Wrongful Convictions - When Justice Fails

Flashcards covering key concepts, causes, social impacts, and review procedures surrounding wrongful convictions in Canada and general criminal justice research.

What text definition of a wrongful conviction is shown in this excerpt?

An individual has been arrested on criminal charges and has either plead guilty to the charge or has been tried and found guilty; and who, notwithstanding ple or verdict, is in fact innocent.

What percentage of serious crimes is estimated to be wrongful convictions?

It is estimated that $1\text{--}5\%$ of serious crimes are wrongful convictions.

Why is most research on wrongful convictions conducted in the U.S. and on violent crime?

Because violent crime is the easiest form of crime to find errors in, as there is more physical evidence and more years available for appeal.

What is a Wrong-Person Error?

A Wrong-Person Error involves factual innocence, where an innocent person is convicted.

What is an Error of Due Process?

An Error of Due Process involves legal innocence, where a person is factually guilty but legally innocent due to issues such as unfair trials, improper procedures, or rights violations.

What is an Error of Impunity?

An Error of Impunity occurs when the factually guilty person is not captured or gets released.

What is an Error of Criminalization?

An Error of Criminalization occurs when an innocent person is convicted for a crime that never actually occurred ("smoke but no fire").

What is considered the single most important factor leading to wrongful convictions?

Eyewitness error or eyewitness testimony is the single most important factor leading to wrongful convictions.

What is suggestive police interviewing?

It occurs when police communicate information to eyewitnesses that subsequently influences and contaminates their testimony.

What is unconscious transference in the context of eyewitness identification?

It is witness confusion between a person seen in one situation and a person seen in another situation.

What does the malleability of confidence refer to in eyewitness testimony?

It refers to the pliable nature of a witness's certainty regarding their testimony, such as becoming more confident after receiving positive feedback from authorities.

How are weaknesses in eyewitness identification communicated to a jury during a trial?

It is the role of the judge to inform the jury, as defence lawyers are not permitted to call upon experts to discuss the weakness of eyewitness identification.

How can erroneous forensic science contribute to wrongful convictions?

It can occur through inadvertent human error, sloppiness, exaggeration, misinterpretation, bias, or deliberate tampering with evidence by forensic scientists.

Why are false confessions such a impactful factor in wrongful convictions?

A confession is the most powerful piece of evidence the prosecution can bring, and juries tend to believe a defendant who confesses regardless of evidence pointing to the contrary.

What exchange occurs when law enforcement uses jailhouse informants?

Prisoner informants provide information to law enforcement officials in exchange for money, property, or the promise of leniency in sentencing.

What is tunnel vision in police or prosecutorial misconduct?

Tunnel vision is when a suspect's guilt is assumed and evidence is then subconsciously manipulated to prove that guilt.

In Canada, which groups are highlighted as being especially vulnerable to racial discrimination in the justice system?

Indigenous people and Black people in Canada.

What does the phrase "a perfect storm" refer to in wrongful conviction research?

It refers to the idea that wrongful convictions rarely result from a single mistake, but rather from multiple failures across different stages of the justice system converging.

What type of identity do prisoners often adopt during incarceration to protect themselves?

A provisional or "suspended identity".

How can declaring oneself as wrongfully convicted affect a prisoner's perception by authorities?

It can be perceived by authorities as an inability to adapt to the prison environment and as a denial of their offence.

Which body conducts reviews of wrongful conviction applications on behalf of the federal Minister of Justice in Canada?

The Criminal Conviction Review Group (CCRG).

What requirements must be met before an individual can apply for a conviction review by the Minister of Justice?

The individual must have exercised all rights of appeal through various courts, and there must be new matters of significance that were not previously considered or arose after appeals were exhausted.

What four recommendations can the Minister of Justice make following a conviction review?

(1) Decline to make a remedy, (2) order a new trial or hearing, (3) order a new appeal proceeding, or (4) refer any question to the court of appeal for its opinion.

What are Commissions of Inquiry?

Commissions of Inquiry are official, independent investigative bodies established to examine major public issues, crises, or events of significant concern.