The Impact Of Minority Status On Wrongful Convictions: A Case Study Analysis Of Donald Marshall JR. And Leighton Hay

This major research paper outlines the relationship between minorities in Canada and their experience with wrongful convictions, highlighting the cases of Mi'Kmaq male Donald Marshall Junior and Black male Leighton Hay. It highlights systemic racism embedded in the criminal justice system, the communities where both men resided in. It highlights the differences in experiences by both Indigenous and Black people and similarities in their negative experience with the justice system through their wrongful conviction, due to their status as minorities.

The Impact Of Minority Status On Wrongful Convictions: A Case Study Analysis Of Donald Marshall JR. And Leighton Hay

This major research paper outlines the relationship between minorities in Canada and their experience with wrongful convictions, highlighting the cases of Mi'Kmaq male Donald Marshall Junior and Black male Leighton Hay. It highlights systemic racism embedded in the criminal justice system, the communities where both men resided in. It highlights the differences in experiences by both Indigenous and Black people and similarities in their negative experience with the justice system through their wrongful conviction, due to their status as minorities.

Wrongful Convictions and Erroneous Acquittals: Applying Packer’s Model to Examine Public Perceptions of Judicial Errors in Australia

The fallible nature of the criminal justice system continues to see judicial errors—that is, wrongful convictions and erroneous acquittals—undermine its integrity, efficacy, and legitimacy. Public perceptions of judicial errors are important contributors to criminal justice policy and reforms. The current study utilizes the 2016 Australian Survey of Social Attitudes (AuSSA) dataset to examine public attitudes toward judicial errors. It applies Herbert Packer’s crime control and due process models to understand how concerns around procedural safeguards and public safety are associated with public perceptions toward judicial errors. Packer’s model has been challenged by studies, which theorize that the models are not mutually exclusive. Yet, they have not been empirically tested in this context, which is a gap this study seeks to fill. Findings show that due process and crime control concerns shape public attitudes toward wrongful convictions and challenge the notion that Packer’s models be applied on a continuum.

The Truth Project

The United States Constitution grants Americans the “right to a speedy and public trial,” with an assumption that the trial is impartial and fair. Recent data suggest a nontrivial number of cases fail to meet this standard. During interrogations, suspects can be presented with false evidence, long interrogations can undermine a suspect’s cognitive ability, and minimization tactics often mislead suspects into believing justice is on their side. These dynamics facilitate false confessions and wrongful convictions, which are common in the United States and globally. We argue the current approaches to understand and predict innocence in legal cases are insufficient and interdisciplinary research is required to prevent innocent people from going to jail. In this review, we cover research on wrongful convictions and false confessions, ending with The Truth Project ( www.truth-project.io ), a new global framework to connect scholars and facilitate research into behavioral patterns of innocence.

A Critical Analysis of Post-Conviction Review in New South Wales, Australia

Wrongful convictions leave an indelible mark on society. They are a tangible demonstration that the criminal legal system has failed, and a poignant reminder that all human institutions are fallible. Robust post-conviction review mechanisms are essential to provide an opportunity for justice to be eventually achieved for those who are wrongfully convicted. Through a critical examination of the post-conviction review mechanisms in NSW, which includes determining the existence of independence, transparency and accountability in the system, some deficiencies will be identified and analysed. Drawing on insights from the author’s role as a lawyer for Kathleen Folbigg (a woman convicted in 2003 of the murder of three of her infant children, and the manslaughter of her first child), this article will outline some of the key problems with the current system of post-conviction review in NSW. It then critically compares the existing system with the United Kingdom Criminal Cases Review Commission (“UK CCRC”). The UK CCRC has been chosen because it is a pioneering model which is designed to identify and remedy wrongful convictions in an independent, transparent, and accountable way. The article concludes that a version similar to the UK CCRC should be implemented in NSW to achieve justice for those wrongfully convicted.

“Take It One Day at a Time and Try to Adjust to What's Going on”: Exonerees’ Advice to the Newly Exonerated and Future Exonerees About Life Post-Release

Wrongful convictions have received increased attention from both scholars and the media over the past several decades. Most of the research on this topic has focused on the factors that contribute to wrongful convictions and policy changes that may help prevent future miscarriages of justice. Scholars have also explored the post-release experiences of those who have been exonerated. Less attention has been paid to the advice exonerees would share with those who have been recently exonerated to help them navigate their new lives. Semi-structured interviews were conducted with individuals who were wrongfully convicted in the southern United States to explore this issue. While acknowledging that the post-exoneration transition could be challenging, the participants noted that they would advise those who are newly exonerated that faith, talking to other exonerees, learning how to be patient with the process, and finding a way to enjoy their new lives were important to navigating this process. This study highlights the value of exploring the perspectives of exonerees to increase our understanding of their experiences, while also using their insight to inform policy that will assist the wrongfully convicted after being exonerated and released from prison.

Consequences of Choice : Exploring Successful and Unsuccessful Decision-Making Attributes in UK Homicide Investigations

<p>Flawed decision-making is widely identified as having led to miscarriages of justice and failed homicide investigations. This research explores decision-making by Senior Investigating Officers in UK homicide investigations, including where initial investigations were unsuccessful, or resulted in wrongful convictions. It offers a new ‘investigative continuum’ perspective as a means to explore decisions and for linking the impact of decisions to successful or unsuccessful outcomes. Using this model, it correlates ‘explorative’, ‘creative’ and ‘impactive’ decisions with positive investigative outcomes. It corroborates ‘tipping points’ in decision-making processes, identifies a new feature, ‘Transition Points’, and observes how these can affect investigative outcomes.</p><p> </p><p> </p>

Consequences of Choice : Exploring Successful and Unsuccessful Decision-Making Attributes in UK Homicide Investigations

<p>Flawed decision-making is widely identified as having led to miscarriages of justice and failed homicide investigations. This research explores decision-making by Senior Investigating Officers in UK homicide investigations, including where initial investigations were unsuccessful, or resulted in wrongful convictions. It offers a new ‘investigative continuum’ perspective as a means to explore decisions and for linking the impact of decisions to successful or unsuccessful outcomes. Using this model, it correlates ‘explorative’, ‘creative’ and ‘impactive’ decisions with positive investigative outcomes. It corroborates ‘tipping points’ in decision-making processes, identifies a new feature, ‘Transition Points’, and observes how these can affect investigative outcomes.</p><p> </p><p> </p>

The Truth Project

The United States Constitution grants Americans the “right to a speedy and public trial,” with an assumption that the trial is impartial and fair. Recent data suggest a nontrivial number of cases fail to meet this standard. During interrogations, suspects can be presented with false evidence, long interrogations can undermine a suspect’s cognitive ability, and minimization tactics often mislead suspects into believing justice is on their side. These dynamics facilitate false confessions and wrongful convictions, which are common in the United States and globally. We argue that the current approaches to understand and predict innocence in legal cases are insufficient and interdisciplinary research is required to prevent innocent people from going to jail. In this review, we cover research on wrongful convictions and false confessions, ending with The Truth Project (www.truth-project.io), a new global framework to connect scholars and facilitate research into behavioral patterns of innocence.