Wrongful Convictions Flashcards
Define Wrongful Conviction
when an individual has been arrested on criminal charges and has either plead guilty or has been tried and found guilty; and who, notwithstanding plea or verdict, is in fact innocent
What are the two types of convictions?
- factual innocence
- legal innocence
Factual Innocence
the person convicted is factually innocent
- factually did not do the crime they are accused of
- ex. they had an alibi
Legal Innocence
there were procedural errors that violated the convicted person’s rights
- ex. convicted someone under a statute that no longer exists
- ex. threshold beyond reasonable doubt has not been reached
Is there one specific cause or event of wrongful convictions?
wrongful convictions is very seldom the cause of one specific cause or event, often different causes overlapping and leading to a wrongful conviction
What is the leading cause of wrongful convictions?
Eyewitness identification error
What are the 9 Causes of Wrongful Convictions
- Eyewitness Identification Error
- False Confessions
- Mr. Big Stings
- False guilty pleas
- Tunnel Vision
- Systemic Discrimination
- Evolution of and Errors in Forensic Science
- Jailhouse Informant Testimony
- Professional Misconduct
Cross-race effect
individuals are better able to correctly identify individuals who are the same race
- is a psychological phenomena
- people are less likely to recognize a different race
Who has the onus to educate the jury about the fallibility of eyewitnesses?
the judge - defence lawyers cannot call experts to discuss the fallibility of eyewitnesses
Suggestive Policing
when police communicates information to an eyewitness which causes them to change their account of events
Unconsciousness Transferase
transferring information to the crime from other situations
Malleability of confidence
confidence of our memory can be shaped by other people
False Confessions
once someone has confessed, people have a hard time understanding that someone could admit to something that they did not do
Confessions Rule
as an attempt to safeguard the statement has to be completely voluntary and crown has to prove that was 100% voluntary
Case of Romeo Phillian - ex. False Confession
accused of killing a firefighter and only confessed because there was a reward and he wanted to give the reward to his spouse, he recanted his confession but had to spend 31 years in prison
Mr. Big Stings
you think that someone is guilty but do not have enough evidence to convict them, so you track them, have an undercover operation, get involved in gang - low level crimes
- Mr. Big is the head of the gang and to prove yourself you have to disclose crimes that you have committed
False Guilty Pleas
if people believe that they have an insurmountable case against them, they do this to get a shorter sentence
Tunnel Vision
focusing on one suspect to the exclusion of others
- similar to confirmation bias
- present in cases where there is a lot of pressure to find the perp
Evolution of and Errors in Forensic Science
- DNA analysis introduced in the 80s
- ex. handwriting analysis, bite mark analysis etc. were considered to be 100% accurate
- erroneous or fraudulent, exaggeration, bias and misinterpretation - can all cause contamination of evidence
“Jailhouse Snitches”
individuals within the prison to testify against the accused individual
Jailhouse Informant Testimony
- given incentives to testify against the accused - there’s a little for these people to lose and lot to gain (ex. shorter sentence)
- for the public, a testimony form a police officer and jailhouse snitch holds the same weight
Professional Misconduct - What are the three institutional factors that contribute to wrongful convictions
- the high-profile nature of the case
- the marginalized status of the accused
- the unreliable nature of the evidence
Imagined Crime
- where a crime is believed to have been committed, but there was no crime, or the details were fabricated/misinterpreted
- when wrongfully convicted individuals plead guilty, often it is of imagined crimes (is the case, when there is thought to be insurmountable evidence)
-ex. William Mullins Johnson- babysitting case
4 impacts of Wrongful Convictions
- collateral effects on family members
- psychological ramifications with imprisonment
- pains of imprisonment
- some barriers to reintegration, despite innocence
How to Correct a Wrongful Conviction
- first court available is the Provincial Court of Appeal
- even if innocent, the court of appeal cannot declare innocence
-If the Court of Appeal upholds the conviction, the convicted person can appeal to SCC or submit a s. 696.1 application (Ministry Review)
On what 3 basis can an appeal of a conviction be made?
- the verdict was unreasonable
- there was an error in law
- there was a miscarriage of justice
Criteria for the application to review miscarriages of justice
- available to all convicted individuals, but it is an extraordinary measure
- must have exercised all rights of appeal
- must be new matters of significance, not previously considered
If satisfied that a miscarriage of justice has occurred, the Minister can:
- decline to make a remedy
- order a new trial or hearing
- order a new appeal proceeding
- refer any questions to the court of appeal for its opinion
Criticisms of the conviction review process
- conducted in secrecy
- rules of procedure are lacking
- places burden on convicted individual to identify new and significant information
- cannot reverse the wrongful conviction, only refer it back to appeal court or order a new trial
- long and costly process
What are the guidelines for compensation for the wrongfully convicted?
- the wrongful conviction must have resulted in imprisonment, all or part which has been served
- compensation should only be available to the actual person who has been wrongfully convicted and imprisoned as a result of a CC or federal penal offence
- there must be a free pardon granted or a verdict of acquittal entered by an Appellate Court due to referral by the Minister of Justice
What Considerations need to be followed to determine amount of compensation?
- non-pecuniary losses (e.g., loss of liberty, loss of reputation, loss of relationships) - cannot exceed $100 000
- pecuniary losses (e.g., loss of livelihood, loss of future earnings, loss of property) - generally won’t see over $10 million
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