Wrongful Convictions and the Criminalization of Innocence

International Perspectives on Contributing Factors, Models of Exoneration and Case Studies
1. Auflage 2025
ISBN: 978-0-367-43977-4
Verlag: Taylor & Francis

Buch, Englisch, 572 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 1220 g

Reihe: Directions and Developments in Criminal Justice and Law

This edited international collection explores the nature and extent of wrongful convictions, as well as examines 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.

This 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.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Campbell, Kathryn M

Ariel, Barak

Horovitz, Anat

Cotler, Irwin

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung

Inhaltsverzeichnis

Foreword

Morris J. Fish

Introduction

Barak Ariel

Part 1: Judicial Perspectives on Wrongful Convictions

Chapter 1. The Pathology of Wrongful Convictions: Perspectives from the Bench

Ian Binnie

Chapter 2. Israeli Criminal Law and Confessions: The “Queen of Evidence” Meets the Talmud

Neal Hendel

Part 2: Factors Contributing to Wrongful Convictions, Detection and Correction

Chapter 3. Police Investigation and False Convictions

Boaz Sangero

Chapter 4. Police Deception: How Lies and Undercover Operations Contribute to False Confessions

Rinat Kitai-Sangero

Chapter 5. Jailhouse Informants in Canadian Courtrooms: Problems and Solutions

Erica M. Giulione and Kathryn M. Campbell

Chapter 6. Eyewitness Identification – Recommendations by the Public Committee for the Prevention of False Convictions and Their Correction

Danziger Committee

Chapter 7. Does the Bystander Look Criminal or Just Familiar? A Laboratory Experiment on Eyewitness Misidentification

Lea Jaeger and Israel Nachson

Chapter 8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful Convictions

Kent Roach

Chapter 9. Forensic Pathology in Canada

John C. Butt

Chapter 10. Three Wrongs Don’t Make a Right: On the Near Impossibility of Post-Conviction Forensic Testing in Israel

Rottem Rosenberg-Rubins

Part 3: Post-Conviction Models of Exoneration

Chapter 11. Institutional Models for Exoneration – The Criminal Cases Review Commission

Hannah Quirk

Chapter 12. The North Carolina Innocence Inquiry Commission: An Innovative Approach to Post-Conviction Claims of Factual Innocence

Lindsey Guise Smith

Chapter 13. The Reopening of Criminal Cases in Norway

Siv Hallgren

Chapter 14. The New Zealand Experience: Te Kahui Tatari Ture – The Criminal Cases Review Commission

Colin Carruthers and Parekawhia McLean

Chapter 15. Miscarriages of Justice in Australia: Unfinished Business

Michael Kirby

Chapter 16. UK Criminal Cases Review Commissions and the Slow Road to Policy Transfer in Canada

Clive P. Walker and Kathryn M. Campbell

Chapter 17. Retrial in Israel: The Need for a Restart

Mordechai Kremnitzer and Gal Harnik Blum

Part 4: Case Studies

Chapter 18. The Interrogation

Hanan Peled and Avigdor Feldman

Chapter 19. The Wilbert Coffin Story: A Miscarriage of Justice?

Michael Rooney, Hanna Irwin, and Kathryn M. Campbell

Legislation

Jurisprudence

Secondary Materials: Articles

Secondary Materials: Monographs

Other Materials

Index

Über Autor(innen)

Kathryn M. Campbell is Professor of Criminology at the University of Ottawa, Ontario, Canada. She holds a B.A. in Psychology (McGill), an M.Phil in Criminology (Cantab), a Ph.D. in Criminology (Universite de Montreal) and a BCL/LLB (McGill). Professor Campbell has long been interested in studying social justice, including issues of equality and rights under the law, for various individuals and groups. Professor Campbell has published extensively in the areas of miscarriages of justice, young persons and criminal law, and Indigenous justice issues.

Barak Ariel is a Professor at the Institute of Criminology, Faculty of Law at the Hebrew University of Jerusalem and Professor of Experimental Criminology at the University of Cambridge. He is the current Director of the Police Executive Cambridge at the University of Cambridge. His research interests lie in the areas of policing, victimology and law and society.

Anat Horovitz is a faculty member of the Hebrew University Faculty of Law, where she teaches Criminal Procedure and serves as the Academic Director of the Innocence Clinic. Anat stepped down from her ten-year position as Deputy Head of Israel’s Public Defender’s Office in 2022, was a member of the Public Committee on Wrongful Convictions and Miscarriages of Justice (2018–2022) and served on the Advisory Committee to the Minister of Justice on Criminal Procedure (2005–2012, 2018–2022). Anat holds an L.L.B. (Hebrew University), L.L.M. (London School of Economics) and L.L.D. (Hebrew University), interned at the Israel Supreme Court and worked for a decade as an associate and partner at a law firm, specializing in white-collar crime.

Irwin Cotler, PC, OC, OQ, is International Chair of the Raoul Wallenberg Centre for Human Rights, Emeritus Professor of Law at McGill University, former Minister of Justice and Attorney General of Canada and long-time Member of Parliament, and an international human rights lawyer. A constitutional and comparative law scholar, Professor Cotler is the author of numerous publications and seminal legal articles and has written upon and intervened in landmark Charter of Rights cases in the areas of free speech, freedom of religion, minority rights, peace law and war crimes justice.