scholarly journals Miscarriages of Justice in Canada: Causes, Responses, Remedies (Kathryn M. Campbell)

2020 ◽  
Vol 1 (1) ◽  
pp. 147-150
Author(s):  
Jonathan Freedman
Keyword(s):  
Law Students ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
The Future ◽  
Book Covers

This book covers a great deal of material related to wrongful conviction or as the book terms it miscarriages of justice.  As the subtitle says, the book deals with the causes, responses, and remedies.  There is a wealth of information in the book that could serve as an introduction to this very important topic. It would be appropriate as a textbook for a course for undergraduates or even graduates or law students who want to learn about what causes wrongful convictions and how to prevent them from happening in the future. In that sense the book is a successful venture written by a very knowledgeable person and presented in a logical, thorough way.   

The Criminology of Wrongful Conviction

2016 ◽  
Vol 33 (1) ◽  
pp. 82-106 ◽  
Author(s):  
Richard A. Leo
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Cause Analysis ◽  
Academic Field ◽  
Root Cause ◽  
Improve Accuracy ◽  
Current Article ◽  
To Come

This article reflects on the author’s 2005 article, “Rethinking the Study of Miscarriages of Justice,” which sought to describe what scholars empirically knew at that time about the phenomenon, causes, and consequences of wrongful convictions in America. The 2005 article argued that the study of wrongful convictions constituted a coherent academic field of study and set forth a vision for a more sophisticated, insightful, and generalizable criminology of wrongful conviction. In this current article, the author revisits the ideas first developed in “Rethinking the Study of Miscarriages of Justice” to evaluate what scholars have learned about wrongful convictions in the last decade, and what challenges lie ahead for developing a more robust criminology of wrongful conviction. The article concludes that there have been significant theoretical, methodological, and substantive advances in the last decade, but that a root cause analysis of wrongful convictions has yet to come to fruition and urges empirical scholars to begin to study other sources of error and inaccuracy in the criminal justice system. Scholars should develop a criminology of erroneous outcomes, not just of erroneous conviction. By studying both sets of outcomes, scholars can improve accuracy and reduce errors across the board.

The Nature of Applications to the Commission

2019 ◽  
pp. 68-84
Author(s):  
Carolyn Hoyle ◽  
Mai Sato
Keyword(s):  
Expert Testimony ◽  
Human Error ◽  
Due Process ◽  
Wrongful Conviction ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Wrongful Convictions ◽  
Extant Literature ◽  
The Past ◽  
Process Failures

This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential flaws of applications presented to the Commission, such as those relating to investigations conducted by police and prosecutors. It also reviews the extant literature on the sources of wrongful conviction to explain the range of possible misconduct and legal, scientific, or human error that might lead to an applicant being wrongfully convicted, or to believing themselves to be so. A number of sex cases and ‘expert evidence’ cases are discussed to illustrate the fallibility of witnesses, vulnerable suspects, the fallibility of science and expert testimony, due process failures, and the pervasive influence of prejudice and fear. The chapter concludes with some reflections on the changing nature of wrongful convictions over the past decade or two.

scholarly journals Reaching and Teaching Millennials: Designing the Future of Student Services

2018 ◽  
Vol 18 (4) ◽  
pp. 219-226
Author(s):  
Brian Detweiler ◽  
Kimberly Mattioli ◽  
Mike Martinez
Keyword(s):  
United States ◽  
Technological Change ◽  
Student Services ◽  
Strategic Plan ◽  
The United States ◽  
Law Students ◽  
Library Services ◽  
Positive Relationships ◽  
The Future ◽  
Successes And Failures

AbstractToday's students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their student populations, creating and evaluating various student-centred instructional programmes, and in establishing a strategic plan to meet the needs of millennial law students.

scholarly journals Lawyers of the future: Creating aspirations, forging connections and facilitating professional links in rural and regional contexts

2014 ◽  
Author(s):  
Sher Campbell ◽  
Katherine Lindsay
Keyword(s):  
Metropolitan Areas ◽  
Law School ◽  
Law Students ◽  
Professional Service ◽  
Legal Practice ◽  
Law Schools ◽  
The Third ◽  
Third Phase ◽  
The Future ◽  
Future Program

In recent years, the Australian legal profession, government policymakers and the nation’s law schools have evinced concern about the future of legal practice beyond metropolitan areas. The issues and suggested responses have been debated in various fora amongst the stakeholders. This paper explores the way in which one regional law schoolwith a distinctive approach to legal education has responded to these issues from an educational and pastoral perspective. Newcastle Law School established its Lawyers of the Future program in 2009. Lawyers of the Future is a multi-faceted initiative, which promotes professional partnerships with the secondary education sector through the Schools’ Visit program, and partnerships with rural and regional professionals through active connections in those areas. The third phase of the Lawyers of the Future program will be the development of rural and regional legal placement sites for senior law students enrolled in Newcastle’s Professional program.Whilst the Lawyers of the Future program has three distinctive and interrelated elements and objectives, it is the placement program that provides the lynchpin. Such a placement program, which is innovative in itself, has a greater educational purpose: the experience of practice in rural and regional areas, together with the process of subsequent engaged and critical reflection, will contribute meaningfully to the development of students’ professional personae in ways which will support an ethos of professional service beyond the narrow confines of practice in the metropolis for the legal conglomerates. 

scholarly journals Preparing Law Students for the Future of Work, Technology, and Globalization

2020 ◽  
pp. 1-11
Author(s):  
Tashfeen Ahmad
Keyword(s):  
Best Practices ◽  
Law Students ◽  
Future Of Work ◽  
Emerging Trends ◽  
The Future ◽  
Law Student ◽  
Law Degree ◽  
Insight Into

This paper aims to assist lecturers, universities, and their administrators in improving their law degrees. This is in the context of the future of work. This paper will reflect on how to tailor a law degree to improve the employability of students with this degree. This piece emerged as a viewpoint to identify best practices to prepare a law student for better employability. Significant benefits and opportunities can be unlocked if educators apply and incorporate the findings from this piece. Educators should rethink how they deliver law degrees, keeping in mind the emerging trends in their respective job markets. This paper offers insight into how to tailor an exciting law programme for the future of work.

scholarly journals Reforming Scottish Criminal Procedure: In Search of Process Values

2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Pamela R. Ferguson
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Moral Authority ◽  
The State ◽  
Criminal Trial ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Illegal Migrant ◽  
Fact Finding ◽  
Normative Account

Recent proposals to reform Scottish criminal procedure are motivated by considerations of efficiency and accurate fact-finding, and there is little attempt to offer a normative account. This paper describes these proposals and contends that their emphasis on finding ‘the truth’ is misplaced on two distinct bases: (1) it equates erroneous acquittals to wrongful convictions, thus fails to uphold a fundamental tenet of criminal procedure, namely the particular importance of protecting the innocent against wrongful conviction; and (2) it fails to recognise the importance of non-instrumental process values which are at the heart of the adversarial criminal trial.  The paper suggests that it is only by adhering to these process values that the state maintains – and demonstrates that it maintains – its moral authority to condemn and punish offenders.Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion.

Prosecutor Risk, Maturation, and Wrongful Conviction Practice

2017 ◽  
Vol 42 (03) ◽  
pp. 648-676
Author(s):  
Kay L. Levine ◽  
Ronald F. Wright
Keyword(s):  
Cognitive Biases ◽  
Maturation Process ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Academic Literature ◽  
State Prosecutors ◽  
Over Time

In this article we rethink the connection between prosecutorial experience and conviction psychology that undergirds much of the academic literature about wrongful convictions. The conviction psychology account of prosecutorial behavior asserts that prosecutorial susceptibility to cognitive biases deepens over time, thereby increasing the risk that prosecutors will become involved in wrongful convictions the longer they stay in the profession. Our interviews with more than 200 state prosecutors call into question the basis for this asserted correlation between prosecutorial experience and risk of misconduct. The prosecutors we met consistently reported that, all else equal, prosecutors tend to become more balanced, rather than more adversarial, over time. Hence, the prosecutors who present the greatest risk of producing a wrongful conviction are those who are either inexperienced or resistant to the normal maturation process. For this reason, we suggest that wrongful conviction researchers and database designers pay closer attention to the variables associated with prosecutorial experience and resistance that might affect the development of prosecutorial maturity and the consequent risk of wrongful convictions.

scholarly journals Edwin Borchard’s Innocence Project

2020 ◽  
Vol 1 (1) ◽  
pp. 124-146
Author(s):  
Marvin Zalman
Keyword(s):  
Twentieth Century ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Legal Scholarship ◽  
Progressive Movement ◽  
Main Work ◽  
Early Twentieth Century ◽  
Innocence Project ◽  
Compensation Law

The article recognizes the life and work of Edwin Montefiore Borchard, the founder of US innocence scholarship, as fitting for the Wrongful Conviction Law Review’s inaugural issue. The sources of his scholarship are located in his life and times in the early twentieth century US Progressive movement. The links between Borchard's other legal scholarship and his wrongful conviction writings are explained. Borchard's writings and advocacy leading to his main work, Convicting the Innocent, and passage of the federal exoneree compensation law are described. The article concludes that Borchard's lasting legacy is to refute innocence denial, a deeply help belief that wrongful convictions never occur or are vanishingly rare. 

scholarly journals The Narrow Road to Exoneration - the Incidence, Characteristics and Outcomes of Wrongful Conviction Claims in Sweden over a One-Year Period

2018 ◽  
Vol 5 (2) ◽  
pp. 131
Author(s):  
Sara Hellqvist
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Review Process ◽  
Wrongful Conviction ◽  
Criminal Cases ◽  
Wrongful Convictions ◽  
The Road ◽  
Pass Through ◽  
Narrow Road ◽  
One Year

One way of investigating the phenomenon of wrongful convictions is to study the road to exoneration. In some respects, the post-conviction review process lies at the heart of the wrongful conviction issue, since this is where alleged miscarriages of justice are either acknowledged or rejected. However, the number and characteristics of the criminal cases that pass through the Swedish post-conviction review process are unknown. Against this background, the overarching objective of the present article is to provide an empirical basis for an informed discussion of wrongful convictions. More specifically, this article examines wrongful conviction claims and the judicial outcomes of these claims over a one-year period. The findings are discussed in relation to the view that the operation of the post-conviction process may be understood as a means by which the legal system may preserve its legitimacy. It is also discussed why there is a need for more transparency in this particular part of the criminal justice system.

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