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Journal articles on the topic 'The wrongfully convicted'
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1
Azizi, Esti. "Maintaining Innocence." Wrongful Conviction Law Review 2, no. 1 (June 18, 2021): 55–77. http://dx.doi.org/10.29173/wclawr41.
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Modern research has been diligent and successful in discovering what causes a wrongful conviction and long-term consequences on the wrongfully convicted person and their family. However, there is one area that remains relatively untouched by research efforts. It is the period between the conviction and the release, the period of incarceration itself. The purpose of this paper is to outline the experiences of wrongfully convicted persons in prison. While each incarceration term is an individualized experience, there are many commonalities within these experiences. This paper will consider the incarceration experience via two lenses: Part I will look at inmate and prison violence, and Part II will explore mental health and segregation. The paper will focus largely on the Canadian perspective, with limited insights from other jurisdictions. Each section will also evaluate: (1) the general prison experience for all incarcerated persons, and (2) the distinct prison experiences of the wrongfully convicted as a result of maintaining their innocence. Because little research exists on the distinct experiences of wrongfully convicted persons in prison, this paper looks to interviews and other sources where wrongfully convicted persons discussed their prison experiences. These sources are few and far between, with many wrongfully convicted persons echoing the words of Thomas Sophonow (wrongfully convicted of the murder of a 16-year-old donut shop employee), “whatever happened in jail [is] nobody’s business.”
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Trinka, Luke. "Cries from the Cross: Jesus and the Wrongfully Convicted." Lumen et Vita 11, no. 2 (August 12, 2021): 1–8. http://dx.doi.org/10.6017/lv.v11i2.13723.
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This paper endeavors to affirm the humanity, make known the pain, and lift up the prophetic witness of wrongfully convicted individuals. I bring forward their spiritual journeys and place them in dialectical relationship with Jesus Christ. When we understand Jesus’ death as utterly wrongful and position him in radical solidarity with the wrongly condemned, we see that when the State wrongfully incarcerates, cages, and executes, Jesus too is crucified.
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Taylor, Nick. "Compensating the Wrongfully Convicted." Journal of Criminal Law 67, no. 3 (June 2003): 220–36. http://dx.doi.org/10.1177/002201830306700306.
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This article outlines the two schemes currently in operation for compensating victims of miscarriages of justice, namely the statutory scheme under the Criminal Justice Act 1988, s. 133, and the ex gratia scheme operated by the Home Office. It outlines and evaluates the operation of the schemes and considers the effect of recent case law. Finally, it considers the inability of a purely monetary scheme to provide meaningful compensation and considers how a recent Home Office initiative with the National Association of Citizens Advice Bureaux might produce a more holistic approach to compensation.
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The Innocence Project. "Assisting the Wrongfully Convicted." Journal of Prisoners on Prisons 22, no. 1 (December 1, 2013): 125–26. http://dx.doi.org/10.18192/jpp.v22i1.5180.
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Carl, Alexis E. "Dead Wrong: Capital Punishment, Wrongful Convictions, and Serious Mental Illness." Wrongful Conviction Law Review 1, no. 3 (December 21, 2020): 336–63. http://dx.doi.org/10.29173/wclawr16.
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Serious mental illness (SMI), wrongful convictions, and capital punishment is explored, as having a SMI may heighten an individual’s risk of being wrongfully convicted and consequently dealt a capital sentence. In Atkins v. Virginia, the Supreme Court banned the use of capital punishment for individuals with intellectual disabilities, ruling it unconstitutional, due to the diminished moral and intellectual capacity held by these individuals. Based on these Supreme Court findings, an argument is made that SMI is a compelling mitigating factor that ought to disqualify the pursuit of capital punishment. Due to the cognitive and volitional impairments associated with SMI, people with SMI are especially vulnerable to being wrongfully convicted of a crime and further wrongfully sentenced to death. Data to build this argument include that those with SMI are more likely to: 1) falsely confess; 2) struggle with assisting in their defense; 3) be perceived as an unreliable witness; 4) appear as though they lack remorse; and 5) face prejudices from judges and jurors; which all contribute to wrongful convictions. An explanation of these vulnerabilities are discussed in detail by examining 26 case vignettes (derived from the National Registry of Exonerations and other sources) where such individuals were wrongfully convicted due to SMI. Data from the National Registry of Exonerations is further analyzed, leading to discussion of the disproportionate co-occurrence of wrongful convictions that are stimulated by SMI. This paper concludes with an analysis of reforms and a discussion of how to enact safeguards to protect individuals with SMI.
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Leuschner, Fredericke, Martin Rettenberger, and Axel Dessecker. "Imprisoned But Innocent: Wrongful Convictions and Imprisonments in Germany, 1990-2016." Crime & Delinquency 66, no. 5 (March 6, 2019): 687–711. http://dx.doi.org/10.1177/0011128719833355.
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Although in the United States wrongful convictions and imprisonments are a major public and scientific concern, this topic has been largely ignored in Germany for decades. The present article offers for the first time an overview of all accessible German cases of successful retrials involving convicted persons who served a prison sentence since 1990. The data refer to 31 wrongfully convicted persons in 29 independent cases. Although the largest group consists of cases of false allegations, some of the wrongly convicted were considered not guilty by reason of insanity, and a few wrongful convictions occurred because of eyewitness misidentification and false confessions. In addition, incorrect expert testimony contributed considerably to the wrongful conviction in some cases.
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Shore, Peter. "Resettlement needs of the wrongfully convicted." Journal of Forensic Psychiatry 12, no. 3 (January 2001): 487–90. http://dx.doi.org/10.1080/09585180110091930.
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Konvisser, Zieva Dauber. "“What Happened to Me Can Happen to Anybody”—Women Exonerees Speak Out." Texas A&M Law Review 3, no. 2 (September 2015): 303–66. http://dx.doi.org/10.37419/lr.v3.i2.4.
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Only a few studies have investigated the psychological consequences of wrongful conviction; several others have examined the psychological consequences of incarceration and its impact on reentry and reintegration, primarily for men. For women who have been wrongfully convicted and subsequently released from prison into the free world, there are further indignities and unique issues: having to deal with the deep personal loss of murdered loved ones along with criminal charges; the absence of DNA evidence, making convictions harder to fight; stigmatization by prosecutors and the media; and unique emotional and medical needs. This Article presents findings from in-depth interviews with twenty-one exonerated women and describes the unique qualities and needs faced by wrongfully convicted women during their arrest, trial, conviction, imprisonment, release, and post-release, and the creative and resourceful strategies that have helped them cope with an untenable reality. By giving voice to their lived experiences, this Article seeks to personalize and contextualize the events surrounding the cases, to humanize the people whose lives have been destroyed, and to establish identities amidst an overwhelming sea of facts and statistics. In addition, this Article provides valuable insights and information for clinicians, counselors, families, friends, employers, and communities working to help wrongfully convicted women, and for lawyers, policy-makers, and advocates working to promote social justice and criminal justice reform.
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Eckstein, Barbara. "Surviving Justice: America's Wrongfully Convicted and Exonerated." Oral History Review 36, no. 1 (January 1, 2009): 107–10. http://dx.doi.org/10.1093/ohr/ohp016.
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Qayum, Sara, Sughra Farid, Suhail Shehzad, and Weidong Zhu. "Short Comings of Criminal Justice System of Pakistan and its Effects on the Rights of Accused Prisoner Wrongfully Convicted or Imprisoned." Journal of Legal Studies 18, no. 32 (December 1, 2016): 13–27. http://dx.doi.org/10.1515/jles-2016-0015.
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Abstract The criminal justice system in Pakistan operates imperfectly, although the aim of the Pakistan’s Criminal Law system is that no person is being convicted without all the elements but our System is not speedy and fast in disposal of cases then automatically innocent suffers. A failure of the justice system leaves people free but uncompensated. When a case has been decided after a lengthy trial and an individual acquit on merit by the judgment of concerned Court than upon release he did not receive any thing as compensation by the Criminal Justice System of Pakistan because System offers no mechanism for compensation. This article will discuss about wrongfully convicted persons in Pakistan’s Criminal Justice System and the reasons for their wrongful imprisonment and mechanism for compensation. In the end, conclusions and recommendations will be given on the same.
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Williamson, Erin J., Julie M. Stricker, Seri P. Irazola, and Emily Niedzwiecki. "Wrongful Convictions: Understanding the Experiences of the Original Crime Victims." Violence and Victims 31, no. 1 (2016): 155–66. http://dx.doi.org/10.1891/0886-6708.vv-d-13-00152.
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Over the past 3 decades, significant strides have been made to identify and assist wrongfully convicted individuals in gaining their freedom and transitioning to life after exoneration. However, little is known about the experiences of the original crime victims during this process. The impact of wrongful convictions on victims has not been empirically researched; most of what is known has been provided anecdotally by stakeholders working with victims, and in a few instances, by victims themselves (e.g., Jenkins, 2009; Levey, 2004; Thompson-Cannino, Cotton, & Torneo, 2009). In an effort to begin to fill this gap in knowledge, ICF International conducted in-depth studies of 11 cases to identify the shared experiences and service needs of victims across cases of wrongful conviction.
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Đurđević, Tijana. "Is DNA analysis the key to freeing the wrongfully convicted?" Zbornik radova Pravnog fakulteta, Novi Sad 53, no. 2 (2019): 705–16. http://dx.doi.org/10.5937/zrpfns53-21427.
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Clow, Kimberley A., and Amy-May Leach. "After innocence: Perceptions of individuals who have been wrongfully convicted." Legal and Criminological Psychology 20, no. 1 (May 17, 2013): 147–64. http://dx.doi.org/10.1111/lcrp.12018.
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Rahman, Atiqur. "Ensuring Compensation for the Victims of Wrongful Imprisonment and Wrongful Detention in Bangladesh." International Journal of Social, Political and Economic Research 7, no. 2 (June 2, 2020): 153–67. http://dx.doi.org/10.46291/ijospervol7iss2pp153-167.
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Regrettably, it is true in Bangladesh people are sentenced to imprisonment, even death penalty for crimes they have not engaged at all. But there is no specific provision of claiming compensation for false imprisonment in this country with a very few exceptions. Bangladesh, as a signatory country of ICCPR, requires taking the necessary step to compensate the victims of “wrongful imprisonment” and “wrongful detention”. This paper recommends Bangladesh to enact clearly expressed legislation elucidating this right and represent modelling reforms. In favour of this recommendation, this article makes a clear picture of the problems, reasons for it and its nature in Bangladesh, describing the consequence of individuals wrongfully detained and convicted by examining recent cases. This research paper then illustrates the Bangladeshi legal frame and international legislation which Bangladesh bound to compensate these victims. Finally, the article suggests how Bangladesh can adopt all-inclusive law to compensate the victims of wrongful imprisonment and detention.
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Erentzen, Caroline, Regina Schuller, and Kimberley Clow. "Advocacy and the Innocent Client." Wrongful Conviction Law Review 2, no. 1 (June 18, 2021): 1–21. http://dx.doi.org/10.29173/wclawr40.
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Much of our knowledge about wrongful convictions is derived from known exonerations, which typically involve serious violent offences and lengthy sentences. These represent only a small proportion of offences prosecuted in Canada each year, and little is known about how often innocent defendants may be wrongfully convicted of less serious offences. Recent discussions have begun to focus on the problem of false guilty pleas, in which defendants choose to plead guilty to a lesser offence to avoid the time and cost required to defend their innocence. The majority of our knowledge of the factors contributing to wrongful convictions is based on American scholarship, with less empirical research exploring wrongful convictions within the Canadian context. The present research surveyed Canadian criminal defence lawyers about their experiences representing innocent clients, including their perspective on the underlying causes of wrongful convictions in Canada and their recommendations for reform to the criminal justice system. Nearly two-thirds of defence counsel in this study reported that they had represented at least one client who was convicted despite credible claims of innocence. Many reported that they regularly see innocent clients choose to enter a strategic false guilty plea, perceiving no meaningful or realistic alternative. Counsel described a system designed to elicit a guilty plea, with lengthy pre-trial delays, routine denial of bail, inadequate funding of Legal Aid, costly defence options, padded charges, and false evidence ploys. This research expands our knowledge of wrongful convictions in Canada, their hidden prevalence, and systemic problems that increase the likelihood of their occurrence.
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Poyser, Sam, and Rebecca Milne. "The time in between a case of ‘wrongful’ and ‘rightful’ conviction in the UK: Miscarriages of justice and the contribution of psychology to reforming the police investigative process." International Journal of Police Science & Management 23, no. 1 (March 2021): 5–16. http://dx.doi.org/10.1177/14613557211006134.
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Wrongful convictions or miscarriages of justice are experienced by justice systems worldwide. At the centre of each miscarriage lies a complex mix of causes. The contribution of the police investigative process and particularly the interview process, to this mix is, however, significant and enduring. Nevertheless, in the UK important inroads have been made with respect to reform in this regard. This has occurred partly in response to revelations of dreadful miscarriages of justice and the findings of ground-breaking psychological research. This research began in earnest in the 1970s, the decade when Noel Jones, a vulnerable young man falsely confessed to, and was wrongfully convicted of, the killing of schoolgirl Janet Commins. It has continued through to the second decade of the 21st century when following a case review, Stephen Hough was rightfully convicted of the same crime; the justice system acknowledging that the original police investigation was flawed and that Jones was ‘wholly exonerated’ (Evans, 2019). Taking these wrongful and rightful convictions as rough ‘start’ and ‘end’ points in time, this article critically examines the contribution of psychological research to bringing about reform of the investigative process and particularly the interview process, in the UK. In doing so, it argues that miscarriages of this nature are now less likely, but that further psychological research and policing reform are required to continue progress already made.
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Shifton, Jeremy. "Opinion Versus Reality: How Should Wrongfully Convicted Individuals be Compensated Versus How They Are Actually Compensated." Wrongful Conviction Law Review 2, no. 2 (September 22, 2021): 89–102. http://dx.doi.org/10.29173/wclawr50.
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Securing compensation following exoneration is an important step for wrongfully convicted individuals in getting some semblance of a normal life post-release. This study seeks to determine what the public believes to be fair compensation for individuals who were wrongfully incarcerated for ten years prior to exoneration, as compared to how much compensation a state would offer the same exoneree. Prior research has tracked what compensation is offered to exonerees through state statutes and detailed difficulties in securing compensation at trial, yet little is known about how statutory compensation compares to what the public believes exonerees should receive. Through two experimental surveys, the current study surveys over 200 students and online respondents to determine how much compensation is fair to individuals, and compares these amounts to what states give to qualifying exonerees. Results indicate that individuals give more compensation on average to a fictional exoneree than do state governments; though the dollar amounts were not statistically significantly different, respondents gave millions more to exonerees than did state statutes. The significance of these findings and avenues for future research are examined.
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De Roos, Theodore A., and Johannes F. Nijboer. "Wrongfully Convicted: How the Dutch Deal with the Revision of Their “Miscarriages of Justice”." Criminal Law Forum 22, no. 4 (December 2011): 567–91. http://dx.doi.org/10.1007/s10609-011-9159-8.
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Hewitt, Louise. "Learning by experience on the Innocence Project in London: the employer/employee environment." International Journal of Clinical Legal Education 25, no. 1 (April 4, 2018): 173. http://dx.doi.org/10.19164/ijcle.v25i1.697.
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<p>The Innocence Project London is a <em>pro bono</em> project dedicated to investigating wrongful convictions in the context of individuals who claim actual innocence i.e. they did not commit the crime for which they have been convicted. Law students undertake work on the cases of convicted individuals who have maintained their innocence but have exhausted the criminal appeals process. The only avenue available to these individuals is to make an application to the Criminal Cases Review Commission (CCRC), which was set up to investigate the cases of people who believe they have been wrongfully convicted. The CCRC has the power to refer a case back to the Court of Appeal but requires new evidence or a new legal argument not identified at the time of the trial, which might have changed the whole outcome of the trial had the jury had been given a chance to consider it.</p><p>Whilst the notion of innocence projects has been much debated in literature the purpose of this paper is to present the pedagogy of the Innocence Project London and the meaningful learning opportunity it provides to students. The pedagogy combines experiential learning with elements of work based learning to create an employer/ employee environment. Law students are ‘employed’ to work on the Project where the employment process starts with a two-stage application. The clinical learning model on an innocence project is distinct from the traditional clinic approach, in that students start work at the end of a case rather than at the beginning. The problem-solving therefore is developed in the context of critical judgement based on what happened when the case was decided in court as opposed to how the case should be presented in court. The learning for the students has been significant.</p>
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Maclin, Tracey. "Is Obtaining an Arrestee's DNA a Valid Special Needs Search Under the Fourth Amendment? What Should (and Will) the Supreme Court Do?" Journal of Law, Medicine & Ethics 33, no. 1 (2005): 102–24. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00214.x.
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In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders.
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Maclin, Tracey. "Is Obtaining an Arrestee's DNA a Valid Special Needs Search under the Fourth Amendment? What Should (and Will) the Supreme Court Do?" Journal of Law, Medicine & Ethics 34, no. 2 (2006): 165–87. http://dx.doi.org/10.1111/j.1748-720x.2006.00025.x.
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In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders.
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Blume, John H. "The Dilemma of the Criminal Defendant with a Prior Record-Lessons from the Wrongfully Convicted." Journal of Empirical Legal Studies 5, no. 3 (September 2008): 477–505. http://dx.doi.org/10.1111/j.1740-1461.2008.00131.x.
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Weintraub, Jennifer, and Kimberly Bernstein. "Identifying and Charging True Perpetrators in Cases of Wrongful Convictions." Wrongful Conviction Law Review 1, no. 2 (September 15, 2020): 181–225. http://dx.doi.org/10.29173/wclawr22.
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True perpetrators—those who commit crimes that others were wrongfully convicted of—are a danger to society. Left unapprehended, these individuals often continue to commit crimes that could have otherwise been avoided. Despite the risk they pose, only about half of true perpetrators in DNA exoneration cases have been identified. Further, only 50% of those who have been identified have been charged with the wrongful conviction crime(s) they committed. Previous research on wrongful convictions, prosecutorial discretion in charging decisions, and prosecutors’ treatment of post-conviction innocence claims provide a starting point for investigating what factors underlie the identification and charging of true perpetrators. To explore these factors, we analyze 367 DNA exoneration cases and the resulting 161 identified true perpetrators. Results revealed that prosecutorial misconduct as a contributor to the wrongful conviction decreased the odds that a true perpetrator would be identified, but the odds increased if the victim was White and the exoneree was Black compared to if both were White. Odds of identification also decreased when, compared to murder, the most severe wrongful conviction crime type was child sex abuse or sexual assault. These factors were not significantly associated with the odds of an identified true perpetrator being charged with a wrongful conviction crime. A qualitative study revealed both definitively prohibitive and potentially influential factors that could influence a prosecutor’s decision not to charge an identified true perpetrator with these crimes. These findings indicate policy solutions that could hold true perpetrators of wrongful convictions crimes responsible for their actions.
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Wixted, John T., Laura Mickes, and Ronald P. Fisher. "Rethinking the Reliability of Eyewitness Memory." Perspectives on Psychological Science 13, no. 3 (May 2018): 324–35. http://dx.doi.org/10.1177/1745691617734878.
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Although certain pockets within the broad field of academic psychology have come to appreciate that eyewitness memory is more reliable than was once believed, the prevailing view, by far, is that eyewitness memory is unreliable—a blanket assessment that increasingly pervades the legal system. On the surface, this verdict seems unavoidable: Research convincingly shows that memory is malleable, and eyewitness misidentifications are known to have played a role in most of the DNA exonerations of the innocent. However, we argue here that, like DNA evidence and other kinds of scientifically validated forensic evidence, eyewitness memory is reliable if it is not contaminated and if proper testing procedures are used. This conclusion applies to eyewitness memory broadly conceived, whether the test involves recognition (from a police lineup) or recall (during a police interview). From this perspective, eyewitness memory has been wrongfully convicted of mistakes that are better construed as having been committed by other actors in the legal system, not by the eyewitnesses themselves. Eyewitnesses typically provide reliable evidence on an initial, uncontaminated memory test, and this is true even for most of the wrongful convictions that were later reversed by DNA evidence.
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HOYLE, CAROLYN, and LAURA TILT. "The Benefits of Social Capital for the Wrongfully Convicted: Considering the Promise of a Resettlement Model." Howard Journal of Crime and Justice 57, no. 4 (August 21, 2018): 495–517. http://dx.doi.org/10.1111/hojo.12283.
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DeShay, Rashaan A. "“A lot of people go insane behind that”: coping with the trauma of being wrongfully convicted." Criminal Justice Studies 29, no. 3 (February 25, 2016): 199–213. http://dx.doi.org/10.1080/1478601x.2016.1146140.
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Mundis, Daryl A. "The Election of Ad Litem Judges and Other Recent Developments at the International Criminal Tribunals." Leiden Journal of International Law 14, no. 4 (December 2001): 851–66. http://dx.doi.org/10.1017/s0922156501000401.
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There have been several important developments concerning the ICTY and ICTR recently. For example, steps have been taken to improve the efficient operation of both ad hoc Tribunals, to include the addition of ad litem judges at the ICTY, an increase in the number of judges assigned to the common Appeals Chamber (to include the permanent assignment of ICTR judges to The Hague for this purpose), and amendments to the Rules of Procedure and Evidence of both ad hoc International Criminal Tribunals. In addition, efforts have been initiated to provide for compensation to victims and to individuals wrongfully detained, prosecuted or convicted. There have also been recent allegations of improper conduct by defence attorneys and investigators. The following article surveys these developments.
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Juhi, Mubarok, Alex Mullen, James McGauley, Lauren McDonald, and Regan Melngalvis. "Why did the Supreme Court rule that the issue of foresight had been misinterpreted for the past 30 years with regards to joint enterprise?" Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 74–84. http://dx.doi.org/10.19164/sjppar.v1i1.800.
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Joint enterprise is an area of law that has no statutory definition, instead being developed through the common law. It involves situations where more than one defendant can be convicted of the same crime, even if the co-defendant did not play an active role in the crime and, since it is common law based, many would argue (including Ben Crewe, a scholar) that the laws surrounding it have been created in a ‘hazardous way’. This has ultimately resulted in the Supreme Court ruling in 2016 that the law had been misinterpreted for the past 30 years- and judges had been using the law to wrongfully convict people, with a major factor being the issue of foresight had been misunderstood. In the past the jury had been able to use proof of foresight of a crime as a suitable mens rea for joint enterprise, a lower mens rea threshold than for other convictions of murder and post 2016 this is no longer the case. This essay will therefore explore the leading case where the decision to overturn the law was made, what happened prior to 2016 and any appeal cases and the social context of joint enterprise legislation.
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McMillan, L. Jane. "Colonial Traditions, Co‐optations, and Mi'kmaq Legal Consciousness." Law & Social Inquiry 36, no. 01 (2011): 171–200. http://dx.doi.org/10.1111/j.1747-4469.2010.01228.x.
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In 1996 a provincial court was established at Eskasoni Mi'kmaq Community in Nova Scotia, Canada, in response to overwhelming evidence confirming the failures of the Canadian legal system to provide justice for Indigenous peoples, and as a specific recommendation of the Royal Commission on the Donald Marshall, Jr., Prosecution. Marshall, a Mi'kmaq wrongfully convicted of murder, served eleven years of a life sentence before proving his innocence. The importation of provincial legal culture into an Indigenous community creates tensions and contradictions surrounding the legitimacy, authenticity, and efficacy of Indigenous laws. The ontological conflicts that arise from the imposition of a justice system integrally linked with colonization, criminalization, and assimilation cannot be resolved through indigenization of court staff and administrative conveniences. The Mi'kmaq continue to assert their laws and articulate their legal consciousness against the co‐optation of dominant system, with mixed results.
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Amos, Lauren. "Wrongful Convictions and Mental Illness." Wrongful Conviction Law Review 2, no. 1 (June 18, 2021): 22–54. http://dx.doi.org/10.29173/wclawr3.
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People with a mental illness (PWMI) are among the most vulnerable populations in the country, yet are far more likely to be incarcerated than people without a mental illness. PWMI are more likely to be wrongfully convicted for several reasons.At the onset of an investigation, PWMI are more likely to become suspects. Symptoms of mental illness breed fear and misunderstanding, arousing suspicion of a PWMI in the first place. Once approached by police, PWMI are more likely to escalate the initial encounter, leading to arrest and further interrogation. Through the lens of the Reid Technique, police misinterpret symptoms of mental illness as signs of guilt. Police continue using the Reid Technique to extract a confession. Mid- interrogation, PWMI are less likely to invoke Miranda rights. Without counsel, PWMI are more susceptible to minimization and maximation techniques, leading to higher rates of false confessions and ultimately, false convictions. These issues are significantly exacerbated for PWMI of color, who experience additional racial bias. From the beginning of an investigation to the end, the justice system seems perversely calculated to target innocent PWMI, rather than protect them. The case of James Blackmon demonstrates how an innocent PWMI can be railroaded into a false confession and wrongful conviction. This paper details Blackmon’s case, analyzes how each step of an investigation endangers PWMI, and examines possible solutions to protect innocent PWMI.
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Bartley, Leanne Victoria. "‘Please make your verdict speak the truth’: Insights from an Appraisal analysis of the closing arguments from a rape trial." Text & Talk 40, no. 4 (July 26, 2020): 421–42. http://dx.doi.org/10.1515/text-2020-2065.
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AbstractIt is common knowledge that language use inside the courtroom is an effective tool of persuasion; thus, even in cases where evidence is unreliable, men and women have found themselves facing charges, standing trial and, in the worst case scenario, wrongfully convicted of a crime. In this paper I examine one such case, in which a young American finds himself accused and, later, imprisoned for the rape of a minor, despite evidence to suggest otherwise. The case is taken from a database set up by The Innocence Project, a non-profit organisation comprising a team of volunteers working towards proving the innocence of over 200 individuals currently serving time for a crime that they insist they did not commit. More specifically, my analytical focus is on the closing arguments of the selected case for the purposes of acquiring insights into how the attorneys for each side make particular language choices in a final attempt to maximise the credibility of their version of events. To reveal how the defendant and the victim are portrayed by each of the lawyers and, moreover, whose feelings and/or character traits are brought to the forefront, an Appraisal analysis is carried out on the dataset.
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Джеллисон-Хаунканрин, Джойс Анджела. "RACE, MISTRUST, AND POLICING: THE INTENDED CONSEQUENCES OF LINKING BLACKNESS TO CRIMINALITY." Rule-of-law state: theory and practice 16, no. 4-1 (April 1, 2020): 114–21. http://dx.doi.org/10.33184/pravgos-2020.4.11.
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The issues of racialized violence and policing in America are not new phenomena but are a part of the American historical fabric. Purpose: to analyze the problem of institutionalized racism in the criminal justice model. Blacks are overrepresented within the criminal justice organizational model, despite representing a small percentage of the American population. The criminal stereotype of African Americans could contribute to the reason behind why blacks are disproportionately more likely than Whites to be targeted by the police as suspects, interrogated and wrongfully convicted. Policing behaviors across the USA are legally structured to produce institutional entrapments that often disproportionately target and affect black males. The stereotype of a criminal African American has also been associated with racial profiling. The paper describes The Black Lives Matter movement as a societal response to police abuse of coercive power and the fatal interactions of black males and women with police. Methods: the research is carried out on the basis of the methods of analysis and synthesis, generalization, comparison and description. Conclusions: institutionalized racism within the criminal justice system is the cause for the disproportionate arrest rates of African Americans. The restructuring of the policing model and the criminal justice model must be a realignment of values and discontinuation of practices that are fundamentally meant to oppress Blacks in America.
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Weathered, Lynne. "Does Australia Need a Specific Institution to Correct Wrongful Convictions?" Australian & New Zealand Journal of Criminology 40, no. 2 (August 2007): 179–98. http://dx.doi.org/10.1375/acri.40.2.179.
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In recent years, hundreds of people have been exonerated overseas after demonstrating that they were wrongly convicted of crimes for which they spent many years in prison, and these are only the ones uncovered to date. Australia has its own sampling of known wrongful convictions. England, Canada and the United States have introduced different mechanisms to address in some fashion, the facilitation of exonerations. This article considers the current situation for the wrongly convicted in Australia, placing it within this international context. This comparison will demonstrate that Australia has fallen behind these other common law countries by failing to deliver new mechanisms, establish new bodies or incorporate new avenues that would enable the correction of wrongful conviction to occur. Wrongful conviction must now be recognised as an unenviable but inevitable part of any criminal justice system and a problem that should not be tolerated. Australia's criminal justice system must meet the challenge to update its provisions rather than continue to proceed under provisions other countries have identified as failing to meet the needs of the wrongly convicted.
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Halsted, James B. "The Anti-Drug Policies of the 1980's: Have They Increased the Likelihood for Both Wrongful Convictions and Sentencing Disparities?" Criminal Justice Policy Review 6, no. 3 (September 1992): 207–28. http://dx.doi.org/10.1177/088740349200600302.
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New statutory schemes enacted to support the “War on Drugs” policies of the 1980s are being enforced in a manner which is increasing the likelihood of a greater number of wrongful convictions. This study examines these new anti-drug statutes by analyzing how and when the American criminal justice system may be incarcerating marginally culpable and even innocent defendants due to the easier convictability of those prosecuted under the new statutes. One new crime created by these statutes is “trafficking in controlled substances.” An accused can be convicted under this powerfully sanctioned crime whenever the prosecution proves that he or she is only in “constructive possession” of a statutorily designated amount of a controlled substance. The significant change embodied in the new crime of “trafficking” is that it has reduced the amount of proof which used to be necessary to convict an accused person of the old drug dealer's crime, “possession of drugs with the intent to distribute.” In “trafficking” statutes, the seminal element of the older crime has been omitted. This omission has facilitated convictions. Additionally, this study uncovers statutorily built-in sentencing disparities among the punishments which judges are forced to impose on those convicted of “trafficking” versus the punishments which judges have the discretion to impose for other equally serious felonies.
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Rattner, Arye. "Convicted but innocent: Wrongful conviction and the criminal justice system." Law and Human Behavior 12, no. 3 (1988): 283–93. http://dx.doi.org/10.1007/bf01044385.
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Schehr, Robert, Aliza B. Kaplan, and Valena Beety. "Contemporary Perspectives on Wrongful Conviction." Texas A&M Law Review 3, no. 2 (September 2015): 179–87. http://dx.doi.org/10.37419/lr.v3.i2.1.
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The Innocence Network is “an affiliation of organizations from all over the world dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, and working to redress the causes of wrongful convictions.” Beginning in 1999 and 2000 in Chicago, Illinois, a small group of interested legal and social science scholars and clinic directors met at the Northwestern University School of Law to discuss ways to investigate and litigate claims of actual innocence. The first recognized National Innocence Conference took place at the California Western School of Law in 2002, and included 130 registered attendees. The Innocence Network, building upon the successful 2002 conference, formally established an advisory Board of Directors in 2005. An annual Innocence Network conference has been held each year since 2002, with the May 2015 conference in Orlando, Florida, generating more than 500 attendees, including 150 exonerees.
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Enescu, Raluca. "Penal Orders and the Risk of Wrongful Convictions." Bergen Journal of Criminal Law & Criminal Justice 7, no. 2 (February 7, 2020): 3–20. http://dx.doi.org/10.15845/bjclcj.v7i2.2981.
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The expansion of simplified criminal procedures has been important over the last thirty years. While they certainly produce judgments at a reduced cost, recent findings hint at their higher risk of wrongful convictions. This article sheds light on the emergence of penal orders in Germany, first used by the Prussian police as mandate orders. Today, numerous countries apply penal orders to minor offences and impose penalties that have become harsher over time. The procedural shortcuts of penal orders, which made them successful in the first place, entail considerable risks of wrongful convictions. Courts are able to render justice more swiftly, but at what cost? In Germany, convictions are recorded in the Central Criminal Register and exclude convicted persons from work in many fields. This article contends that the procedural shortcuts of penal orders, which allow a preliminary prosecutorial investigation to be rendered as a judicial decision, require additional safeguards to prevent wrongful convictions.
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Lang, Connor. "The Intersection of Wrongful Convictions and Gender in Cases Where Women Were Sentenced to Death or Life in Prison Without Parole." Michigan Journal of Gender & Law, no. 27.2 (2021): 403. http://dx.doi.org/10.36641/mjgl.27.2.intersection.
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This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the women being viewed as having failed to conform to society’s expectations for women. This Note then discusses why evidence that portrayed the women as having violated society’s expectations could not have been excluded at trial and why exclusion in future cases through the rules of evidence or new legislation is challenging. This Note concludes by arguing that an awareness of how gender can contribute to wrongful convictions or the imposition of harsher sentences can help attorneys and judges guard against gender affecting the outcomes of criminal proceedings.
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Klishevich, Nataliia, and Vadym Sulitskyi. "THE ROLE OF REPENTANCE OF CONVICTS IN THE PROCESS OF THEIR CORRECTION AND RESOCIALIZATION." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 3 (May 28, 2021): 305–15. http://dx.doi.org/10.17770/sie2021vol3.6177.
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At present, the humanization of the State Penitentiary Service of Ukraine is carried out through the development and implementation of milder measures of punishment, reduction of sentences for certain crimes, the introduction of alternatives to imprisonment, such as probation. All this requires more serious and comprehensive socio-psychological research on the development and implementation of a wide range of pedagogical and socio-psychological methods of influencing the personality, group, team of convicts. Promising, in our opinion, is the psychological change in the personality of the convict by bringing him to sincere conscious repentance, reconciliation with the victim. This approach will help to correct the convict and positively influence his resocialization and create conditions for successful socialization. The purpose of our study was to determine the role and place of repentance in the process of serving a sentence by convicts and to identify the positive impact of repentance on correction and resocialization, reducing the risk of repeated wrongful acts by persons serving sentences in penal institutions. To achieve this goal, we used the following methods: analysis of scientific literature, observation, questioning, psychodiagnostics testing, extended interviews. The study was conducted in the period from 2010 to 2016 in the correctional colonies of the Donetsk region. It was attended by 3,400 clients of correctional system and 280 employees of penitentiary institutions. In the course of our research, we discovered: at present, views on the concept of "repentance" can be divided into creative, religious, philosophical, socio-psychological, pedagogical, legal; the legal interpretation of the concept of "effective repentance" and its application in the practice of justice revealed a number of problems that require solution; repentance in the psychological and pedagogical sense can be viewed as: an integral part of moral self-improvement; the acquisition of a new spiritual, moral, psychological quality of the person; the life position of the individual in relation to the world, people, his own place in life; the formation of other positive, socially recognized values; an indicator of moral maturity, spiritual and mental health.In this article we offer our own view on the role and place of repentance in the process of correction and resocialization of clients of correctional system. Scientific research of this problem is very important in a methodological sense not only for the penitentiary service, including the work of psychologists in penitentiary institutions, but also for social educators and social workers. It will contribute to the solution of general and special issues of the psychological and pedagogical process of the execution of sentences by employees of penitentiary institutions and the social and psychological process of serving sentences by convicts, will help create reliable conditions for the protection of human rights, civil liberties, including people who are serving sentences.
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Savage, Meaghan E., Kimberley A. Clow, Regina A. Schuller, and Rosemary Ricciardelli. "After Exoneration: Attributions of Responsibility Impact Perceptions." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 33, no. 01 (April 2018): 85–103. http://dx.doi.org/10.1017/cls.2018.6.
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AbstractGuided by Weiner’s (1993, Am Psychol 48:957-964) attribution theory of social motivation, we examined perceptions of exonerees. Specifically, we examined whether biased police procedures impacted perceptions of responsibility, emotional reactions, and willingness to assist exonerees. Participants read a vignette involving an exoneration due to either a false confession or an eyewitness misidentification with police practices (biased vs. unbiased) manipulated across participants. Findings corroborate that participants hold more negative views of exonerees who falsely confess than exonerees who were mistakenly identified by eyewitnesses. Moreover, when police bias was high, participants were angrier at the police and less likely to perceive the exoneree as responsible for the wrongful conviction—especially when false confessions were involved. The findings are discussed in light of Weiner’s social motivation theory, and in regards to improving attitudes towards individuals who have been wrongly convicted.
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Findley, Keith A. "The Federal Role in the Innocence Movement in America." Journal of Contemporary Criminal Justice 33, no. 1 (October 22, 2016): 61–81. http://dx.doi.org/10.1177/1043986216673009.
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Despite its small contribution to the ranks of the exonerated, and more broadly its relatively small share of all criminal cases, the federal government has played a distinct and important role in fostering and shaping the innocence movement. This article recounts the various ways in which the federal government has done so: through high-profile measures to recognize the reality of wrongful convictions, direct funding of innocence work, use of federal purse strings to shape criminal justice policy, setting an example through legislation on matters as diverse as access to postconviction DNA testing and compensating the wrongly convicted, and leadership on issues such as the problems with the forensic sciences. The article concludes that, moving forward, the committed involvement of the federal government will remain important, especially in tackling such challenging problems as flawed forensic sciences and ensuring financial resources for innocence advocates.
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Fiifi Ghartey, Alexander, and Michael William Stockdale. "Statistical evidence and sudden infant death syndrome." University of Cape Coast Law Journal 1, no. 1 (June 1, 2021): 135–48. http://dx.doi.org/10.47963/ucclj.v1i1.228.
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tatistical evidence is one of the prima facie tools used in the courtroom in common law jurisdictions. This paper is a case study aimed at describing the role of expert statistical evidence and how it influenced the outcome of the Sally Clark case.Sally Clark, a solicitor by profession, who was wrongly convicted and imprisoned by the Chester Crown Court in England in 1999 for the alleged murder of her two children. The prosecution’s expert witness Professor Sir Roy Meadow, a consultant paediatrician, claimed in his statistical evidence that “the probability of two sudden infant death syndrome cases (SIDS) in one family matching the profile of the appellant was 1 in 73 million.”Though upon appeal the Court of Appeal (Criminal Division) quashed the appellant’s conviction in 2003, it brought to the fore the application of statistics in the courtroom and its overall impact on the justice system. It is revealed that statistical evidence should not be used to establish the truth of an ultimate issue with scientific certainty. Expert witnesses should not adduce evidence recklessly. The use of any far-reaching statistics as evidence requires the services of experts with competence in medical statistics. The criminal justice system has a huge task of exposing true child abusers. But the socio-economic cost of wrongful conviction of accused parents of SIDS cases is immense. Tragically, Sally Clark never came to terms with her wrongful conviction and in 2007 drank herself to death.
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Spaulding, Rebekah. "In the Wake of Rubin “Hurricane” Carter: The Plight of John Artis." New Jersey Studies: An Interdisciplinary Journal 2, no. 2 (July 1, 2016): 61. http://dx.doi.org/10.14713/njs.v2i2.48.
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<p class="BodyA">In the summer of 1966 in Paterson, New Jersey, Rubin “Hurricane” Carter and John Artis were arrested on suspicion of triple homicide. Tried and convicted the following year, Carter and Artis would spend almost twenty years in jail, despite evidence of witness tampering and police malfeasance. During and after their incarceration, Carter received an abundance of public support due to his famous boxing career, while Artis often went unnoticed as a secondary character by the media. By examining the details surrounding Carter and Artis’s wrongful imprisonment, it is clear to see the institutional racism and systematic criminalization of African Americans, as well as the impact of notoriety in criminal justice. While this case is undoubtedly a gross miscarriage of justice, it is the forgotten story of John Artis that shows the flaws of the criminal justice system and how society is told to remember its history.</p>
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Shadrin, V. S., and B. B. Bulatov. "Features of Obtaining, Evaluating and Using of Testimony of a Person Questioned in a Criminal Case of an Accomplice." Actual Problems of Russian Law 16, no. 2 (February 26, 2021): 102–13. http://dx.doi.org/10.17803/1994-1471.2021.123.2.102-113.
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Under Article 56.1 of the Criminal Procedure Code of the Russian Federation, an individual in whose respect the criminal case was separated into a separate proceeding due to the conclusion of a pre-trial cooperation agreement among the participants of the Russian criminal proceedings has appeared. This results in intensification of the discussion of the legal status of not only this individual, but also of a number of other actually existing similar participants. They include, inter alia, a convicted person questioned in the case of his accomplice previously allocated to a separate proceeding due to suspension for one reason or another and subsequently resumed; the person against whom the criminal case has been dismissed, etc. All of them are united by the fact that they are involved in criminal investigations against the accomplices to testify against their wrongful actions. This kind of testimony is of considerable specificity, as it is given by persons with the privilege against self-incrimination and interested in the outcome of the case. This predetermines significant nuances of the procedure of obtaining, evaluating and using such testimonies.
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Kazarian, MéLinée. "Who Should We Blame for Healthcare Failings? Lessons from the French Tainted Blood Scandal." Medical Law Review 27, no. 3 (2019): 390–405. http://dx.doi.org/10.1093/medlaw/fwz004.
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Abstract Many well-known cases of ‘medical manslaughter’ have shown that systemic issues play a significant role in contributing to fatal errors in healthcare institutions. The most prominent NHS scandal, Mid Staffordshire, demonstrated that wrongful prioritization of resources and staff shortages had contributed to the deaths of between 400 and 1200 patients due to appalling care by nursing staff and doctors between 2005 and 2009. Following the scandal, the Trust was prosecuted and convicted of a criminal offence under the Health and Safety at Work Act 1974 in 2014 and 2015. In contrast, in a scandal of comparable scale across the Channel, ‘the HIV-contaminated blood scandal’, individual decision-makers were subject to criminal convictions. Learning from features of the French criminal process, and the aftermath of the 1980s French tainted blood scandal, this article argues that the criminal process can only be a useful response to healthcare systemic failings if higher-level decision-makers are also included in the scope of criminal liability when they have recklessly endangered patients. When no individual reckless fault is found on the part of decision-makers, corporate criminal liability is a suitable alternative to individual criminal liability, if it is focused on ensuring safety and offering justice to patients who have been harmed as a result of healthcare systemic failings.
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Дечкин, Олег Михайлович. "INDORMATION ABOUT THE COMMISSION OF INTENTIONAL CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL COLONIES." Vestnik Samarskogo iuridicheskogo instituta, no. 3(39) (October 15, 2020): 18–23. http://dx.doi.org/10.37523/sui.2020.39.3.002.
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В научной статье исследованы особенности данных обстановки умышленного причинения вреда жизни и здоровью осужденными в исправительных колониях, так как они выступают одними из важных составляющих криминалистической характеристики преступлений. Такие сведения содержат ту информацию, которая позволяет следователю (дознавателю) быстрее сориентироваться в произошедшем событии, проанализировать условия, предшествующие и сопутствующие противоправным действиям преступника, влияющие на формирование структурных элементов преступления, а также указывающие на определенные факторы, воздействующие на событие преступления, на несоответствие между способом и механизмом преступления и т. п. В контексте умышленных преступлений против жизни и здоровья осужденными в ИК обстановка в большей мере характеризуется взаимосвязанными и взаимообусловленными обстоятельствами места и времени. Выделение таких сведений способствует своевременному эффективному расследованию данных преступных деяний. The scientific article examined the peculiarities of the status information about intentional harm to the life and health of convicts in correctional colonies, since they may be considered as ones of the important components of the crimjinalistic characteristic of crimes. Such data contain the information that allows the investigator (interrogator) to navigate most quickly in the event, analyze the conditions preceding and accompanying the wrongful actions of the offender, influencing the formation of structural elements of the crime, as well as indicating certain factors influencing the event of the crime, inconsistencies between the method and mechanism of the crime, etc. In the context of deliberate crimes against the life and health of convicts in the correctional colonies, the situation is more characterized by the circumstances of place and time, interconnected and mutually connected. The revealing of such information contributes to the good, effective investigation of these criminal acts.
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Al-Saleh, Ebtisam, Kefah Al-Soury, and Hanan Al-Daher. "The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations." Journal of Social Sciences (COES&RJ-JSS) 9, no. 2 (April 1, 2020): 482. http://dx.doi.org/10.25255/jss.2020.9.2.482.504.
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The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again ( socializing ), and to play a constructive role in the society, and not to return to violating the law again, unlike the traditional policy in the criminal justice, which did not give the sufficient weight to the personal and objective circumstances of the child , and it focused on the punishment and criminalization for every wrongful act without looking at restorative alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases. In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system. This is what Islamic Shari’a called fourteen centuries ago. The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated. According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.
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Reidenbach, Dirk. "Executives’ Liability for Incorrect Ad Hoc Announcements – A Comment on the Decision of the German Federal Court of Justice (BGH) in In re Infomatec AG, BGH II ZR 217/03, 218/03 and 402/02 of 19 July 2004." German Law Journal 5, no. 9 (September 1, 2004): 1081–93. http://dx.doi.org/10.1017/s2071832200013092.
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From March 1997 until 5 June 2003, the Frankfurt Stock Exchange (Frankfurter Wertpapierbörse, FWB) maintained the “Neuer Markt“ as a segment of the over-the-counter-market for new economy/technology companies. The 50 “biggest” companies were admitted to the Neuer Markt Index (NEMAX50®) of Deutsche Börse AG, which is now only formally being continued, after termination of the Neuer Markt, until the end of 2004, and is already succeeded by the smaller TecDAX30®. Initially a success after rising some 500% from March 1997 to mid 2000, the Index dropped from over 9000 points to below 1000 points in March 2002, a loss of 90% or 200 billion Euros. The reasons for this development are manifold and not primarily to be found in the illegal behavior of the issuers or their officials. Still, legal proceedings concerning companies like Meta@box, EM.TV, Comroad, Biodata and Refugium uncovered that in many cases wrongful acts did occur, especially in the form of incorrect balance sheets and wrong or even fraudulent communication to the market. The three parallel cases the German Federal Court of Justice (Bundesgerichtshof, BGH) had to consider, concerned one of these failing – and now insolvent -companies, Infomatec AG. In criminal proceedings the two executives (CEO and his deputy) of this company against whom the civil lawsuits had been filed, were convicted of insider trading and market manipulation. One criminal case is still on appeal. The findings of the criminal proceedings, however, were not relevant to the civil proceedings.
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McCartney, Carole, and Louise Shorter. "Police retention and storage of evidence in England and Wales." International Journal of Police Science & Management 22, no. 2 (December 26, 2019): 123–36. http://dx.doi.org/10.1177/1461355719891741.
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Central to the operation of the appellate system, is the ability of individuals who claim that their conviction is in error, to revisit and re-examine evidence gathered during the investigation, as well as that relied upon at their trial. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post conviction. There is also an imperative for forces to retain evidence in investigations in which no perpetrator has been detected or convicted, to facilitate cold case reviews. In order to give effect then to an appellate system and enable cold case reviews, evidence needs to be retained and properly stored. If materials are not retained and stored correctly, then re-investigations are rendered impossible. Retention is especially critical in respect of physical materials that could be subject to forensic examination. With the progress of science and technology, and the interpretation of results, it is essential that such physical (and now, often digital) materials are retained for future (re)evaluation. From analysis of responses to a Freedom of Information request to all police forces in England and Wales, and qualitative interviews with criminal justice stakeholders, this article examines the retention and storage of materials, and considers the operation and future of the Forensic Archive Ltd. It details a worrying picture of inconsistency, with confusion over what should be retained, and how. It concludes that justice demands that we accept that the proper retention and storage of materials is fundamental to the fair and effective operation of our criminal justice system, and ensures that the Court of Appeal can fulfil its remit in addressing wrongful convictions and forces can pursue justice in cold cases.
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Nida, I. Gede Banyu Bagastya, A. A. Sagung Laksmi Dewi, and I. Made Budiyasa. "Pertanggung Jawaban Pihak Kepolisian dan Upaya Hukum yang Dilakukan Tersangka atas Terjadinya Salah Tangkap." Jurnal Preferensi Hukum 1, no. 2 (September 15, 2020): 51–56. http://dx.doi.org/10.22225/jph.1.2.2376.51-56.
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The criminal justice system is obliged, namely to carry out detailed examinations, prioritize evidence and facts that are strong enough to determine that a person is guilty in criminal matters, and is able to carry out convictions with a purpose that is in accordance with the crime itself and the rights that should be accepted by the convicted person. This research is a normative legal research, so the research focus is on library research. The objectives of this study are: to know the responsibility of the police if there is a wrong arrest and to know the legal remedies that the suspect can take if a wrong arrest occurs. The results of the research show how Police Investigators are held accountable for irregularities in carrying out their duties and legal remedies that can be taken by the suspect in the event of irregularities by the Police Investigator. First, the forms of sanctions contained in the Code of Ethics for the Indonesian National Police if they are violated are as follows; a) Violation behavior is declared as despicable act; b) The offender's obligation to apologize in a limited or direct manner; c) The violator's obligation to follow professional reinvention; d) The offender is declared no longer entitled to carry out the police function, then legal remedies that can be taken if a violation occurs in accordance with Article 1 paragraph 22 of the Criminal Procedure Code, compensation. The legal basis for the claim for compensation is article 77 letter b KUHAP, then rehabilitation according to article 1 paragraph 10 KUHAP point c. From this research it can be concluded that the form of accountability carried out by the Police investigators is divided into 2, namely material accountability, namely the sanction of forgiveness and immaterial accountability, namely about sanctions in the form of mandatory recovery at the Polri educational institution. Meanwhile, the legal remedy that can be taken by the victim of a wrongful arrest is to file a claim for compensation and rehabilitation.