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.
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This collection of articles is an important contribution to the understanding of the reasons giving rise to wrongful convictions and the legal and technological means that can be used to prevent wrongful convictions and also to exonerate innocent people wrongly convicted. It includes contributions by practitioners (including supreme court judges) as well as legal scholars and criminologists from different jurisdictions and different methodologies. This collection will be extensively used by judges, theorists, and policymakers in an effort to promote justice in the criminal system.
Prof. Alon HarelPhillip and Estelle Mizock Chair in Administrative and Criminal LawThe Faculty of Law, The Hebrew University of Jerusalem.
Scholars and activists in the "Innocence Movement" have realized in the past decade that countries around the world have much in common when it comes to fighting wrongful convictions. We all have so much to learn, but also so much to learn from each other. This book is an important addition to the global fight against such miscarriages of justice. It covers all the essential topics but from an important international angle, and through diverse voices from around the world. It is a much-needed new perspective on an international problem.
Prof, Mark GodseyDaniel P. and Judith L. Carmichael Professor of LawUniversity of Cincinnati College of LawDirector, Rosenthal Institute for Justice/Ohio Innocence Project
This comprehensive collection provides not only a multi-disciplinary examination of the causes of wrongful convictions, but also provides an examination of models of exoneration around the world. By introducing unique systems that could serve as models for exoneration and focusing on countries that have such models (UK, Norway, New Zealand, North Carolina), those that are undergoing major reforms (Canada) and those that are in need of reform (Australia, Israel), this book encourages readers to consider what kind of reform is necessary in their own country. Essentially, this collection is a must-read for researchers and practitioners who study and deal with the issue of wrongful convictions as it encourages practical solutions.
Professor Kana SasakuraFaculty of Law, Konan UniversityKobe, JapanInnocence Project Japan
Wrongful Convictions and the Criminalization of Innocence: International Perspectives on Contributing Factors, Models of Exoneration and Case Studies offers though-provoking chapters derived from conferences on miscarriages of justice held in Canada and Israel. The essays display the advances gained and the challenges that remain as different countries confront the problem of wrongful convictions. This volume is a foundation for a new generation of innocence scholarship.
Professor Marvin Zalman, J.D., Ph.D.Professor (retd.), Criminology/Criminal Justice Department, Wayne State University, Detroit
Foreword
Morris Fish (Canada)
Introduction
Barak Ariel (Israel)
Part 1: Judicial Perspectives on Wrongful Convictions
Chapter
1. The Pathology of Wrongful Convictions: Perspectives From the
Bench
Ian Binnie (Canada)
Chapter
2. Israeli Criminal Law and Confessions: The Queen of Evidence
Meets the Talmud
Neal Hendel (Israel)
Part 2: Factors Contributing to Wrongful Convictions, Detection and
Correction
Chapter
3. Police Investigations and False Confession
Boaz Sangero (Israel)
Chapter
4. Police Deception: How Lies and Undercover Operations Contribute to
False Confessions
Rinat Kitai-Sangero (Israel)
Chapter
5. Jailhouse Informants in Canadian Courtrooms: Problems and
Solutions
Erica Guillione and Kathryn Campbell (Canada)
Chapter
6. Eyewitness Identification - Recommendations by the Public
Committee for the Prevention of False Convictions and Their Correction
Danziger Committee Report (Israel)
Chapter
7. Does the Bystander Look Criminal or Just Familiar? A Laboratory
Experiment on Eyewitness Misidentification
Lea Jaeger and Israel Nachson (Israel)
Chapter
8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful
Convictions
Kent Roach (Canada)
Chapter
9. Forensic Pathology in Canada
John Butt (Canada)
Chapter
10. Three wrongs dont make a right: On the near impossibility of
post-conviction forensic testing in Israel
Rottem Rosenberg-Rubins (Israel)
Part 3: Post Conviction Models of Exoneration
Chapter
11. Institutional Models for Exoneration The Criminal Cases Review
Commission
Hannah Quirk (UK)
Chapter
12. The North Carolina Innocence Inquiry Commission: An Innovative
Approach to Post-Conviction Claims of Factual Innocence
Lindsey Guise Smith (USA)
Chapter
13. The Reopening of Criminal Cases in Norway
Siv Hallgren (Norway)
Chapter
14. The New Zealand Experience: Te Khui Ttari Ture/The Criminal
Cases Review Commission
Colin Carruthers and Parekawhia McLean (New Zealand)
Chapter
15. Miscarriages of Justice in Australia: Unfinished Business
The Hon. Michael Kirby AC CMG (Australia)
Chapter
16. UK Criminal Cases Review Commission and the Slow Road to Policy
Transfer in Canada
Clive Walker and Kathryn Campbell (Canada)
Chapter
17. Retrial in Israel: A Need for a Restart
Mordechai Kremnitzer and Gal Harnik Blum (Israel)
Part 4: Case Studies
Chapter
18. The Interrogation
Hanan Peled and Avidgor Feldman (Israel)
Chapter
19. The Wrongful Conviction of Jens Soering
Irwin Cotler (USA)
Chapter
20. The Wilbert Coffin Story: A Miscarriage of Justice?
Michael Rooney, Hanna Irwin, and Kathryn M. Campbell (Canada)
References
Kathryn M. Campbell is a 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 criminologie (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 University of Cambridge. His research interests lie in the area of policing, victimology, and law and society.
Anat Horovitz is a faculty member of the Hebrew University Faculty of Law, where she lectures and serves as the Academic Director of the Innocence Clinic and the Criminal Law Clinic. Anat stepped down from her ten-year position as Deputy Head of the Israel Public Defender Office in 2022, was a member of the Public Committee on Wrongful Convictions and Miscarriages of Justice (2018- 2022), and served on the Advisory Committee to the Minister of Justice on Criminal Procedure (2005-2012, 2018-2022). Anat holds a LL.B. (Hebrew University), LL.M. (London School of Economics); LL.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 the International Chair of the Raoul Wallenberg Centre for Human Rights, an 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.
