Wrongful Convictions

Question 1

Define Wrongful Conviction

Answer 1

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

Question 2

What are the two types of convictions?

Answer 2

1. factual innocence
2. legal innocence

Question 3

Factual Innocence

Answer 3

the person convicted is factually innocent
- factually did not do the crime they are accused of
- ex. they had an alibi

Question 4

Legal Innocence

Answer 4

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

Question 5

Is there one specific cause or event of wrongful convictions?

Answer 5

wrongful convictions is very seldom the cause of one specific cause or event, often different causes overlapping and leading to a wrongful conviction

Question 6

What is the leading cause of wrongful convictions?

Answer 6

Eyewitness identification error

Question 7

What are the 9 Causes of Wrongful Convictions

Answer 7

1. Eyewitness Identification Error
2. False Confessions
3. Mr. Big Stings
4. False guilty pleas
5. Tunnel Vision
6. Systemic Discrimination
7. Evolution of and Errors in Forensic Science
8. Jailhouse Informant Testimony
9. Professional Misconduct

Question 8

Cross-race effect

Answer 8

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

Question 9

Who has the onus to educate the jury about the fallibility of eyewitnesses?

Answer 9

the judge - defence lawyers cannot call experts to discuss the fallibility of eyewitnesses

Question 10

Suggestive Policing

Answer 10

when police communicates information to an eyewitness which causes them to change their account of events

Question 11

Unconsciousness Transferase

Answer 11

transferring information to the crime from other situations

Question 12

Malleability of confidence

Answer 12

confidence of our memory can be shaped by other people

Question 13

False Confessions

Answer 13

once someone has confessed, people have a hard time understanding that someone could admit to something that they did not do

Question 14

Confessions Rule

Answer 14

as an attempt to safeguard the statement has to be completely voluntary and crown has to prove that was 100% voluntary

Question 15

Case of Romeo Phillian - ex. False Confession

Answer 15

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

Question 16

Mr. Big Stings

Answer 16

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

Question 17

False Guilty Pleas

Answer 17

if people believe that they have an insurmountable case against them, they do this to get a shorter sentence

Question 18

Tunnel Vision

Answer 18

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

Question 19

Evolution of and Errors in Forensic Science

Answer 19

• 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

Question 20

“Jailhouse Snitches”

Answer 20

individuals within the prison to testify against the accused individual

Question 21

Jailhouse Informant Testimony

Answer 21

• 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

Question 22

Professional Misconduct - What are the three institutional factors that contribute to wrongful convictions

Answer 22

1. the high-profile nature of the case
2. the marginalized status of the accused
3. the unreliable nature of the evidence

Question 23

Imagined Crime

Answer 23

• 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

Question 24

4 impacts of Wrongful Convictions

Answer 24

• collateral effects on family members
• psychological ramifications with imprisonment
• pains of imprisonment
• some barriers to reintegration, despite innocence

Question 25

How to Correct a Wrongful Conviction

Answer 25

- 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)

Question 26

On what 3 basis can an appeal of a conviction be made?

Answer 26

- the verdict was unreasonable - there was an error in law - there was a miscarriage of justice

Question 27

Criteria for the application to review miscarriages of justice

Answer 27

- 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

Question 28

If satisfied that a miscarriage of justice has occurred, the Minister can:

Answer 28

- 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

Question 29

Criticisms of the conviction review process

Answer 29

- 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

Question 30

What are the guidelines for compensation for the wrongfully convicted?

Answer 30

- 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

Question 31

What Considerations need to be followed to determine amount of compensation?

Answer 31

- 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 \