NCJ Number
210648
Journal
Journal of Contemporary Criminal Justice Volume: 21 Issue: 3 Dated: August 2005 Pages: 224-249
Date Published
August 2005
Length
26 pages
Annotation
Through an analysis of the literature and personal interviews, this article reviews the causes, effects, and responses to wrongful convictions in Canada.
Abstract
Despite the growing international interest in the problem of wrongful convictions and miscarriages of justice, little empirical research has focused on this topic in Canada, even as high profile wrongful conviction cases have been splashed across Canadian media. Given the seriousness of the topic, the problem of wrongful conviction needs further exploration. The goal of the current article is to stimulate interest and knowledge on the subject by examining the causes and effects of wrongful conviction and by reviewing the Canadian response to wrongful convictions. Case material is analyzed to explore the factors that contribute to wrongful convictions, which include eyewitness error, professional misconduct, and false confessions. Qualitative interviews with five wrongfully convicted Canadians provide the data needed to analyze the long-term effects of wrongful conviction and imprisonment, both on the individuals wrongfully imprisoned and on their families. Overall, individuals and their families describe feelings of loss and anger and of a continued sense of imprisonment following release. Finally, the authors examine the Canadian responses to those wrongfully convicted, with a focus on post-conviction exoneration as it is established in the Criminal Code. The difficulties and limitations in the current system are highlighted as the authors call for a more expedient and accessible response on the problem of wrongful conviction from the Canadian criminal justice system. Table, notes, references