Sentences with phrase «in wrongful conviction cases»

In wrongful conviction cases however the Supreme Court of Canada confirmed that the limit does not apply to damages for non ‑ pecuniary loss that do not stem from bodily injury (relying on Cinar Corporation v. Robinson, 2013 SCC 73, [2013] 3 S.C.R. 1168, at para. 97).

Marvin's case is an extreme example of a pervasive problem in wrongful conviction cases: inadequate defense counsel.

In this wrongful conviction case the Province was ordered to pay compensatory damages in the amount of $ 530,000, special damages in the amount of $ 56,691.80, and damages in the amount of $ 7,500,000 to serve both the vindication and deterrence functions... Continue reading →

Still, Devine says that in the wrongful conviction case of Anthony Porter, who was freed largely because of information uncovered by the Innocence Project, he never considered subpoenaing the Northwestern students.

Based on the DNA evidence, and the new evidence that Det. Handy was recommended for a criminal investigation for his misconduct in another wrongful conviction case, Meade County Circuit Court Judge Bruce Butler vacated Hardin's and Clark's convictions in July 2016 and later released them on bail.

Not exact matches

He put Eric Gonzalez in charge of setting up the unit, which to date has overturned 22 wrongful convictions, with another 100 cases under review.

After Willingham was executed, the Innocence Project, a national nonprofit legal organization focused on overturning wrongful convictions, assembled a team of leading arson investigators, who concluded that none of the evidence for arson in the case was scientifically valid.

In the upcoming ABC drama Conviction, which is airing early next week, Atwell plays a former (and fictional) First Daughter named Hayes Morrison who rather reluctantly teams up with the Conviction Integrity Unit, a group that examines cases for potential wrongful convictions.

Called «a tireless defender of the underdog,» Lockyer has been involved in exposing many wrongful convictions in Canada, including the cases of Steven Truscott, Guy Paul Morin, David Milgaard, Clayton Johnson, Peter Frumusa and Gregory Parsons.

He is also the director of the Osgoode Hall Innocence Project, which involves LLB students in the investigation of suspected cases of wrongful conviction and imprisonment.

Behavioral Ethics and Wrongful Convictions: Case Studies in Ethical Failures in Criminal Justice - Catherine L. Bonventre, Guilford College; Robert J. Norris, Appalachian State University; Matthew Sciascia, Appalachian State University

Although our criminal justice system is considered one of the best in the world, it remains the case that wrongful convictions and miscarriages of justice can and do occur, especially in the context of allegations of sexual offences.

But the ruling also said where a witness's credibility is central to the case, «the possibility of wrongful conviction must weigh heavily in the balance.»

That is why the burden of proof in criminal cases must be as high as it is, «proof beyond a reasonable doubt» — to provide adequate protection against wrongful convictions.

In fact, even cases where the evidence against the accused seems strongest haven't been immune to wrongful convictions.

A conviction for operating under the influence will be strong evidence in any case involving personal injury or wrongful death.

The Court of Appeal allowed the appeal, citing Hill v. Hamilton Wentworth Police Services Board for the principle that a plaintiff suing for wrongful conviction (or in this case, wrongful detention) can not be held to have discovered the facts in support of his or her claim until there is a formal ruling or finding confirming the wrongful conviction (or detention).

In cases which arise from wrongful criminal convictions, resolution of the criminal charges in a manner favourable to the plaintiff may be required before a cause of action can arisIn cases which arise from wrongful criminal convictions, resolution of the criminal charges in a manner favourable to the plaintiff may be required before a cause of action can arisin a manner favourable to the plaintiff may be required before a cause of action can arise.

The problem of false confessions is widespread in New York; according to the Innocence Project statistics quoted in the City Room blog post, false confessions or admissions were involved in 10 of the 23 wrongful conviction cases in the state since 1991.

In the same week that Arntfield dismissed the idea of Canadian wrongful convictions, there were two major stories in the national news media regarding cases with exactly the kinds of problems highlighted in Making a MurdereIn the same week that Arntfield dismissed the idea of Canadian wrongful convictions, there were two major stories in the national news media regarding cases with exactly the kinds of problems highlighted in Making a Murderein the national news media regarding cases with exactly the kinds of problems highlighted in Making a Murderein Making a Murderer.

The high - profile wrongful conviction cases of the Guildford Four and the Birmingham Six served as catalysts for change in the United Kingdom.

Some commentators argue that the IPA takes a «proactive approach in addressing wrongful convictions by aiming to provide better legal representation» to defendants in state capital cases.

Regardless of the approach adopted, there are compelling reasons to believe that an independent review body that is knowledgeable in cases of wrongful convictions, has special administrative powers, and possesses expertise in reviewing claims is a far more effective way of addressing claims of miscarriages of justice than the current model.

Part I of this paper analyzes the ways that researchers, particularly in the United States, have attempted to define and identify cases of wrongful conviction.

Further, the Commission's work, insofar as it uncovers cases of wrongful conviction, would save considerable public funds that would otherwise be spent in the continued imprisonment of the wrongly convicted person.

I recommend that, in the future, there should be a completely independent entity established which can effectively, efficiently, and quickly review cases in which wrongful conviction is alleged.

Despite the public awareness of wrongful conviction cases in Canada and the calls by advocates and organizations for an independent body to investigate such cases, the Minister of Justice has determined that «an independent body for conviction review [is] not needed in Canada.»

Since 1986, seven public commissions of inquiry have been held in Canada following cases of confirmed wrongful convictions.

Lawyer Don Bayne lays out the reasons he believes it could result in a case of wrongful conviction.

There are many causes of wrongful convictions, and more than one can be present in a given case.

In a significant portion of wrongful conviction cases, helpful information is not disclosed.

The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.

Politte's case gained national recognition when it was selected as one of three wrongful conviction cases featured in the MTV hit show «Unlocking the Truth.»

Regardless of where you stand on the question of whether there should be criminal prosecution in these cases (you can read my thoughts on this here), any Maryland accident lawyer will tell you that this question is of little consequence to the family's wrongful death lawsuit because there is little difference to the accident case whether the conviction is for vehicular manslaughter or for the ticket that this P.G. County police officer did receive in this case (assuming the ticket is involves something beyond speeding).

It turned out that the world - renowned expert in Brant's case was a man now known to be responsible for scores of wrongful convictions — disgraced former pathologist Charles Smith.

The case of Keith Harward (exonerated in 2016 by a team of lawyers from Skadden, including MAIP Board Member Donald Salzman, and the Innocence Project) is the subject of the latest episode of the podcast called Wrongful Conviction with Jason Flom.

These lawyers, many from large firms some solo practitioners, met for 6 hours each day and learned about the causes of wrongful convictions, what to expect in a state criminal courtroom, how to deconstruct a case, and post-conviction law.

In many cases, a person was coerced into a false confession that resulted in not only a wrongful conviction, but also denied them justice through DNA testing.&raquIn many cases, a person was coerced into a false confession that resulted in not only a wrongful conviction, but also denied them justice through DNA testing.&raquin not only a wrongful conviction, but also denied them justice through DNA testing.»

Since graduating from Miami Law a little over 20 years ago, Klinkosum has defended thousands of individuals in cases ranging from misdemeanors to capital crimes and wrongful convictions.

Our personal injury attorneys continue to amass an impressive record of multimillion - dollar settlements and precedent - setting verdicts in cases ranging from scaffolding falls to wrongful conviction and incarceration.

Arguing that the death penalty should not be permitted for non-homicide child sexual assault cases because child witnesses are especially susceptible to suggestion and are unreliable, so that the risk of wrongful conviction and wrongful execution are unacceptably high in such cases.

The starting point is always the landmark ruling of the Supreme Court of Canada in R v Stinchcombe, [1991] 3 SCR 326 that was decided against the background of a high profile case involving a wrongful conviction for murder.

These are two able lawyers who have worked for years to overturn wrongful convictions and ensure that evidence, particularly in cases where young people are involved, is reliable.

The Mid-Atlantic Innocence Project, which investigates suspected wrongful convictions, began looking into Johnson's case in 2010.

Perhaps the fact that 45 % of wrongful convictions in capital cases are based on jailhouse snitches has something to do with it.

Lawyers from the University of Michigan's Michigan Innocence Clinic and Northwestern University's Center on Wrongful Convictions took up McCann's case in response to Target 8's Making a Monster investigation that showed police lied repeatedly while interrogating him.

Wrongful convictions are not isolated cases: They are the signs that something is going wrong in our justice system that we must fix.

The case concerned the ex gratia scheme for compensating people for periods in custody following wrongful conviction or charge resulting from the serious default of a public authority.

In this podcast, Mr. Stolarz speaks with DPIC's Robin Konrad about the legal issues in Brown's case, discussing the culture of conviction and the prosecutorial misconduct that led to Brown's wrongful convictioIn this podcast, Mr. Stolarz speaks with DPIC's Robin Konrad about the legal issues in Brown's case, discussing the culture of conviction and the prosecutorial misconduct that led to Brown's wrongful convictioin Brown's case, discussing the culture of conviction and the prosecutorial misconduct that led to Brown's wrongful conviction.

[that wouldn't be allowed in under normal circumstances] and the very fact that deposed officers in a major civil case * where their own assets were on the line as the insurance for wrongful conviction suits dropped them * were allowed to step one foot on that property?