Judicial error
Enlarge text Shrink text- Radelet, M.L. In spite of innocence : erroneous convictions in capital cases, 1992:p. 10 (wrongful convictions)
- Brandon, R. Wrongful imprisonment : mistaken convictions and their consequences, 1973.
- Huff, C.R. Convicted but innocent : wrongful conviction and public policy, 1996.
- Borchard, E.M. Convicting the innocent, 1970.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team). Some prosecutors' offices undertake conviction integrity reviews to prevent, identify, and correct wrongful convictions.
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