Wrongful Convictions and the Criminalization of Innocence

Kathryn M. Campbell is 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 Criminology (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 is a Professor at the Institute of Criminology, Faculty of Law at the Hebrew University of Jerusalem and Professor of Experimental Criminology at the University of Cambridge. He is the current Director of the Police Executive Cambridge at the University of Cambridge. His research interests lie in the areas of policing, victimology and law and society.Anat Horovitz is a faculty member of the Hebrew University Faculty of Law, where she teaches Criminal Procedure and serves as the Academic Director of the Innocence Clinic. Anat stepped down from her ten-year position as Deputy Head of Israel’s Public Defender’s 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 an L.L.B. (Hebrew University), L.L.M. (London School of Economics) and L.L.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 International Chair of the Raoul Wallenberg Centre for Human Rights, 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.

• ForewordMorris J. FishIntroductionBarak Ariel Part 1: Judicial Perspectives on Wrongful Convictions Chapter 1. The Pathology of Wrongful Convictions: Perspectives from the BenchIan BinnieChapter 2. Israeli Criminal Law and Confessions: The “Queen of Evidence” Meets the TalmudNeal Hendel Part 2: Factors Contributing to Wrongful Convictions, Detection and CorrectionChapter 3. Police Investigation and False ConvictionsBoaz Sangero Chapter 4. Police Deception: How Lies and Undercover Operations Contribute to False ConfessionsRinat Kitai-Sangero Chapter 5. Jailhouse Informants in Canadian Courtrooms: Problems and SolutionsErica M. Giulione and Kathryn M. Campbell Chapter 6. Eyewitness Identification – Recommendations by the Public Committee for the Prevention of False Convictions and Their CorrectionDanziger Committee Chapter 7. Does the Bystander Look Criminal or Just Familiar? A Laboratory Experiment on Eyewitness MisidentificationLea Jaeger and Israel Nachson Chapter 8. You Say You Want a Revolution? Understanding Guilty Plea Wrongful ConvictionsKent Roach Chapter 9. Forensic Pathology in CanadaJohn C. Butt Chapter 10. Three Wrongs Don’t Make a Right: On the Near Impossibility of Post-Conviction Forensic Testing in IsraelRottem Rosenberg-Rubins Part 3: Post-Conviction Models of ExonerationChapter 11. Institutional Models for Exoneration – The Criminal Cases Review CommissionHannah Quirk Chapter 12. The North Carolina Innocence Inquiry Commission: An Innovative Approach to Post-Conviction Claims of Factual InnocenceLindsey Guise Smith Chapter 13. The Reopening of Criminal Cases in NorwaySiv Hallgren Chapter 14. The New Zealand Experience: Te Kāhui Tātari Ture – The Criminal Cases Review CommissionColin Carruthers and Parekawhia McLean Chapter 15. Miscarriages of Justice in Australia: Unfinished BusinessMichael KirbyChapter 16. UK Criminal Cases Review Commissions and the Slow Road to Policy Transfer in CanadaClive P. Walker and Kathryn M. Campbell Chapter 17. Retrial in Israel: The Need for a RestartMordechai Kremnitzer and Gal Harnik Blum Part 4: Case StudiesChapter 18. The InterrogationHanan Peled and Avigdor Feldman Chapter 19. The Wilbert Coffin Story: A Miscarriage of Justice?Michael Rooney, Hanna Irwin, and Kathryn M. Campbell Legislation Jurisprudence Secondary Materials: Articles Secondary Materials: Monographs Other MaterialsIndex

‘This collection of articles is an important contribution to the understanding of the reasons giving rise to wrongful convictions and the legal and technological means that can be used to prevent wrongful convictions and also to exonerate innocent people wrongly convicted. It includes contributions by practitioners (including supreme court judges) as well as legal scholars and criminologists from different jurisdictions and different methodologies. This collection will be extensively used by judges, theorists, and policymakers in an effort to promote justice in the criminal system.’Prof. Alon HarelPhillip and Estelle Mizock Chair in Administrative and Criminal LawThe Faculty of Law, The Hebrew University of Jerusalem. ‘Scholars and activists in the "Innocence Movement" have realized in the past decade that countries around the world have much in common when it comes to fighting wrongful convictions. We all have so much to learn, but also so much to learn from each other. This book is an important addition to the global fight against such miscarriages of justice. It covers all the essential topics but from an important international angle, and through diverse voices from around the world. It is a much-needed new perspective on an international problem.’Prof, Mark GodseyDaniel P. and Judith L. Carmichael Professor of LawUniversity of Cincinnati College of LawDirector, Rosenthal Institute for Justice/Ohio Innocence Project‘This comprehensive collection provides not only a multi-disciplinary examination of the causes of wrongful convictions, but also provides an examination of models of exoneration around the world. By introducing unique systems that could serve as models for exoneration and focusing on countries that have such models (UK, Norway, New Zealand, North Carolina), those that are undergoing major reforms (Canada) and those that are in need of reform (Australia, Israel), this book encourages readers to consider what kind of reform is necessary in their own country. Essentially, this collection is a must-read for researchers and practitioners who study and deal with the issue of wrongful convictions as it encourages practical solutions.’Professor Kana SasakuraFaculty of Law, Konan UniversityKobe, JapanInnocence Project Japan‘Wrongful Convictions and the Criminalization of Innocence: International Perspectives on Contributing Factors, Models of Exoneration and Case Studies offers though-provoking chapters derived from conferences on miscarriages of justice held in Canada and Israel. The essays display the advances gained and the challenges that remain as different countries confront the problem of wrongful convictions. This volume is a foundation for a new generation of innocence scholarship.’Professor Marvin Zalman, J.D., Ph.D.Professor (retd.), Criminology/Criminal Justice Department, Wayne State University, Detroit