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Topic: List of proven miscarriages of justice

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	Miscarriage of justice - Wikipedia, the free encyclopedia
		A miscarriage of justice is primarily the conviction and punishment of a person for a crime that they did not commit.
		The risk of miscarriages of justice is one of the main arguments against the death penalty.
		Abdelbaset Ali Mohmed Al Megrahi By December 2005, the SCCRC is expected to rule on whether there has been a miscarriage of justice in Megrahi's case (his appeal [3] against conviction for the 1988 Lockerbie bombing was rejected in March 2002) and whether to allow a fresh appeal to the High Court of Justiciary.
	en.wikipedia.org /wiki/List_of_proven_miscarriages_of_justice (2304 words)

	Miscarriage of justice -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-08)
		A miscarriage of justice is primarily the ((criminal law) a final judgment of guilty in a criminal case and the punishment that is imposed) conviction and (The act of punishing) punishment of a person for a ((criminal law) an act punishable by law; usually considered an evil act) crime that they did not commit.
		Often, whether a case is in fact a miscarriage of justice remains (additional info and facts about controversial) controversial for a long time.
		The risk of miscarriages of justice is one of the main arguments against the (Putting a condemned person to death) death penalty.
	www.absoluteastronomy.com /encyclopedia/m/mi/miscarriage_of_justice.htm (2021 words)

	Report of the Working Group on the Prevention of Miscarriages of Justice - Evaluation Division (Site not responding. Last check: 2007-10-08)
		Justice Kaufman noted that there was widespread support for the creation of a DNA data bank amongst the parties at the Inquiry.
		The study was conducted by the Institute for Law and Justice; it identified 28 cases in which DNA testing led to the exoneration of persons previously convicted of murder or rape.
		Expanding the list of sexual offences under the retroactive scheme (for persons convicted prior to June 30, 2000) by adding historical sexual offences like indecent assault, and the offence of break and enter and committing a sexual offence.
	canada.justice.gc.ca /en/dept/pub/hop/p8.html (2953 words)

	DPIC "Innocence" List
		The result is a padded list of allegedly innocent Death Row defendants that overstates the frequency of wrongful convictions in capital cases.
		To the extent that the DPIC List includes defendants convicted and condemned under old statutes that did not meet the Court's 1976 standards, those defendants are irrelevant in terms of assessing contemporary capital punishment statutes and should be excluded from the List.
		The DPIC List fails to take into account many of the factors mentioned above that may lead to an acquittal or a prosecutorial decision not to retry a case even though a defendant is not actually innocent.
	www.prodeathpenalty.com /DPIC.htm (15969 words)

	Capital Defense Weekly
		Thus, Chief Justice Rehnquist, writing for the Court in Herrera, discounted as potentially unreliable a study that had concluded that 23 innocent persons were executed in the United States between 1900 and 1987.
		As with the concurring justices, however, the Chief Justice found that Herrera's own "showing of innocence falls far short of that which would have to be made in order to trigger the sort of constitutional claim which we have assumed, arguendo, to exist." Id. at 418-19.
		Justice of this kind is obviously no less shocking than the crime itself, and the new 'official' murder, far from offering redress for the offense committed against society, adds instead a second defilement to the first.
	www.capitaldefenseweekly.com /archives/020429.htm (7664 words)

	Witness for Justice: The real Bethlehem (Site not responding. Last check: 2007-10-08)
		While the reasons for this alarming trend of this life-threatening disease in children of color have not yet been proven, doctors believe that obesity in children is often the trigger.
		Witness for Justice traces its roots to the Civil Rights Journal, a column published for more than 20 years by the former UCC Commission for Racial Justice.
		To be added to the weekly e-mail list or to suggest story ideas, contact Michelle Norton at nortonm@ucc.org.
	www.ucc.org /justice/witness/wfj122302.htm (874 words)

	Leigh B. Bienen, The Quality Of Justice In Capital Cases: Illinois As A Case Study, 61 Law & Contemp. Probs. 193 ... (Site not responding. Last check: 2007-10-08)
		Justice Clark stated that he thought that when the court did not strike down the statute as unconstitutional in Cousins, the court "permitted prosecutors, the General Assembly, the judiciary, and criminal defendants, as well as the citizens of Illinois, to rely on our pronouncement that the act was constitutional.
		A majority of four of the present Justices have said and continue to adhere to the view that they believe the statute is unconstitutional because it allows prosecutors too much discretion in choosing whether to seek the death penalty and that this may result in arbitrary application of the statute.
		Justice Simon considered it reversible error to allow the defendant to defend himself at the capital penalty phase when he presented no mitigating evidence; the defendant's right to represent himself was outweighed by society's interest in "ensuring that the death penalty is only imposed rationally and consistent with our values and traditions." Id.
	www.law.duke.edu /journals/lcp/articles/lcp61dAutumn1998p193.htm (12575 words)

	Eye - BOOKS: Carl Karp and Cecil Rosner -- When Justice Falls - 01.09.92 (Site not responding. Last check: 2007-10-08)
		In one of the greatest miscarriages of justice in Canadian legal history, Milgaard was sentenced to life in prison, where he has spent the last 21 years.
		When Justice Fails: The David Milgaard Story, by CBC-TV documentary producers Carl Karp and Cecil Rosner, is a searing indictment of the many defects in the Canadian criminal justice system.
		Although it was not proven to be Milgaard's, it was used as evidence.
	www.eye.net /eye/issue/issue_01.09.92/arts/bo0109b.htm (792 words)

	Death Penalty Paper
		See B. For a criminal justice system to have credibility and deterrent value, two factors are required: (1) a high rate of arrest and (2) punishment which reflects the severity of the crime, the criminal’s record and the demand for justice.
		The individual deterrent effect is proven by many, perhaps thousands, of individual, fully documented cases where criminals have admitted that the death penalty was the specific threat which deterred them and/or others from committing murder.
		JUSTICE FOR ALL is a criminal justice reform organization dedicated to protecting the civil and human rights of all citizens from violent crime.
	www.prodeathpenalty.com /DP.html (14704 words)

	Welcome to Death Penalty Information @ DPINFO.com
		He is right as a matter of justice: Juries ought to have the option of meting out the very worst punishment to the very worst offenders.
		Five justices have declared that the Eighth Amendment's ban on "cruel and unusual punishment" forbids the execution of murderers who were juveniles when they killed.
		6 of the DPIC listed cases were not on death row when released and were prosecuted prior to 1973, in the pre Furman v Georgia (1972) era and, therefore, have no place in a modern era discussion of "innocents" released from death row (18).
	www.dpinfo.com (15303 words)

	Capital Defense Weekly
		In the third hot listed case of the week the Colorao Supreme Court clarifies how far a prosecutor may go before risking disciplinary action in In the Matter of Pautler.
		I know of exactly one reported miscarriage of justice based on a guilty plea for a non-homicidal crime-and that was a peculiar case, a defendant who pled guilty to a crime he did not commit along with one which he did commit.
		Nonetheless, Stein felt compelled to dismiss because he was persuaded that Del Monico was innocent by the lack of corroboration of the identifications, and by the mass of inadmissible polygraph and truth serum evidence: "We were afraid of a miscarriage of justice." [FN96] This was a gutsy move.
	www.capitaldefenseweekly.com /archives/020520.htm (14651 words)

	[No title]
		EARLIER THIS YEAR [1994], the issue of what have become known as miscarriages of justice raised its ugly head again with the massive media coverage given to the acquittal of Paul Hill in Belfast's appeal court for the killing of British soldier Brian Shaw.
		Following on from the well-publicised cases of the Birmingham Six, the Guildford Four, the Maguires, Judith Ward, the UDR Four, and Nicky Kelly, a lot of people must have wondered as they watched Paul Hill walk free from the court, were there not many more similar cases among the nationalist community in the Six Counties.
		The following list of cases alleging that a miscarriage of justice has occurred was given to the Sinn Fein Prisoner of War Department by the republican prisoners in the H-Blocks at Long Kesh.
	larkspirit.com /history/diplock.html (1689 words)

	proven - OneLook Dictionary Search
		PROVEN : LANL Clean Coal Technology Compendium [home, info]
		Phrases that include proven: not proven, proven al, proven claims, clinically proven, list of proven miscarriages of justice, more...
		Words similar to proven: prove, proved, deere, demonstrated, documented, more...
	www.onelook.com /?w=proven&ls=a (174 words)

	Innocence and the Death Penalty: Assessing The Danger of Mistaken Executions
		Georgia that the death penalty as then applied was arbitrary and capricious and therefore unconstitutional, a mjority of the Justices expected that the adoption of narrowly crafted sentencing procedures would protect against innocent persons being sentenced to death.
		In the criminal justice system, defendants are presumed to be innocent until proven guilty beyond a reasonable doubt.
		In the absence of adequate legal mechanisms, the most serious errors in the criminal justice system are sometimes uncovered as a result of such extra-judicial factors as the media and the development of new scientific techniques.
	www.deathpenaltyinfo.org /article.php?scid=45&did=535 (6947 words)

	NYCLU: Statement of the New York Civil Liberties Union in opposition to reinstatement of the death penalty (Site not responding. Last check: 2007-10-08)
		There is now overwhelming evidence that the state, in arrogating to itself the role of executioner, is pursuing death-penalty prosecutions in a manner that compromises fairness and justice -- violating both constitutional principles and the sanctity of human life.
		The same kind of errors that have arisen in cases in which DNA evidence has eventually proven the innocence of a death row inmate -- such as faulty eyewitness testimony, unreliable jailhouse informer testimony, coerced confessions, and withheld evidence -- can just as easily arise in cases in which DNA evidence is not available.
		The Center for Law and Justice, based in Albany, found that in New York State defendants convicted of murdering white victims are more than twice as likely to face the death penalty as those convicted of murdering fl victims.
	www.nyclu.org /dp_statement_040705.html (4627 words)

	NCRJ -- Who We Are
		Connecticut's landmark Peter Reilly wrong-man case in 1973-77 shifted his focus from international affairs to miscarriages of justice.
		Leo is widely recognized as a leading national and international authority on the subjects of police interrogation practices, Miranda requirements, coercive persuasion, false confessions, and miscarriages of justice.
		Loftus was listed as one of the Review of General Psychology's 100 most eminent psychologists of the 20th century.
	www.ncrj.org /who.html (1922 words)

	[No title]
		Richard A. Leo and Richard J. Ofshe, The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, 88 J. Crim.
		Proven False Confessions: Confessions where "the confessor's innocence was established by at least one dispositive piece of independent evidence." For example, a defendant's confession was classified as proven false if the murder victim turned up alive, the true perpetrator was caught and proven guilty, or scientific evidence exonerated the defendant.
		In a scathing concurrence, Justice Maag condemned the actions of the trial court and counsel in allowing Rodney's post-conviction petition to languish for years without a hearing.
	www.law.northwestern.edu /depts/clinic/Articles/Illinoislistfin41.htm (8565 words)

	BuzzFlash > Maureen Farrell > "God Is With Us": Hitler's Rhetoric and the Lure of "Moral ...
		While abortion was illegal in pre-Hitler Germany, he took it to new depths of enforcement, requiring all doctors to report to the government the circumstances of all miscarriages.
		So, yes, despite tales of Hitler's atheism and Germany's Godlessness, the list of Hitler's religious assertions and Nazi Christian affiliations is long, and before Americans swallow more WMD-type baloney, it's best to comprehend this history and understand that no nation, including our own, is immune to faith-based fascism.
		Though oft-repeated assertions made by the media in the immediate aftermath of the election have proven to be nothing more than myth, propagandists would have you believe that the American people have spoken: "Moral values" reign supreme.
	www.buzzflash.com /farrell/04/12/far04041.html (3299 words)

	Death Penalty Links
		A complete listing of all current death row prisoners in the United States, by name, race, sex, and juveniles; Summaries of racial and gender characteristics of those executed, on death row, and their victims; Summaries of recent U.S. Supreme Court cases.
		List of executed prisoners since 1977 by name, date, state, method, and names of victims; Number of executions since 1977 by year and state; Texas executions by county; Upcoming executions scheduled.
		List of executed prisoners 1997-2000 by name, date, race, state and method, with brief news summary on each case.
	www.clarkprosecutor.org /html/links/dplinks.2001 (10431 words)

	Innocence: List of Those Freed From Death Row
		In order to be included on the list, defendants must have been convicted and sentenced to death, and subsequently either:
		The list includes cases in which the release occurred in 1973 or later.
		The earlier cases in the list are based heavily on the research of Hugo Adam Bedau and Michael L. Radelet.
	www.deathpenaltyinfo.org /article.php?scid=6&did=110 (283 words)

	Capital Punishment : Death penalty - News updates and research resources on capital punishment human rights abuses (Site not responding. Last check: 2007-10-08)
		The MacArthur Justice Center is a nonprofit public interest law firm at the University of Chicago Law School dedicated to fighting for human rights and social justice through litigation, with a particular emphasis on criminal cases that raise constitutional or other significant issues.
		The mission of The Justice Project's Campaign Against Wrongful Executions is to rally like minded Americans — all who will not tolerate even the thought, much less the reality, of one more innocent person forced to spend his or her life waiting to die.
		We believe that at the very least our justice system must guarantee that everyone has access to competent counsel, that everyone is given the opportunity to have the court hear all the facts, and that no one is denied access to evidence that might save their life.
	www.apologeticsindex.org /d07.html (3275 words)

	American Prospect Online - ViewPrint
		While videotaping these confessions has proven useful to demonstrate what the suspect actually said, critics complained that the program failed to capture the questioning process itself, in which undue pressure may be put on suspects to agree with the police version of events.
		The North Carolina Academy of Trial Lawyers has released its own list of reforms that should be considered during such a moratorium, including a number of the same substantive reforms suggested in Illinois.
		Greater scrutiny of death-penalty cases involving wrongful convictions is slowly leading observers to ask whether there are other miscarriages of justice we have yet to uncover in the rest of the criminal-justice system, where cases are given a far less rigorous review.
	www.prospect.org /web/page.ww?section=root&name=ViewPrint&articleId=7862 (2465 words)

	[PRISONACT] New international prisoner group launched
		I.P.S focus on: working class prisoners such as strikers, miscarriages of justice, political prisoners of war and more; Prisoners fighting against the prison system from the inside; Working class people jailed as a result of having to break the law in order to get by; Working class people resisting injustice in their lives, e.g.
		It is proven without a benefit of the doubt that the F.B.I. coerced witnesses, fabricated evidence, committed perjury, and withheld crucial information proving Mr.
		Mark is now entering his 6th year of a 12 year prison sentence and who's continued imprisonment is seen the world over, as a blatant miscarriage of justice.
	www.prisonactivist.org /pipermail/prisonact-list/2000-January/002608.html (4112 words)

	Canada and the World Backgrounder: High-priced security (Site not responding. Last check: 2007-10-08)
		The bill also allows for the freezing and seizure of the assets of terrorists and their supporters, as well as the establishment of a list of terrorist organizations and individuals.
		Until a massive amount of criticism erupted, the federal government was unwilling to even consider putting a sunset clause on the Act A sunset clause means that an automatic review of the need for keeping a law on the books takes place after a set period of time, usually five years.
		Critics say the whole approach destroys one of the basic tenets of a just society, that of the presumption of innocence, leaving suspects in custody who have not been proven guilty in a court of law, sometimes for years.
	www.findarticles.com /p/articles/mi_qa3695/is_200201/ai_n9049183 (1352 words)

	The Epidemic of Prosecutorial Misconduct (Site not responding. Last check: 2007-10-08)
		For the Justice Department, the law delivers a serious blow to crime syndicates by hitting them where it hurts - the pocketbook and the property that is the fruit of the crimes.
		Every rule of fundamental justice and fairness is thrown away by this "champion of justice" in undercover "sting" operations.
		The question that I raise with the use of this statute, without any centralized controls, is whether the criminal justice process is being undermined by the use of a very easily proven criminal statute which is not connected in any way, shape or form with any organized crime activity or with organized drug activity.
	www.pixi.com /~itmc/ProsecutorialMisconduct.html (11913 words)

	NYCLU: The future of capital punishment in New York State (Site not responding. Last check: 2007-10-08)
		On behalf of the NYCLU, I thank the Assembly Speaker Sheldon Silver and Assembly Members Joseph Lentol, Helene Weinstein, and Jeffrion Aubry for convening this hearing to re-examine issues of law, public policy and morality related to New York’s death penalty statute.
		There is now overwhelming evidence that the state, in arrogating to itself the role of executioner, is pursuing death-penalty prosecutions in a manner that compromises fairness and justice – violating both constitutional principles and the sanctity of human life.
		Justice Ruth Bader Ginsberg has remarked: “I have yet to see a death case among the dozens coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well-represented at trial.
	www.nyclu.org /dp_testimony_012105.html (3747 words)

	Jill Stanek - The Courts archives
		But Alito knows that Supreme Court justices are called upon to reverse precedents from time to time, and everything about his background and philosophy indicates that he will do so.
		The President's position is that the fetuses were human beings, or (at) least cannot be proven not to have been, and accordingly a memorial service would seem an entirely appropriate means of calling attention to the abortion tragedy.
		So each justice or prospective justice has to make their own determination about that, but the pattern with Justice Ginsburg and Justice Breyer and Justice Rehnquist, all of them, has been remarkably similar, that there's a line which they can't properly cross just to bargain with the Senate, as it were, to get a job.
	www.jillstanek.com /archives/the_courts/index.html (12459 words)

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