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Dissertations / Theses on the topic 'Causes of wrongful convictions'
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1
Schmidt, William Murray. "Wrongful convictions." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709036.
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Whittington, Kari. "The Influence of Population on Wrongful Convictions." Thesis, University of North Texas, 2016. https://digital.library.unt.edu/ark:/67531/metadc955047/.
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With criminal cases continuing to be exonerated across the United States, research must be done on the subject to advance current practices to reduce its occurrence in the future. This study combines county population data with the National Registry of Exonerations to analyze the contributing factors to wrongful convictions and the possible effect of population on their frequency. The objective of this study was to identify specific policy changes based on the five contributing factors to wrongful convictions that could be applied to population specific areas. The results yielded multiple patterns that are discussed thoroughly. These findings allowed the introduction of policy changes and proposals for future research.
3
Ross, Annie Elizabeth. "Wrongful Convictions as a Result of Public Defender Representation." Digital Commons @ East Tennessee State University, 2010. https://dc.etsu.edu/etd/1761.
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Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also established that is referred to as the partial load reduction theory. This theory establishes the relationship that exists between wrongful convictions and public defender representation and provides solutions as well as new avenues for future research.
4
Malleson, Kate. "Appeals against conviction in the Court of Appeal (Criminal Division)." Thesis, London School of Economics and Political Science (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364357.
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Green, Andrew. "Fitting up : an analysis of the manufacture of wrongful convictions." Thesis, Keele University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.283976.
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David, Lisa. "Wrongful convictions : a review and assessment of miscarriage of justice in Canada." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/27949.
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Despite the checks and balances of our criminal justice system many cases of wrongful convictions have occurred. In Canada, the government has responded to wrongful convictions by creating a legislative process whereby someone claiming they have been wrongfully convicted can apply to the Federal Minister of Justice based on a miscarriage of justice. The postconviction review process allows the Minister of Justice to refer cases back to courts if, he or she is satisfied that a new trial or hearing should be directed.
The Department of Justice initiated internal changes to the postconviction review process in 1994 after serious criticism about the process. The changes created were not significant enough to curb more criticism and the need arose to rectify the problems again. Possible reform options included; the creation of a separate agency for reviewing criminal convictions, the elimination of s.690 altogether with a broadening of the scope of appellate review, or amending the s.690 process. In 2002 the Government decided to amend the existing process and ss.696.1 to 696.6 of the Criminal Code and the applicable regulations are Canada’s current legislative postconviction review process. It has been eight years since these legislative changes were made and this thesis is going to assess whether the changes were an effective response to the criticisms that plagued the previous process.
A look at the legislative changes along with an in-depth statistical analysis is conducted to determine if the process addressed the criticisms of not being independent, open, effective, and accessible. The years have shown, that there has been little real improvement in the function of the system. The changes made were not substantial enough to check the existing problems.
The need to reassess the situation is still paramount. After canvassing the options for reform I conclude that the only viable option is to create an independent criminal convictions review body. I hope that the carefully considered and consolidated research for this thesis will allow the government to take notice of the genuine need of those struggling to gain access to a system that should run and effectively and efficiently.
7
Johnson, Terry L. "Eyewitness Testimony, False Confession, and Human Performance Technology: An Examination of Wrongful Convictions." University of Toledo / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1379676653.
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Braiden, Patricia Lynn. "Wrongful convictions and section 690 of the Criminal Code, an analysis of Canada's last-resort remedy." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ51304.pdf.
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Laryea, Ebenezer. "Wrongful convictions/miscarriages of justice, law as a system, and the story of the little girl." Thesis, University of Southampton, 2016. https://eprints.soton.ac.uk/392640/.
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As one of humanity’s most vital social systems, Law plays a pivotal role in being the glue which keeps society functioning. Law’s function in society is to prescribe the rules by which we can all live safe, decent, fulfilling and just lives. The way Law relates and applies to us therefore, becomes extremely important. Wrongful Convictions/Miscarriages of Justice are very opposite to what we expect to see after Law’s processes have run their course, and they are very opposite to the achievements that we envisage for Law. Yet, they do occur - and their problematic occurrence poses certain questions for Law; chief among them, the question of how we address wrongful convictions/miscarriages of justice. Wrongful convictions/Miscarriages of Justice occur when decision making gets locked up within extremes. Addressing wrongful convictions/miscarriages thus requires that we avoid extremes in Legal decision making. The manner in which Judges conduct Legal decision-making therefore becomes quite central in the effort to address wrongful convictions/miscarriages of justice. Middle decision-making, through the striking of a mean, is argued as most yielding in avoiding extremes, as well as most yielding in addressing the issue of wrongful convictions/miscarriages of justice. Judges must re-train themselves to think and act in a manner which allows for Middle Legal Decision making. Judges must be flexible, abandon their default and traditional modes of Legal decision-making when necessary, take note of circumstance, pay attention to the stories of the individuals that are placed before them, and be willing to act as every set of facts exclusively demand.
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Lattner, Elizabeth Jane. "Perceived Black Criminality and its Impact on Contributors to Wrongful Convictions in Cases of African American Men." Ohio University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1596562489583628.
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Grooms, Claudette M. "Lived Experiences of Exonerated Individuals 1 Year or Longer After Release." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2824.
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The majority of information related to the postprison experiences of exonerated individuals is frequently found in reports by journalists, or based on the findings of scholars on systematic factors that contribute to wrongful incarcerations. There is a lack of social science research on the unexplored meanings and essence of the postprison lived experiences of exonerees exclusively from their perspectives. The purpose of this phenomenological study was to understand and describe the postprison lived experiences of exonerated individuals, 1 year or longer after their prison release. The conceptual framework was guided by Tajfel's social identity theory and Becker's social reaction theory. Interviews were conducted with a purposeful sample of 8 exonerated males who were released from prison 1 year or longer. The data were analyzed using van Kaam's 7-step phenomenological analysis process as modified by Moustakas. The 7 themes that emerged from the data were employment and financial challenges, negative societal reaction, broken family relationships, unresolved emotional and psychological factors, self-imposed social isolation, role of family support, and resilience. Understanding the experiences of exonerees contribute to positive social change by providing knowledge to policymakers and others in the criminal justice system to assist in creating policies to expunge the records of exonerees without the necessity of litigation. Findings from this study also provide valuable insights on the need to offer monetary compensation and social services assistance to exonerees in all U.S. states to help in their reintegration experiences as they transition into their communities.
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Perry, Kanawha. "Policing in the era of increased awareness of wrongful convictions police officers' reflections on institutional change, public pressures and the nature of modern policing /." Greensboro, N.C. : University of North Carolina at Greensboro, 2007. http://libres.uncg.edu/edocs/etd/1484Perry/umi-uncg-1484.pdf.
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Thesis (M.A.)--University of North Carolina at Greensboro, 2007.<br>Title from PDF t.p. (viewed Mar. 3, 2008). Directed by Saundra D. Westervelt; submitted to the Dept. of Sociology. Includes bibliographical references (p. 84-89).
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Menz, Sina Katharina. "Post-conviction Claims of Innocence: Investigating a Possible Miscarriage of Justice in the Case of Michael Kassa." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/36427.
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Many legal systems throughout the world have established out-of-court remedies to rectify miscarriages of justice and wrongful convictions. In Canada, this extraordinary remedy is served by a government minister, who is entrusted with the assessment of claims of innocence post-conviction. While researchers have already addressed various concerns over the current conviction review process (Braiden & Brockman, 1999; Walker & Campbell, 2009; Roach, 2012a), Roach (2012b) emphasized that little is known about the applicant’s lived experience.
This thesis intends to explore the underlying rationale of the current regime under section 696.1 of the Criminal Code and shed light on how the Canadian government, through the Minister of Justice addresses claims and attempts to remedy wrongful conviction. A case study of Mr. Hailemikael Fekade Kassa’s criminal case file, an applicant who consented to this study of his second-degree murder conviction in 2009, will be used to explore the challenges faced by a Canadian claimant of innocence in preparation of his post-conviction review application. This research has revealed that: (1) the Canadian conviction review process implicitly removes the responsibility for error from the conventional justice system; and (2) despite significant evidence capable of raising doubt, the applicant under study encountered great difficulty in meeting the stringent eligibility criteria. A review of the literature provides the necessary contextual information to this critical examination through a comparative study of the post-conviction review schemes operating in North Carolina, the United Kingdom, Norway and Canada. Further, this project uses Foucault’s (1991) theory of governmentality as its analytical framework to investigate the governmental technologies and rationalities securing the current objectives of the Canadian review process and to explore the effects of policy at the micro-level. Following a presentation of the major findings and brief discussions of the evidence discovered in Mr. Kassa’s file, a final analysis situates the research findings within governmentality theory and highlights their broader implications.
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Birdling, Malcolm David. "Correction of miscarriages of justice in New Zealand and England." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2dae4513-4fd2-40cd-bb6a-dbba696d6d7f.
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This thesis sets out to provide a deep analysis of the mechanisms for review of convictions in New Zealand and England after initial appeal rights are exhausted, and to identify the key areas of similarity and difference between these systems, the reasons for these differences, and their implications. The appeal systems in each jurisdiction are briefly examined, alongside the pressures and restrictions on their functioning. Particular attention is paid to the options for appeal out of time, and for revisiting appeal decisions if new material comes to light. The main discussion is of the specialist procedures for review of suspect convictions in each jurisdiction: the Royal Prerogative of Mercy process carried out by the New Zealand Ministry of Justice and the work of the English Criminal Cases Review Commission. This discussion presents the results of empirical research carried out by the author utilising the files of each of these bodies. It investigates the legal context in which each body functions, and provides an account of how each body functions in practice, by examining the circumstances in which each body will contemplate referring a matter back to an appeal court and the means by which a determination is made as to whether to do so in an individual case. In addition it examines the various factors (legal and non-legal) which impact on their work. Finally, the key features of the two systems are contrasted, with a discussion of the areas of similarity and difference, as well as the possible implications of these, in particular for reform of the New Zealand processes.
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Muriithi, Paul Mutuanyingi. "A case for memory enhancement : ethical, social, legal, and policy implications for enhancing the memory." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/a-case-for-memory-enhancement-ethical-social-legal-and-policy-implications-for-enhancing-the-memory(bf11d09d-6326-49d2-8ef3-a40340471acf).html.
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The desire to enhance and make ourselves better is not a new one and it has continued to intrigue throughout the ages. Individuals have continued to seek ways to improve and enhance their well-being for example through nutrition, physical exercise, education and so on. Crucial to this improvement of their well-being is improving their ability to remember. Hence, people interested in improving their well-being, are often interested in memory as well. The rationale being that memory is crucial to our well-being. The desire to improve one’s memory then is almost certainly as old as the desire to improve one’s well-being. Traditionally, people have used different means in an attempt to enhance their memories: for example in learning through storytelling, studying, and apprenticeship. In remembering through practices like mnemonics, repetition, singing, and drumming. In retaining, storing and consolidating memories through nutrition and stimulants like coffee to help keep awake; and by external aids like notepads and computers. In forgetting through rituals and rites. Recent scientific advances in biotechnology, nanotechnology, molecular biology, neuroscience, and information technologies, present a wide variety of technologies to enhance many different aspects of human functioning. Thus, some commentators have identified human enhancement as central and one of the most fascinating subject in bioethics in the last two decades. Within, this period, most of the commentators have addressed the Ethical, Social, Legal and Policy (ESLP) issues in human enhancements as a whole as opposed to specific enhancements. However, this is problematic and recently various commentators have found this to be deficient and called for a contextualized case-by-case analysis to human enhancements for example genetic enhancement, moral enhancement, and in my case memory enhancement (ME). The rationale being that the reasons for accepting/rejecting a particular enhancement vary depending on the enhancement itself. Given this enormous variation, moral and legal generalizations about all enhancement processes and technologies are unwise and they should instead be evaluated individually. Taking this as a point of departure, this research will focus specifically on making a case for ME and in doing so assessing the ESLP implications arising from ME. My analysis will draw on the already existing literature for and against enhancement, especially in part two of this thesis; but it will be novel in providing a much more in-depth analysis of ME. From this perspective, I will contribute to the ME debate through two reviews that address the question how we enhance the memory, and through four original papers discussed in part three of this thesis, where I examine and evaluate critically specific ESLP issues that arise with the use of ME. In the conclusion, I will amalgamate all my contribution to the ME debate and suggest the future direction for the ME debate.
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Su, Pin-Chen, and 蘇品蓁. "The Causes and Remedies of Wrongful Conviction." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/58005019892429702811.
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碩士<br>國立臺灣大學<br>科際整合法律學研究所<br>103<br>Innocence Project started in 1992 in America. It is devoted to save the innocence from wrongful convictions with DNA retest in the US. Until now, it has saved more than 300 innocence. Many wrongful convictions happens in Taiwan, too, but before Taiwan Association for Innocence founded, Judicial Reform Foundation was the one of the few NGO aiming at saving the innocence. In 2013, Taiwan Association for Innocence was founded thanks to the professor of NTU and some endeavored lawyers, and since then, researches and resources for saving the innocence started to grow. For the US, they research on the cases that had been proved wrongfully convicted, and point out the systematical causes of wrongful convictions, which are eyewitness misidentification, unvalidated or improper forensic science, false confessions or admissions, informants……Although, we share different judicial systems, this thesis tries to seek for the common and looks for the causes of wrongful conviction of Taiwan.
The thesis begin with eyewitness misidentification which is the most common causes for wrongful convictions. Some social scientists point out that Manson Rule is not the powerful standard for wrongful identification. Meanwhile, the concept of improper forensic science contains two sub-issues, which are junk science and improper forensic testimony. Researches about false confessions or admissions point out that the innocence might confess because the consideration of procedural benefits. Some of the false confessions is also due to misconducts of the polices or prosecutors.
The thesis defines the research object as the convictions that has been overturned in retrial, and choses three cases to be the closer-look objects: the case of Su Chien-ho, the case of Jiang Guo-Qing, the case of Chen Long-Qi. The thesis analyzes the judgements and the related judicial papers to find the causes of wrongful convictions of Taiwan, and tries to compare those causes to those of the America’s. In the end the thesis provides some reform advices for criminal judicial system of Taiwan.
The last chapter is based on the legislation amendment of the procedures of retrial in 2015. Through reviewing the legislation of retrial before the amendment and finding the important aspect of retrial that has not been legislated, the thesis introduces anther options that called innocence commissions. Taking Criminal Case Review Commission and North Carolina Innocence Inquiry Commission for example, the thesis hope to provide the new and powerful way to strengthen the remedies of wrongful convictions.
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Laramée, Yanick. "L'erreur judiciaire : une démonstration difficile." Thèse, 2004. http://hdl.handle.net/1866/2353.
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Une personne est injustement condamnée à l'emprisonnement. Elle est victime d'une
erreur judiciaire. Plusieurs causes peuvent être à l'origine d'une telle injustice mais
malheureusement il est difficile de le prouver. Le système de justice pénale au pays
n'est pas à l'abri des condamnations injustifiées et plusieurs innocentes victimes en
ont payé le prix.
Or, comment une victime d'erreur judiciaire peut-elle prouver son innocence et ainsi
recouvrer la liberté à laquelle elle a droit? Certes, l'aveu du coupable ou la découverte
d'une nouvelle preuve peuvent servir de moyens de reconnaissance factuelle d'une
condamnation injustifiée. Toutefois, certains obstacles procéduraux comme les délais
d'appel, les règles d'admissibilité de la preuve nouvelle ou encore le mécanisme de
correction des erreurs judiciaires prévu aux articles 696.1 et suivants du Code
criminel peuvent compliquer le scénario. Avant le 4 juin 2002, cette dernière
procédure était visée par l'article 690 du Code. Toutefois, suite à de nombreuses
critiques ainsi qu'à une consultation publique orchestrée par le gouvernement
canadien, des modifications législatives ont été apportées à cette procédure. Mais
celles-ci sont-elles suffisantes? Nous pensons que certaines des modifications sont
grandement appréciables. Cependant, la structure d'évaluation des dossiers et de
recommandation des dossiers au ministre de la Justice mériterait la mise en place
d'un comité formé d'avocats indépendants pour conseiller ce dernier. Cela est
nécessaire afin de réduire à néant tout conflit d'intérêts potentiel de la part du
Ministre et d'assurer la transparence du processus en cause.<br>A person is unjustly condemned to imprisonment. He or she is victim of a wrongful
conviction. Many causes can lead to such an injustice but unfortunately, it is hard to
prove. The country's criminal justice system makes no exception to wrongful verdicts
of guilt and many innocent people have paid the priee.
Thus, how can a person victim of a wrongful conviction prove his innocence and
recover his rightful freedom? Of course, the confession of the true guilty person, the
discovery of new evidence or a special inquiry commission are all ways of
recognizing factually an unjust guilty verdict. However, certain procedural obstacles
such as appeal delays, rules of admissibility of new evidence or even the procedure
for correcting wrongful convictions provided under article 696.1 and following of the
Criminal code, can complicate the scenario. Before June 4, 2002, the latter procedure
was provided under article 690 of the Code. However, following great criticism as
well as a public consultation orchestrated by the Canadian government, legislative
modifications were brought to that procedure. Are the modifications made to the
procedure sufficient? We believe that some of them are greatly appreciable. However,
the evaluation and case recommendation structure to the Minister deserves the
creation of a committee constituted by attorneys fully independent of the Minister
able to advise him or her. This is necessary in order to fully reduce any potential
conflicts of interest by the Minister and would ensure transparence of the process in
question.<br>"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (L.L.M.)"
18
Blandisi, Isabella. "Societal perceptions of wrongful convictions." Thesis, 2012. http://hdl.handle.net/10155/257.
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In recent years wrongful convictions have received a considerable amount of research attention. This flourishing interest has resulted in a growing body of literature that aims to investigate this criminal justice phenomenon. Specifically, the current academic literature suggests that exonerees have reported feeling stigmatized; however, public perception research suggests that the public is actually supportive of exonerees. As very little research has been conducted on public perceptions of wrongful conviction—and on the views of community members, in particular—this thesis sought to further explore this topic using open-ended, structured interviews. In addition, the literature has been criticized for its lack of theory integration. Therefore, the results of this study have been interpreted in the context of Giddens‘ Structuration Theory. Indeed, public perception and support are important as they may influence policy changes and encourage the government to be more forthcoming when it comes to preventing wrongful convictions and helping exonerees post-conviction. Overall, results indicated that community members defined wrongful conviction as cases of factual innocence. They also had limited knowledge of wrongful conviction, leading some participants to believe that wrongful convictions were infrequent. Community members were also able to identify several factors that lead to wrongful convictions (e.g., mistaken eyewitnesses), felt that the criminal justice system did a fair job in light of wrongful convictions, and generally held positive views toward exonerees (e.g., believing that they should receive supportive services, such as financial compensation, job training, and apologies). Furthermore, results highlight that while community members acknowledge that exonerees likely experience stigmatization, the majority of participants did not personally express stigmatizing views.<br>UOIT
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Tsai, Chia-Yen, and 蔡嘉晏. "Wrongful Convictions: Tunnel Vision in Criminal Investigation." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/264gbd.
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碩士<br>國立交通大學<br>科技法律研究所<br>107<br>Governmental misconduct, including coercive interrogation, suggestive eyewitness identification, and biased forensic science evidence, is regarded as one of the leading causes of wrongful convictions. Oftentimes these errors are honest mistakes, however, from investigators affected by “tunnel vision” as all human beings. Under tunnel vision, investigators would search for information consistent with their own hypotheses, overlook facts that point to alternative suspects, and focus on the suspect even if contradictory evidence exists.
While tunnel vision is a natural phenomenon of human beings, it can be reinforced by rules and institutional pressures. First, in terms of questioning of suspects, the accusatorial model of interrogation, which encourages interrogators to use psychological tools to obtain a confession once they spot signals of deception from a
suspect, can reinforce tunnel vision and lead to false confessions. Likewise, suggestive eyewitness identification procedures can lead witnesses to misidentify innocent people. In such situation, for instance, if a lineup is biased against a suspect, a witness may select whoever stands out in the lineup. Last but not least, forensic scientists may identify themselves as scientific crime fighters, be biased by contextual information, and thus interpret results of experiment favoring the prosecution.
To reduce negative consequences that occur during tunnel vision, legislative reforms are required. The thesis proposes “investigative interview” as the best practice
in questing of suspects; investigators should aim at “searching of information” rather than “obtaining a confession”, and treat suspects with trust and respect. For eyewitness identification, the best practice includes neutral eyewitness identification instructions,
implementation of double-blind procedure, and prohibition of repeating identification procedures. To ensure the quality of forensic evidence, Standard Operating Procedures in laboratories, for instance blind testing and Linear Sequential Unmasking, are recommended.
Chapter 1 outlines objectives and research methods of the thesis. Chapter 2 discusses the causes of tunnel vision in three parts. Chapter 3 then compares between accusatorial model of interrogation and investigative interview. In chapter 4, how suggestive eyewitness identification procedures may influence eyewitness
identification decisions are discussed. Chapter 5 analyzes two possible factors that affect reliability and validity of forensic science evidence: role effect and contextual information. Chapter 6 is the conclusion of the thesis.
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Lee, Yu-Chen, and 李宇晨. "Long Way to Freedom– Stories about Wrongful Convictions." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/42pz86.
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碩士<br>國立臺灣大學<br>新聞研究所<br>107<br>This paper is a thorough report about three modern cases of wrongful convictions in Taiwan. It describes how these innocent people having been intentionally framed and accused of something they never did, which took their days of lives and put them into despair. However, through the constant efforts of Taiwan Innocent Project and Judicial Reform Foundation, those desperate people fought for their innocence and finally returned to freedom.
In addition, this report also provides an institutional critique of the criminal justice system and the media phenomenon, trying to find out what each part of this system and media can do to reduce wrongful convictions.
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Guth, Jessica. "The Bradford Innocence Project." 2008. http://hdl.handle.net/10454/2232.
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Yes<br>The Bradford Innocence Project provides a university led, community supported initiative that deals with cases of wrongful conviction. The project provides students from a wide variety of academic disciplines the opportunity to research and subsequently run cases under the close supervision of academics and practitioners in the legal field.
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Mijares, Laura Patricia. "Compensation for Wrongful Convictions: A Study towards an Effective Regime of Tort Liability." Thesis, 2012. http://hdl.handle.net/1807/33451.
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How would you feel if after having spent many years incarcerated for a crime that you did not commit and when finally you are released to a broken life where there is nobody to respond effectively to all the damages that you have and that you will continue to endure due to an unfortunate miscarriage of justice?
In Canada, compensation for wrongful convictions is a legal issue which has yet to find a solution for those who the government has denied to pay compensation for and the damages such wrongful conviction brought to their lives.
This thesis will analyze the legal problem of compensation for wrongful convictions in Canada from a tort law perspective and will present an alternative to the existing regime to serve justice to those who have been victims of miscarriages of justice.
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"The Mr. Big Sting in Canada." Thesis, 2013. http://hdl.handle.net/10388/ETD-2013-04-974.
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For approximately the last fifteen years, the Royal Canadian Mounted Police have been mounting highly sophisticated undercover sting operations in Canada known colloquially as Mr. Big stings. These undercover operations involve multiple officers posing as members of a ruthless, powerful and wealthy criminal organization in order to trick suspects into making confessions to serious crimes, nearly always homicides. The undercover officers essentially orchestrate a chance meeting with the suspect, known operationally as the “target”, and exert their considerable influence and resources to convince him that he is being inducted into a criminal gang. The target is typically a person suspected of having committed a murder in the past, but who has never been charged due to lack of evidence.
Over a period of months or weeks the undercover officers attempt to build a relationship with the target based on fear, greed, companionship, or a combination of those or other emotions. The target is given tasks to perform which appear criminal in nature, but which are actually staged crimes in which every participant is an undercover officer. The target is eventually told he must meet with the boss of the gang, the “Mr. Big” after whom the sting is named, in order for a final decision to be made on whether or not the target can join the gang. The target is told that he must confess to the previous murder of which he is suspected in order to join the gang. Sometimes the target confesses readily, other times he protests his innocence, but Mr. Big will not accept exculpatory statements. Often further inducements are offered by Mr. Big, most notably a promise to derail the investigation by using his influence over corrupt justice system participants. If the suspect admits culpability he will be charged with the crime and nearly always convicted at trial.
Canadian courts have exercised virtually no control over police tactics in these cases. Defence counsel have argued against the use of the evidence on the basis of a breach of the Charter of Rights and Freedoms with regard to the right to silence and also with regard to abuse of process. These arguments have been unsuccessful. Defence counsel have also argued unsuccessfully that the statements should be inadmissible under Canadian hearsay law. It has also been argued, equally unsuccessfully, that the undercover operators should be treated as persons-in-authority, and hence that the statements elicited from the targets should have to be proven voluntary beyond a reasonable doubt. Canadian judges have also been unwilling to allow the defence to lead expert evidence in these cases to tell the trier of fact about the possibility of false confessions. The ultimate result is that there is no control over police tactics in these stings.
There has been one proven wrongful conviction as a result of these stings, that of Kyle Wayne Unger. Other wrongful convictions may come to light. Short of its outright abolition, probably the best way to control the sting and prevent wrongful convictions is to subject the statements to a formal voluntariness inquiry.
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Asper, David Alan D. "Wrongful convictions in Canada and defence counsel: It's time for mandatory professional education and competency safeguards." 2007. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=788646&T=F.
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Gélinas, Louis. "L'admission des confessions et le risque d'erreur judiciaire : toute vérité est-elle bonne à dire ?" Thèse, 2006. http://hdl.handle.net/1866/2450.
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L'étude de notre common Law révèle que les tribunaux canadiens et anglais ont
constamment été appelés à décider de l'admissibilité d'éléments de preuve impliquant la
participation de l'accusé à la détermination de sa culpabilité. Qu'il s'agisse des
confessions obtenues auprès d'un suspect lors de l'interrogatoire policier, ou du
témoignage rendu par un accusé dans le cours du processus judiciaire (par exemple lors
du procès d'un complice ou d'un premier procès dont le verdict a été annulé par la cour
d'appel), on constate que l'État a régulièrement tenté de prouver la culpabilité d'un
accusé par le biais de ses propres aveux. On tente généralement de justifier le recours à
cette méthode d'obtention de la preuve en invoquant que les aveux faits par un accusé
sont de loin la meilleure preuve de sa culpabilité et donc, qu'ils aident le juge des faits à
découvrir la vérité. Il appert toutefois qu'au fil des années, l'État a souvent abusé de ce
pouvoir et que des condamnations ainsi obtenues l'ont parfois été au mépris des droits
des accusés, notamment le droit à un procès juste et équitable et le droit encore plus
fondamental de ne pas être contraint à fournir contre sa volonté une preuve de nature à
établir sa culpabilité dans son propre procès. De plus, les nombreuses erreurs judiciaires
mises à jour au cours de dernières années au Canada démontrent clairement que des
verdicts de culpabilité ont aussi été erronément prononcés contre des accusés sur la foi
de confessions qui se sont révélées plus tard être fausses. Pour cette raison, il apparaît
important de déterminer si ce moyen de preuve est toujours légitime aujourd'hui, en
regard de deux des grandes théories du droit pénal: la «théorie de la gestion des
risques» et la «théorie de la justice» ou de l'équité du procès. De façon plus générale,
cette étude cherche à répondre à la question suivante: en droit criminel canadien, la fin
(recherche de la Vérité) justifie-t-elle tous les moyens employés pour la découvrir?<br>The study of our "common Law" reveals that the Canadian and English courts
were constantly called upon in order to decide on the admissibility of elements of proof
involving the participation of the defendant in the assertion of his guilt. Whether it is
confessions obtained from a suspect during a police interrogation, or the testimony
given by a defendant during the course ofthe legal process (for example, at the time of a
trial of an accomplice or a first trial for which the verdict was cancelled by a court of
appeal), we notice that the State regularly tried to prove the guilt of a defendant by way
of his own statements. We generally try to justify the recourse to this method of
obtaining proof by invoking that the statements made by a defendant are by far the best
proof of his guilt and thus help the judge to uncover the truth. It appears, however, that
over the years the State often abused this power and that ensuing convictions were
sometimes obtained with a disregard of the rights of the defendants; in particular, the
right to a fair trial and the right even more fundamental not to be constrained to provide
against his will, a proof likely to establish his guilt in his own trial. In addition, many
legal updates in the recent years in Canada c1early show that verdicts of guilt were also
incorrectly pronounced against defendants on the faith of confessions which were later
proved to he false. As such, it appears important to determine ifthis type ofproofretains
its legitimacy today in regards to two of the great theories of criminallaw: the "Theory
of Risk Management" and the "Theory of Justice" or the equity of the trial. More
generally, this study seeks to answer the following question: "In Canadian criminallaw,
does the end (search for the truth) justify the means used to uncover it?"<br>"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (LL.M.)"