Wrongful Convictions and the Criminalization of Innocence

International Perspectives on Contributing Factors, Models of Exoneration and Case Studies
1. Auflage 2025
ISBN: 978-0-367-43977-4
Verlag: Taylor & Francis Ltd

Buch, Englisch, 448 Seiten, Format (B × H): 152 mm x 229 mm

Reihe: Directions and Developments in Criminal Justice and Law

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.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Horovitz, Anat

Campbell, Kathryn M.

Ariel, Barak

Colter, Irwin

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie

Inhaltsverzeichnis

Foreword

Justice Morris Fish (Canada)

Introduction

Professor Barak Ariel (Israel)

Part 1: Judicial Perspectives on Wrongful Convictions

Chapter 1. The Pathology of Wrongful Convictions: Perspectives From the Bench

Justice Ian Binnie (Canada)

Chapter 2. Israeli Criminal Law and Confessions: The “Queen of Evidence” Meets the Talmud

Justice Neal Hendel (Israel)

Part 2:  Factors Contributing to Wrongful Convictions, Detection and Correction

Chapter 3.  Police Investigations and False confession

Prof. Boaz Sangero (Israel)

Chapter 4. Police Deception: How Lies and Undercover Operations Contribute to False Confessions

Prof. Kitai-Sangero (Israel)

Chapter 5.  Jailhouse Informants in Canadian Courtrooms: Problems and Solutions

Erica Guillione and Prof. 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

Professor Lea Jaeger and Israel Nachson (Israel)

Chapter 8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful Convictions

Prof. Kent Roach (Canada)  

Chapter 9. Forensic Pathology in Canada

John Butt (Canada)

Chapter 10. Three wrongs don’t make a right: On the near impossibility of post-conviction forensic testing in Israel

Prof. Rottem Rosenberg-Rubins (Israel)  

Part 3: Post Conviction Models of Exoneration

Chapter 11. Institutional Models for Exoneration – The Criminal Cases Review Commission

Prof. 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

Prof. Siv Hallgren (Norway)

Chapter 14. The New Zealand Experience: Te Kahui Tatari 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

Professor Clive Walker and Professor Kathryn Campbell (Canada)

Chapter 17. Retrial in Israel: A Need for a Restart

Prof. 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

Professor Irwin Cotler (USA)

Chapter 20. The Wilbert Coffin Story: A Miscarriage of Justice?

Michael Rooney, Hanna Irwin and Professor Kathryn M. Campbell (Canada)

References

Über Autor(innen)

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: an Associate Professor at the Institute of Criminology, Faculty of Law at The Hebrew University of Jerusalem, and a 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.