentenced to death". Proceedings of the National Academy of Sciences. 111 (20): 7230–7235. Bibcode:2014PNAS..111.7230G. doi:ten.1073/pnas.1306417111. ISSN 0027-8424. PMC4034186. PMID 24778209.
  9. ^ Leo, Richard A.; Davis, Deborah (March 2010). "From False Confession to Wrongful Confidence: 7 Psychological Processes". The Periodical of Psychiatry & Law. 38 (ane–2): 9–56. doi:10.1177/009318531003800103. ISSN 0093-1853. S2CID 145315052.
  10. ^ Gudjonsson, Gisli Hannes; Gonzalez, Rafael A.; Young, Susan (March ane, 2021). "The Chance of Making False Confessions: The Role of Developmental Disorders, Conduct Disorder, Psychiatric Symptoms, and Compliance". Journal of Attention Disorders. 25 (v): 715–723. doi:10.1177/1087054719833169. ISSN 1087-0547. PMID 30895906. S2CID 84843291.
  11. ^ "Qualitatively Estimating the Incidence of Wrongful Convictions" (PDF). , Criminal Law Bulletin 48(2) [2012] 221—279
  12. ^ "How Y'all Could Country in Jail for Committing No Crime". Haaretz.
  13. ^ Leo, Richard A. (August 2005). "Rethinking the Study of Miscarriages of Justice: Developing a Criminology of Wrongful Confidence". Journal of Contemporary Criminal Justice. 21 (iii): 201–223. doi:10.1177/1043986205277477. ISSN 1043-9862. S2CID 143830817.
  14. ^ Faux Confessions: Causes, Consequences, and Implications, Richard A. Leo, Journal of the American University of Psychiatry and the Law Online September 2009, 37 (3) 332-343;
  15. ^ a b c Duncan, Colby (2019) "Justifying Justice: Six Factors of Wrongful Convictions and Their Solutions"
  16. ^ Garrett, Brandon Fifty. (Jan 13, 2020). "Wrongful Convictions". Almanac Review of Criminology. 3 (ane): 245–259. doi:ten.1146/annurev-criminol-011518-024739. ISSN 2572-4568. S2CID 243044157.
  17. ^ a b Ralph Slovenko, Testifying with Conviction, J Am Acad Psychiatry Law, Vol. 27, No. one, 1999
  18. ^ Loftus, Elizabeth F. (April 2019). "Eyewitness testimony". Applied Cognitive Psychology. 33 (iv): 498–503. doi:10.1002/acp.3542. ISSN 0888-4080. S2CID 242557432.
  19. ^ II, Glenn Due west. Suter; Efroymson, Rebecca A.; Sample, Bradley Eastward.; Jones, Daniel S. (April 21, 2000). Ecological Risk Assessment for Contaminated Sites. CRC Press. ISBN978-1-4200-5669-3.
  20. ^ Giannelli, Paul. C (March seven, 2006). "Wrongful Convictions and Forensic Scientific discipline". Faculty Publications . Retrieved Nov xviii, 2014.
  21. ^ Robert J. Cramer, Stanley L. Brodsky and Jamie DeCoster. Skillful Witness Confidence and Juror Personality: Their Impact on Credibility and Persuasion in the Court. Periodical of the American Academy of Psychiatry and the Police force Online March 2009, 37 (1) 63-74;
  22. ^ Charles Smith scandal: How a mother wrongly accused of killing her son fought dorsum. CBC Radio, Jan 12, 2017
  23. ^ Dr. Charles Smith: The man backside the public inquiry. Cbc.ca. CBC News, eight December 2009.
  24. ^ Enquiry Resources, Innocence Project.
  25. ^ This psychologist explains why people confess to crimes they didn't commit, Scientific discipline 13 June 2019
  26. ^ The Seismic Change in Police Interrogations, Marshall Project, three July 2017.
  27. ^ Vrij, Aldert (2019). "Deception and truth detection when analyzing nonverbal and verbal cues". Applied Cognitive Psychology. 33 (2): 160–167. doi:x.1002/acp.3457. ISSN 1099-0720. S2CID 149626700.
  28. ^ Causes of Wrongful Conviction, Western Michigan University
  29. ^ Perjury, Innocence Projection New Orleans.
  30. ^ Garrett, Brandon L. (2020). "Wrongful Convictions". Annual Review of Criminology. 3: 245–259. doi:ten.1146/annurev-criminol-011518-024739. S2CID 243044157.
  31. ^ a b c d Motivational Sources of Confirmation Bias in Criminal Investigations: The Demand for Cognitive Closure, J. Investig. Psych. Offender Profil. 2: 43–63 (2005)
  32. ^ O'Brien, B. (2009), "Prime suspect: An examination of factors that beal and counteract confirmation bias in criminal investigations", Psychology, Public Policy, and Law, 15 (iv): 315–34, doi:10.1037/a0017881
  33. ^ Garner, Bryan A., ed. (2000). Black's law dictionary (7th ed.). St. Paul, Minn.: West Group. p. 1173. ISBN978-0-314-24077-4.
  34. ^ Jamil Ddamulira Mujuzi1. The Correct to Bounty for Wrongful Conviction/Miscarriage of Justice in International Law. International Human being Rights Law Review, 30 Nov 2019
  35. ^ Dr Myles Frederick McLellan, Innocence Compensation: An International Comparative Analysis on Bounty for Wrongful Convictions and Miscarriages of Justice. Ontario Canada
  36. ^ Compensating The Wrongly Convicted, Innocence Projection
  37. ^ Dr Myles Frederick McLellan, Innocence Compensation: An International Comparative Analysis on Compensation for Wrongful Convictions and Miscarriages of Justice. Ontario Canada
  38. ^ Dr Myles Frederick McLellan, Innocence Compensation: An International Comparative Analysis on Compensation for Wrongful Convictions and Miscarriages of Justice. Ontario Canada
  39. ^ Edmond, M. (2002). "Constructing Miscarriages of Justice: Misunderstanding Scientific Evidence in High Contour Criminal Appeals". Oxford Journal of Legal Studies. 22 (1): 53–89. doi:10.1093/ojls/22.1.53.
  40. ^ Rafter, Due north. (1990). "The Social Construction of Offense and Crime Control". Periodical of Research in Offense and Delinquency. 27 (4): 376–389. doi:10.1177/0022427890027004004. S2CID 145629782.
  41. ^ Haney, C. (2005). Death by Design: Capital letter Penalisation as a Social Psychological System . Oxford: Oxford Academy Printing. ISBN978-0-xix-518240-eight.
  42. ^ Manning, P.Chiliad. (2003). Policing Contingencies . Chicago, IL: Academy of Chicago Press. ISBN9780226503516.
  43. ^ Rajah, Valli (2021). "Enhancing the tellability of death-row exoneree narratives: Exploring the role of rhetoric". Penalisation & Society: 1–19.
  44. ^ Grechenig, Nicklisch & Thoeni, Punishment Despite Reasonable Incertitude – A Public Goods Experiment with Sanctions under Dubiety, Journal of Empirical Legal Studies (JELS) 2010, vol. 7 (4), p. 847-867 (ssrn).
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Further reading [edit]

  • Jed S. Rakoff, "Jailed by Bad Science", The New York Review of Books, vol. LXVI, no. 20 (19 December 2019), pp. 79–80, 85. According to Judge Rakoff (p. 85), "forensic techniques that in their origin were simply viewed as aids to police investigations have taken on an importance in the criminal justice system that they frequently cannot support. Their results are portrayed... as possessing a degree of validity and reliability that they simply do not have." Rakoff commends (p. 85) the U.S. National Academy of Sciences recommendation to "creat[eastward] an independent National Found of Forensic Science to do the basic testing and promulgate the basic standards that would brand forensic science much more genuinely scientific."

External links [edit]

  • "Definition of miscarriage of justice". Merriam-Webster.

wagnersirche.blogspot.com

Source: https://en.wikipedia.org/wiki/Miscarriage_of_justice

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