This edited international collection explores the nature and extent of wrongful convictions, as well as examining the systems in place that attempt to exonerate the wrongly convicted. Inspired by two conventions of legal scholars, jurists, lawyers, and law students gathered to examine miscarriages of justice as well as the means to address them, in Israel and Canada, this compilation presents work arising from those workshops as well as newer research dedicated to examining this phenomenon. With a thoughtful and evidence-based approach by leading international legal scholars and jurists, this book offers a timely analysis given the burgeoning interest in the study of miscarriages of justice across the globe.
The book is useful for all those interested in studying miscarriages of justice, why they occur, and how to eliminate or minimize them, including students and professionals involved in criminology, criminal law, and innocence work, as well as comparative criminology and legal scholars.
This edited international collection explores the nature and extent of wrongful convictions, as well as examining the systems in place that attempt to exonerate the wrongly convicted.
Foreword
Morris J. Fish
Introduction
Barak Ariel
Part 1: Judicial Perspectives on Wrongful Convictions
Chapter
1. The Pathology of Wrongful Convictions: Perspectives from the
Bench
Ian Binnie
Chapter
2. Israeli Criminal Law and Confessions: The Queen of Evidence
Meets the Talmud
Neal Hendel
Part 2: Factors Contributing to Wrongful Convictions, Detection and
Correction
Chapter
3. Police Investigation and False Convictions
Boaz Sangero
Chapter
4. Police Deception: How Lies and Undercover Operations Contribute to
False Confessions
Rinat Kitai-Sangero
Chapter
5. Jailhouse Informants in Canadian Courtrooms: Problems and
Solutions
Erica M. Giulione and Kathryn M. Campbell
Chapter
6. Eyewitness Identification Recommendations by the Public
Committee for the Prevention of False Convictions and Their Correction
Danziger Committee
Chapter
7. Does the Bystander Look Criminal or Just Familiar? A Laboratory
Experiment on Eyewitness Misidentification
Lea Jaeger and Israel Nachson
Chapter
8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful
Convictions
Kent Roach
Chapter
9. Forensic Pathology in Canada
John C. Butt
Chapter
10. Three Wrongs Dont Make a Right: On the Near Impossibility of
Post-Conviction Forensic Testing in Israel
Rottem Rosenberg-Rubins
Part 3: Post-Conviction Models of Exoneration
Chapter
11. Institutional Models for Exoneration The Criminal Cases Review
Commission
Hannah Quirk
Chapter
12. The North Carolina Innocence Inquiry Commission: An Innovative
Approach to Post-Conviction Claims of Factual Innocence
Lindsey Guise Smith
Chapter
13. The Reopening of Criminal Cases in Norway
Siv Hallgren
Chapter
14. The New Zealand Experience: Te Khui Ttari Ture The Criminal
Cases Review Commission
Colin Carruthers and Parekawhia McLean
Chapter
15. Miscarriages of Justice in Australia: Unfinished Business
Michael Kirby
Chapter
16. UK Criminal Cases Review Commissions and the Slow Road to Policy
Transfer in Canada
Clive P. Walker and Kathryn M. Campbell
Chapter
17. Retrial in Israel: The Need for a Restart
Mordechai Kremnitzer and Gal Harnik Blum
Part 4: Case Studies
Chapter
18. The Interrogation
Hanan Peled and Avigdor Feldman
Chapter
19. The Wilbert Coffin Story: A Miscarriage of Justice?
Michael Rooney, Hanna Irwin, and Kathryn M. Campbell
Legislation
Jurisprudence
Secondary Materials: Articles
Secondary Materials: Monographs
Other Materials
Index
Kathryn M. Campbell is Professor of Criminology at the University of Ottawa, Ontario, Canada. She holds a B.A. in Psychology (McGill), an M.Phil in Criminology (Cantab), a Ph.D. in Criminology (Universite de Montreal) and a BCL/LLB (McGill). Professor Campbell has long been interested in studying social justice, including issues of equality and rights under the law, for various individuals and groups. Professor Campbell has published extensively in the areas of miscarriages of justice, young persons and criminal law, and Indigenous justice issues.
Barak Ariel is a Professor at the Institute of Criminology, Faculty of Law at the Hebrew University of Jerusalem and Professor of Experimental Criminology at the University of Cambridge. He is the current Director of the Police Executive Cambridge at the University of Cambridge. His research interests lie in the areas of policing, victimology and law and society.
Anat Horovitz is a faculty member of the Hebrew University Faculty of Law, where she teaches Criminal Procedure and serves as the Academic Director of the Innocence Clinic. Anat stepped down from her ten-year position as Deputy Head of Israels Public Defenders Office in 2022, was a member of the Public Committee on Wrongful Convictions and Miscarriages of Justice (20182022) and served on the Advisory Committee to the Minister of Justice on Criminal Procedure (20052012, 20182022). Anat holds an L.L.B. (Hebrew University), L.L.M. (London School of Economics) and L.L.D. (Hebrew University), interned at the Israel Supreme Court and worked for a decade as an associate and partner at a law firm, specializing in white-collar crime.
Irwin Cotler, PC, OC, OQ, is International Chair of the Raoul Wallenberg Centre for Human Rights, Emeritus Professor of Law at McGill University, former Minister of Justice and Attorney General of Canada and long-time Member of Parliament, and an international human rights lawyer. A constitutional and comparative law scholar, Professor Cotler is the author of numerous publications and seminal legal articles and has written upon and intervened in landmark Charter of Rights cases in the areas of free speech, freedom of religion, minority rights, peace law and war crimes justice.
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