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| | Encyclopedia: Wrongful conviction |
 | | A miscarriage of justice is primarily the conviction and punishment of a person for a crime that they did not commit. | | | Wrongful conviction or miscarriage of justice can also refer to a conviction reached in an unfair or disputed trial. | | | Most criminal justice systems have some means to overturn, or " quash ", a wrongful conviction, but this is often difficult to achieve. |
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http://www.nationmaster.com/encyclopedia/wrongful-conviction
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| | Wrongful |
| | Jacobs's conviction on a writ of habeas corpus in 1992. | | | Wallace's conviction was ultimately overturned on habeas corpus in federal court, when the United States Court of Appeals determined that Mr. | | | Munson's conviction was upheld by the Oklahoma courts and the United States Supreme Court denied review. |
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http://www.patrickcrusade.org/wrongful.htm
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| | Boston.com / News / Local / Mass. / House passes wrongful conviction bill |
| | State law allows victims to file civil rights suits, but only if the conviction was the result of misconduct by law enforcement officials. | | | Jehlen said she did not expect the courts to be overburdened with cases from former prisoners. | | | Approved yesterday in the House, a bill filed by Representative Patricia D. Jehlen of Somerville would enable wrongly convicted people to sue the state for damages of up to $500,000 for physical injury caused by loss of their freedom, and in certain cases, for additional injuries or physical sickness suffered in prison. |
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http://www.boston.com/news/local/massachusetts/articles/2003/10/23/house_passes_wrongful_conviction_bill
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| | [No title] |
| | If police and prosecutors cannot identify and convict the guilty party in capital crime cases, where evidence and procedures are more closely examined, what must be the rate of wrongful conviction for less-serious crimes, especially those for which conviction is obtained by plea bargain? | | | The divide between liberals and conservatives on the death penalty could be bridged by changing the emphasis in the issue to wrongful conviction. | | | Most of the scrutiny given to death penalty cases is a search for legal error. |
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http://www.constitution.org/lrev/roberts_wrongful.txt
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| | JD Historical Perspective |
| | The Court reasoned that the due process clause requires only that an accused person receive a "fair trial." Therefore, if an innocent person is convicted after a "fair trial," his innocence is a mere error of fact and not a constitutional issue. | | | To my knowledge, the first publication in the U. that documented cases of wrongful conviction was a 550-page report in the early 1900s by Nashville attorney, K. McConnico. | | | Though diverse, these publications share a common theme -- wrongful convictions are not an infrequent aberration of an otherwise good system, but are symptomatic of a never-ending plague infecting the core of the law enforcement system. |
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http://www.justicedenied.org/jdhistory.html
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| | Procedure for Reversing a Wrongful Conviction |
| | During the appeal process, the convicted party often sits in prison for as much as a year before an appeal brief is prepared and filed and then, possibly another two years waiting for a decision from their Supreme Court. | | | Exposing the lie alone will not reverse a conviction, but it will be the cornerstone of everything necessary to petition the court for a reversal and, in most cases, that petition will be based on newly acquired evidence. | | | On cases where we are retained to assist someone in reversing a wrongful conviction, we schedule an initial trip that usually averages between five (5) to nine (9) days to meet with the client, gather all documents and material related to the case and begin our analysis. |
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http://www.allencowling.com/revconv.html
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| | Wrongful Conviction - The Story of Warren Slaney. |
| | Over 30 people were at that party and able to verify his location, 9 of which testified to this fact in Court. | | | Despite this Warren was still wrongly convicted and is today still in prison for crimes he Did Not Commit. | | | Wrongful Conviction - The Story of Warren Slaney. |
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http://www.warrenslaney.org
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| | Edward Humes - Mean Justice |
| | Snoozing defense attorneys, withheld evidence, coerced confessions: The wrongful convictions of the innocent and misconduct by those who are supposed to uphold the law have continued unabated since Mean Justice was published. | | | Here’s the latest on the national picture and on wrongful convictions in Central California (the setting of Mean Justice). | | | Error rates in Capital cases Read the study that has sparked new debates about the death penalty and the possibility that the innocent could be put to death, given the 65% rate of convictions overturned in death cases. |
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http://www.edwardhumes.com/books/mean
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| | Wrongful Conviction |
| | There is no general entitlement to recompense for wrongful conviction, for example compensation will not be awarded in cases where at the trial or on appeal the prosecution is unable to sustain the burden of proof against the accused person. | | | Applications should include the applicant's full name; date of birth; place and date of conviction or details of charge; the circumstances in which the conviction was reversed or the charge dropped; and the reasons why the applicant feels compensation is due to him/her. | | | The Home Secretary is prepared under certain specified circumstances to pay compensation to those who have been wrongly convicted or charged. |
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http://www.homeoffice.gov.uk/justice/sentencing/wrongful
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| | New Jersey conference exposes cases of wrongful conviction and imprisonment |
| | Paul Casteleiro, the lawyer who helped Landano overturn his conviction, stated that he felt the bulk of wrongful convictions, and Landano's case in particular, arose out of the willingness of the prosecution to rely on the testimony of unscrupulous persons in order to secure a conviction. | | | While contending with the aggressive maneuvers of state attorneys out to secure convictions, Landano and Berryman were forced to rely on the services of court-appointed attorneys. | | | Arguing that the new law severely hindered attempts to secure the overturning of wrongful convictions, Casteleiro stated that the passage of this act “effectively suspended the writ of habeas corpus.” |
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http://www.wsws.org/articles/2000/may2000/conv-m10.shtml
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| | Matt's Screeds: Paul Craig Roberts on Wrongful Conviction |
| | He states (and I totally agree) that wrongful conviction is a much more serious problem than the death penalty. | | | If it were not for coercive plea bargains, inner-city blacks would face a lower risk of wrongful conviction than whites." Only 5% of cases go to trail, so police don't need to worry that much about respecting civil rights or following good rules of evidence collection. | | | Roberts: "Bentham viewed the law as a weapon the government wields to punish criminals or anyone else in the name of the greatest good for the greatest number. |
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http://www.mattnliz.net/screeds_mt/000454.html
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| | IPT Journal - Book Review - "Convicted but Innocent: Wrongful Conviction and Public Policy" |
| | Although authorities with a vested interest in protecting the justice system are apt to minimize the frequency of wrongful convictions while those released are inclined to overestimate it, either estimate is frightening. | | | The book gives 13 suggestions for public policy proposals that may reduce the frequency of wrongful convictions and restore confidence in the justice system; these range from reduction in reliance upon imprisonment to removing the death penalty. | | | They are reasonable and may have an effect, but it remains the case that any justice system is administered by people. |
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http://www.ipt-forensics.com/journal/volume8/j8_3_br16.htm
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| | WRONGFUL CONVICTION READING ROOM |
| | Hanratty, Supreme Court of Judicature Court of Appeal (Criminal Division) Royal Courts of Justice, London, England, Case No: 199902010 S2 May 10, 2002. | | | Gross, The Risks of Death: Why Erroneous Convictions are Common in Capital Cases, 44 Buff. | | | Berhard, When Justice Fails: Indemnification for Unjust Convictions, 6 U. |
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http://www.law-forensic.com/wrongful_conviction_reading_room.htm
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| | Edward humes - Investigating Wrongful Convictions: A Resource for Journalists |
| | One approach is to look for clusters of the warning signs of injustice — factors that have often appeared in documented cases of wrongful conviction. | | | The attorney should not have testified, and the prosecutor should not have been allowed to tell jurors that Dunn solicited his attorney to help him gain illegal control of Sandy’s money, for it was not true. | | | Indeed, one would be hard pressed to find a criminal case that did not include at least one of these elements. |
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http://www.edwardhumes.com/articles/handout.shtml
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| | The Wrongful Conviction of Martha Stewart |
| | The law under which Stewart was convicted is what is known as Section 1001 of the federal criminal code. | | | Oftentimes, law collides with morality and justice, a principle that is perfectly exemplified by the immoral and unjust, albeit technically legal, conviction of Martha Stewart. | | | If stockholders in Waksal’s company want to complain because he’s violated his contract of employment, that’s their business, but why is it the business of the federal daddy that pervades our lives to punish someone for trying to limit his losses in the marketplace or anywhere else? |
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http://www.fff.org/comment/com0403e.asp
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| | TalkLeft: Wrongful Conviction Vacated - 16 Years in Prison Served |
| | Posted by conscious angel at December 23, 2004 07:50 AM I am ok with going after bad cops, prosecutors, and judges if the facts warrant, but the overpowering reality is that the justice system does not like to start going after its own, even if there is compelling evidence of criminal conduct. | | | We need stricter controls on the use of eyewitness evidence and laws allowing the wrongly convicted to be compensated. | | | However, it was an exceptionally weak case (the cars barely touched with almost no physical damage) and the eyewitness evidence supporting their case fell apart upon close examination. |
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http://www.talkleft.com/new_archives/009083.html
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| | Scoop: Wrongful conviction of teenage girls |
| | The wrongful conviction and imprisonment of three young teenage girls is a serious matter which requires and will receive full investigation of how the justice system got it wrong says Justice Minister Phil Goff. | | | “Under established procedures, enquiry is made as to whether applicants whose convictions are quashed by the Court of Appeal can be considered innocent of the offence. | | | “In response to any application for compensation for wrongful conviction and imprisonment, I will certainly carefully consider the matters raised. |
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http://www.scoop.co.nz/stories/PA0110/S00342.htm
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| | injusticebusters 2003 > > The James Driskell case shines a light on police and prosecutorial malice |
| | Scurfield reviewed a large body of new evidence, including DNA tests that excluded three hairs used to convict Driskell, a recantation by a key witness that was suppressed by the police, and secret cash payments and an immunity deal for witnesses that were never disclosed to Driskell's lawyers. | | | Ewatski said because of the ongoing court proceedings and federal review of the conviction, it would be inappropriate to comment on yesterday's proceedings. | | | This work is licensed under a Creative Commons License. |
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http://www.injusticebusters.com/2003/Driskell_James3.htm
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| | False Confession, Wrongful Conviction & Eyewitness Error |
| | It includes innocent people who, faced with overwhelming evidence against them, such as wrongful identification, perjury, or forged documentation, are greatly tempted to accept the plea bargain that their lawyer so strongly recommends. | | | It excludes people who get "lost in the system", or held without trial for long periods of time while being detained in a jail, out on bond, or simply awaiting charges (such cases are more properly termed wrongful imprisonment). | | | Rattner, A. When Justice Goes Wrong: Convicting the Innocent. |
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http://faculty.ncwc.edu/TOConnor/psy/psylect06.htm
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| | Amazon.com: Books: Innocent: Inside Wrongful Conviction Cases |
| | The result is a brief and powerful work that recounts the human costs of a criminal justice system gone awry, and reminds us that wrongful convictions can—and do—happen. | | | A chilling chronicle of what can happen when the criminal justice system goes awry, Christianson's volume documents 42 cases in which an innocent person was sentenced for a crime that she or he didn't commit. | | | Others have had their convictions reversed and the charges against them dismissed, and still others have been awarded civil damages after the state conceded their innocence. |
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http://www.amazon.com/exec/obidos/tg/detail/-/0814716342?v=glance
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| | CUADP |
| | If you are familiar with the Sheppard murder case, you know that it is not difficult to get railroaded in the United States. | | | Click Here to add a Case of Wrongful Conviction. | | | Despite enormous protections offered by the federal and states constitutions throughout this country, many persons have been executed despite evidence of their innocence. |
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http://www.cuadp.org/pris/pot.html
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| | Wrongful conviction probed - 12/02/04 |
| | Wyniemko's attorney asked the Macomb County Prosecutor's Office to review Wyniemko's pending federal lawsuit, which lays out evidence that suggests witnesses were coached, evidence was buried, conflicting leads were ignored and justice was forsaken for a conviction. | | | Wyniemko is suing Clinton Township, its police chief and investigating officers, including Ostin, in U.S. District Court in Detroit, claiming his civil rights were violated. | | | A jury convicted Wyniemko of rape and robbery and he was sentenced to 40 to 60 years in prison. |
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http://www.detnews.com/2004/metro/0412/02/C01-21977.htm
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| | The WRONGFUL CONVICTION of Carl Brooks |
| | After the conviction, at the sentencing phase, one of the juror's came into court with a loaded pistol. | | | The perjured testimony of the drug addict, Reginald Taylor, was the primary evidence presented in court to convict Carl Brooks of this murder. | | | The police never pursued a proper investigation, the prosecutor did not have grounds for a conviction, the defense attorney, Michael Ugarte, was incompetent, the jury was biased and the courts have denied all of his appeals. |
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http://members.cox.net/jalbert13/brooks.htm
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| | Mid-Atlantic Innocence Project: American University |
| | Failure to investigate, failure to call witnesses, inability to prepare for trial (due to caseload or incompetence), are a few examples of poor lawyering. | | | However, it is not exhaustive - the majority of criminal cases in this country do not involve DNA-testable material. | | | It has proven scientifically that our criminal justice system is and has convicted and sentenced innocent people -- and that these wrongful convictions are not rare or isolated. |
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http://www.wcl.american.edu/innocenceproject/fact.htm
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| | Truth in Justice |
| | Truth in Justice is an educational non-profit organized to educate the public regarding the vulnerabilities in the U. criminal justice system that make the criminal conviction of wholly innocent persons possible. | | | The cases here make the answer clear: it can happen to anyone, including you. | | | Why should you be concerned about wrongful conviction? |
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http://www.truthinjustice.org
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| | Wrongful Conviction in the News |
| | No appellate court ever reviewed Coleman's conviction because his public defender filed the notice of appeal one day late. | | | Failure To Read Miranda Rights Leads To Reversal of Officer's Sex Conviction | | | By a strong 7-2 majority, the Supreme Court on June 26 upheld the Miranda warning given by police to criminal suspects, enshrining it as part of the national culture protected by the Constitution. |
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http://www.truthinjustice.org/printinthenews.htm
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| | Justice on Trial |
| | Evidence points to a wrongful conviction in the case of William F. Armendizo. | | | Arrested and convicted at 16; proven innocent and released at 40, twenty-four years later, wrongfully imprisoned man finds adjustment difficult. | | | Each episode in the series will feature a case of someone who has been wrongly charged or convicted. |
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http://www.JusticeOnTrial.org
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| | WRONGFUL CONVICTION COURSE |
| | "Wrongful Convictions: Causes and Remedies" will be an interdisciplinary examination of the principal problems that lead to the conviction of the innocent and the leading proposals for reform. | | | The Innocence Project Philippines, in conjunction with other groups, will develop an academic course on wrongful convictions for use in undergraduate universities, graduate programs, junior colleges, and law schools. | | | It can serve as a "core" offering for students participating in innocence projects at their schools or as a stand-alone course. |
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http://www.innocenceprojectphilippines.com/wrongful_conviction_course.htm
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| | DEATH PENALTY LINKS |
| | Causes and Remedies of Erroneous Convictions II Amendments to Wrongful Conviction Review Process are Insufficient, Says CBA | | | ACLU Urges Legislation to Prevent Wrongful Conviction of Innocents | | | Justice Denied: The Magazine for the Wrongfully Convicted |
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http://www.law-forensic.com/dp_links.htm
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| | NEW RESOURCE: Law Review Features Wrongful Conviction Symposium |
| | The articles provide a detailed overview of the issue of innocence and examine wrongful convictions from a number of persectives, including the role of criminal case review in correcting miscarriages of justice, the need to record police interrogations, the impact of innocence on victims' family members, and compensating those who were wrongly imprisoned. | | | The Summer 2004 Drake Law Review includes articles based on a recent Symposium on Wrongful Convictions featuring some of the nation's leading experts on innocence and the death penalty. | | | NEW RESOURCE: Law Review Features Wrongful Conviction Symposium |
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http://www.deathpenaltyinfo.org/article.php?did=1128&scid=64
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| | The Wrongful Conviction of Julio Martinez |
| | And the judge retained jurisdiction for fifteen years to be certain that he would not be considered for parole. | | | That this defendant has an extensive prior felony record, which includes robberies, burglaries, thefts and that this act for which he has now been convicted is violent in nature and that it is necessary for the protection of society...." The sentence she had decided upon was for ninety-nine years in prison for armed robbery. | | | He was 24 years old when convicted and is now 42 years old. |
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http://members.cox.net/jalbert13/martinez.htm
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| | ABC7Chicago.com: Wrongful Conviction |
| | The petition for a pardon is being filed by Northwestern University's School of Law's Center on Wrongful Convictions. | | | Gary Dotson was convicted and sentenced to prison 24 years ago. | | | His attorney-- Rob Warden, Center on Wrongful Convictions-believes Dotson's best chance at a pardon is from Governor Ryan. |
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http://abclocal.go.com/wls/news/082502_ns_Dotson.html
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| | The Wrongful Conviction of Robert Halsey |
| | An expert testifying for a subsequent civil trial stated that the pediatrician used incorrect examining procedures and even got some of his terminology wrong. | | | He lived an unremarkable life until he was suddenly accused and convicted, in 1993, of a series of heinous crimes against some of the little children in his care. | | | He and his wife raised one daughter and he had no criminal record. |
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http://members.shaw.ca/imaginarycrimes/halsey.htm
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| | CBC News:Wrongful conviction case turns testy |
| | Knox testified on Wednesday that Parsons and his lawyer could have done more at trial to avoid the conviction. | | | Knox was the Crown attorney who successfully prosecuted Gregory Parsons in 1991 for the murder of his mother. | | | ST. JOHNS - The inquiry into a case of wrongful conviction had to adjourn on Thursday in St. John's after key witness Cathy Knox said she was too emotional to continue her testimony. |
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http://www.cbc.ca/stories/2004/05/13/canada/parsons_20040513
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| | TalkLeft: Wrongful Conviction Examined |
| | Posted by Wishful at November 7, 2004 08:10 AM Why? | | | This compelling report of Willis' wrongful conviction concludes in tomorrow's Express-News. |
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http://www.talkleft.com/new_archives/008654.html
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| | WRONGFUL CONVICTION AND IMPRISONMENT IN ALABAMA |
| | I received a most bizarre false accusation, wrongful conviction, and illegal imprisonment. | | | "Find out just what the people will submit to and you have found out the exact amount of injustice and wrong, which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. | | | The limits of tyrants are prescribed by the endurance of those whom they oppress." |
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http://www.fa-ir.org/ai/mystory_Brabham.htm
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| | Wrongful Conviction |
| | He says that there's serious miscarriages of justice in Queensland courts which sometimes lead to lengthy imprisonments - click on the audio link below to hear his story. | | | Dr Gee claims that therapists and counsellors can sometimes instill false memory in their patients which can lead to wrongful accusations and subsequently, wrongful convictions. | | | He attributes the wrongful accusations to False Memory Syndrome which is the domain of Dr Travis Gee who's a Research Fellow at the University of Queensland and Griffith University. |
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http://www.rickross.com/reference/false_memories/fsm85.html
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| | Review Darren Koehn's Wrongful Conviction Petition |
| | The Review Darren Koehn's Wrongful Conviction Petition to Canadian Minister of Justice / Supreme Court of Appeal was created by and written by Lisa Koehn (lisa@freedarrenkoehn.com). | | | This is an opinion petition and as such can be signed by any person of any age living in any state or country
however, signatures from Canada will reflect Canadian voters’ concerns, and as such hold more weight with the Minister... | | | · plead to Canada’s Minister of Justice, and/or the Supreme Court, to review and investigate Darren Koehn’s false "2nd Degree Murder” conviction, following the tragic accidental death of Jeremy Harris, his 3 year-old stepson, (September 1, 1994). |
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http://www.petitiononline.com/dkoehn
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| | Wrongful Conviction Lawsuits |
| | Rackauckas argued for the death penalty, but McKinney was sentenced to life in prison. | | | He also said that Rackauckas track record, which includes overturning five convictions during his three years in office, shows that the prosecutor is willing to own up to the mistakes in the criminal justice system. | | | But Superior Court Judge Frank Ochoa, ruling after a 26-day hearing, |
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http://www.geocities.com/CapitolHill/Parliament/2398/wrongful_conviction.html
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| | The WRONGFUL CONVICTION of RONALD GIFFING |
| | He was tried and convicted of first degree murder and sentenced to the mandatory 26 years and 8 months in prison with no chance of parole. | | | Ronald Giffing's conviction in Snohomish County, Washington, has all the elements of a prime example of a wrongful conviction. | | | The combination of judicial errors, an overzealous prosecutor and an ineffective defense counsel was disastrous for the defendant. |
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http://www.geocities.com/Athens/Forum/8512/giffing.htm
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| | Center on Wrongful Convictions: Northwestern Law |
| | The staff of the Center on Wrongful Convictions pioneered the investigation and litigation of wrongful convictions — including the cases of nine innocent men sentenced to death in Illinois. | | | Center client Randy Steidl, who was exonerated and released from prison in May 2004, is Illinois death row exoneree #18. |
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http://www.law.northwestern.edu/wrongfulconvictions
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| | A Wrongful Murder Conviction in Tennessee |
| | In 1992, ten years after his arrest, he uncovered evidence retrieved from police files which revealed that two state witnesses had in fact committed perjury at trial, that state prosecutors committed perjury at his trial and that certain evidence had been falsified. | | | is conviction comes as a result of Tennessee prosecutors using known perjured testimony; suppression of evidence of his innocence; falsification of evidence and a deal made with a witness in exchange for her testimony. | | | he testimony and other evidence used to convict Dewayne was deemed as circumstantial by the prosecutors' themselves. |
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http://rdbrock.itgo.com
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| | The Wrongful Conviction of Temujin Kensu |
| | One juror said, "His alibi was too perfect." Another said, "His attorney looked like such a sleaze bag, I figured he must be guilty". | | | The Escanaba witnesses were too many for the jury to convict beyond a reasonable doubt. | | | was convicted for the slaying of Scott Macklem. |
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http://www.m2solids.com/kensu/innocent.html
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| | Wrongful Conviction Conference At Harvard |
| | Seventeen prisoners who were exonerated and freed from prison were honored at the Harvard Law School at a two-day conference on wrongful convictions in April. | | | Editorials: The Death Penalty Is Too Flawed To Fix! | | | Diverse panels discussed the procedural problems of misidentification, false confessions, jailhouse snitches, ineffective assistance of counsel, and prosecutors’ failure to disclose evidence. |
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http://www.nodeathpenalty.org/newab024/harvard.html
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| | Innocence Projects Worldwide |
| | Wrongful Convictions: A Call To Action at Harvard Law School: | | | Judicial Error, Wrongful Convictions and the Death Penalty (in German): | | | Wisconsin Innocence Project ( Wisconsin Cases - May consider extraoridnary cases from Minnesota, Iowa, Illinois, Indiana, and Michigan) |
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http://forejustice.org/wc/wrongful_conviction_websites.htm
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| | frontline: what jennifer saw: Cotton's Wrongful Conviction PBS |
| | This organization, founded by Barry Scheck and Peter Neufeld, uses volunteer law students and attorneys to review cases of people who say they have been falsely convicted and, when appropriate, arrange for DNA tests that may support claims of innocence. | | | Here is the full 1996 National Institute of Justice report ("Convicted by Juries, Exonerated by Science") which cites Cotton as one of 28 wrongly convicted men who were freed after DNA testing proved they were innocent. | | | frontline: what jennifer saw: Cotton's Wrongful Conviction |
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http://www.pbs.org/wgbh/pages/frontline/shows/dna/cotton
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| | Commission of Inquiry Into the Wrongful Conviction of David Milgaard |
| | The Commission of Inquiry will also have the responsibility to seek to determine whether the investigation should have been re-opened based on information subsequently received by the police and the Department of Justice. | | | Justice Edward P. MacCallum of the Alberta Court of Queen’s Bench will conduct an inquiry into any and all aspects of the conduct of the investigation into the death of Gail Miller and the subsequent criminal proceedings resulting in the wrongful conviction of David Edgar Milgaard. | | | The Commission will begin Phase 2 — Police Witnesses on Monday, May 30, 2005, at 1:00 p.m at the Radisson Hotel, Saskatoon. |
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http://www.milgaardinquiry.ca/home.shtml
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| | ABC News: Finding Solace After Wrongful Conviction |
| | Hornoff, now 42, served six years and four months in prison for the 1995 murder of Vicky Cushman — a crime to which Cushman's boyfriend confessed in 2002. | | | ABC News Home > U.S. Finding Solace After Wrongful Conviction | | | Hornoff, a former police detective, spent his years of incarceration fighting to have his conviction overturned. |
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http://abcnews.go.com/US/story?id=315686&page=1
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| | Highlights of Wrongful Conviction Conference |
| | Brought together by the vision and organizing skills of Lawrence C. Marshall, a Northwestern University law professor, hundreds gathered for three days in the chill of November in Chicago to examine wrongful conviction -- the prosecution, imprisonment and yes, execution of wholly innocent men and women. |
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http://www.truthinjustice.org/highlights.htm
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