International Perspectives on Miscarriages of Justice
Publication: Dec 09
Publication: Jul 08
Publication: Jul 08
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A cross-national study that shows how various criminal justice systems are susceptible to wrongful convictionsRead the Introduction (pdf).
Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel.
Using this cross-national perspective, the volume offers detailed discussions of specific legal systems while also considering issues that transcend national boundaries. Differences in court procedures are explained as contributors ask what role the respective criminal justice systems play in preventing or generating wrongful convictions. Most importantly, this collection includes a number of well-developed public-policy recommendations intended to reduce the instances of courts punishing innocents. It also offers suggestions for compensating more fairly those who are wrongfully convicted.
"An important step in showing that even the best criminal justice systems occasionally convict the innocent. Huff and Killias, two of the world’s most accomplished criminologists, have given us a collection of essays that are both first-rate and truly sobering"
—Michael L. Radelet, University of Colorado, and author of In Spite of Innocence
"A real contribution to the existing literature."
—Lawrence Marshall, Stanford University Law School and co-founder of the Northwestern Center on Wrongful Convictions
"A fascinating and important study."
—Paul Martin, University of Oxford
"(W)rongful convictions are not solely an American issue, and the editors of this timely volume provide a cogent, as well as compelling, collection of articles that establishes international dimensions of this stain on the credibility of criminal justice practices."
—Corrections Managers' Report
"Wrongful Conviction provides interesting statistics and analysis of various criminal systems throughout North America, Europe and Israel.... it will give you an interesting perspective...and perhaps give you solace in the fact that the United States is not the only country with an imperfect and often fallible criminal system."
—New York Law Journal
"Dedicated to the victims of wrongful convictions worldwide, the book is a must read for all persons involved in prosecutions, as well as judges, legal practitioners, medical and forensic examiners, and those interested in the protection of human rights."
"(A) major study....A key question raised by this book is the extent to which different legal systems are more or less effective in preventing (and where necessary, correcting) convictions of the factually innocent. This is a surpassingly difficult project, and the editors and authors of Wrongful Conviction are to be commended for taking it on....This volume makes an important contribution to the growing field of comparative criminal justice, and it can only be hoped that these and other authors will follow this research with further efforts to integrate knowledge of the phenomenon of wrongful convictions around the world."
—The Law and Politics Book Review
"Huff and Killias provide a thorough comparison of the adversarial and inquisitorial models of criminal justice administration. Ultimately, they conclude both are subject to the forces that lead to wrongful convictions."
—International Criminal Justice Review
"This book is an important contribution to the debate around wrongful convictions and miscarriages of justice…. Its international perspective places it uniquely in the field and all the chapters are well written and sufficiently detailed to provide a basis for comparing and contrasting these different systems."
—International Sociology Review of Books
Table of Contents
Part I: Cross-National Perspectives and Issues Part II: North American Perspectives and Issues Part III: European and Israeli Perspectives and Issues Part IV: Conclusions
2. Wrongful Conviction and Moral Panic: National and International Prespectives on Organized Child Sexual Abuse • Randall Grometstein
3. Judicial Error and Forensic Science: Pondering the Contribution of DNA Evidence • Beatrice Schiffer and Christophe Champod
5. The Adversary System and Wrongful Conviction • Marvin Zalman
6. Fatal Errors: Compelling Claims of Executions of the Innocent in the Post-Furman Era • William S. Lofquist and Talia R. Harmon
7. The Fallibility of Justice in Canada: A Critical Examination of Conviction Review • Kathryn M. Campbell
9. The Vulnerability of Dutch Criminal Procedure to Wrongful Conviction • Chrisje Brants
10. Criminal Justice and Miscarriages of Justice in England and Wales • Clive Walker and Carole McCartne
11. A Comparative Analysis of Prosecution in Germany and the United Kingdom: Searching for Truth or Getting a Conviction? • Isabel Kessler
12. Wrongful Conviction in France: The Limits of "Pourvoi en Revision" • Nathalie Dongois
13. The Sanctity of Criminal Law: Thoughts and Reflections on Wrongful Conviction in Israel • Arye Rattner
14. Wrongful Convictions in Poland: From the Communist Ero to the Rechtstaat Experience • Emil Plywaczewski, Adam Gorski, and Andrzej Sakowicz
Part I: Cross-National Perspectives and Issues
Part II: North American Perspectives and Issues
Part III: European and Israeli Perspectives and Issues
Part IV: Conclusions