The high - profile
wrongful conviction cases of the Guildford Four and the Birmingham Six served as catalysts for change in the United Kingdom.
But such power by threat, can force a guilty plea by an innocent person — see
the wrongful conviction case of, R. v. Hanemaayer, 2008 ONCA 580, 234 C.C.C. (3d) 3.
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.
Not exact matches
De Blasio's pledge to settle the
wrongful conviction lawsuit brought by five men known as the «Central Park Five» against the city could cost tens
of millions
of dollars, according to recent
cases with similar circumstances, even as legal experts said it is a
case the city could possibly win.
He dropped appeals
of a judge's ruling on stop - and - frisk and he settled the long - running
wrongful conviction case for the «Central Park Five.»
After reviewing 30
cases of potential
wrongful imprisonment for murder from the tenure
of his controversial predecessor Charles Hynes, Brooklyn District Attorney Kenneth Thompson's office has begun to investigate the former prosecutor's non-homicide felony
convictions, too.
The district attorney's office has a
wrongful conviction unit working on botched
cases, but Adams said that apart from individual
cases there hasn't been a full accounting
of what went wrong and who was responsible.
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.
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.
My book looks at 11
cases of alleged
wrongful conviction, all
of which raise serious questions about the justice system.
After all, as any honourable Crown prosecutor is well aware, the nondisclosure
of exculpatory evidence has been identified as a hallmark
of so many
wrongful conviction cases.
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.
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 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 Murderer.
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 →
Young is also the director
of the Innocence Project at Osgoode Hall, which teaches students how to investigate
cases of wrongful conviction.
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.
AIDWYC contends that Canadian
cases of alleged
wrongful convictions should «not [be] examined from the adversarial perspective
of trying to show that the convicted person was rightfully treated by the court system» as occurs at present through the Minister
of Justice's current practice under section 696.1147 Rather, AIDWYC argues that an independent review board like CCRC should «undertake a fresh review without bias.»
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.
Anyone claiming to have experienced a
wrongful conviction may apply to the CCRC for
case review, with or without the aid
of a solicitor.
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.
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.
Unfortunately,
wrongful conviction cases all - too - often involve sleeping lawyers, drunk lawyers, and lawyers who fail to investigate or call necessary experts — either due to lack
of diligence, lack
of experience, or lack
of funds.
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.
Marvin's
case is an extreme example
of a pervasive problem in
wrongful conviction cases: inadequate defense counsel.
The Supreme Court agreed with the $ 1.1 million payment for non-pecuniary damages but confirmed that an award
of 3 million dollars for
wrongful conviction was too much for this
case:
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.»
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).
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.
If you were a fan
of Making a Murderer, consider delving into Defrosting Cold
Cases, which compiles evidence for both
wrongful convictions and crimes for which no one has yet been brought to justice.
As a matter
of political mood, I suspect the «average» voter now is not too troubled by historic problems with the administration
of the death penalty, largely because some recent big capital
cases involve mass murderer with no concerns about a possible
wrongful conviction or terrible defense lawyering.
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.
The
case of Keith Harward, a 2016 MAIP exoneree, is the subject
of the newest episode
of the «
Wrongful Conviction with Jason Flom» podcast.
As is the
case for the majority
of wrongful convictions, faulty eyewitness testimony was at the root
of Porter's
case and
conviction.
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.
Prior to her work at MAIP, she served as a law clerk to Judge Gladys Kessler
of the U.S. District Court for the District
of Columbia and was the
case coordinator at the Center on
Wrongful Convictions at the Northwestern University School
of Law.
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.
Cases based on the SBS / AHT hypothesis pose a serious risk
of wrongful conviction.
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.