Wrongful Convictions Flashcards

What is a wrongful conviction

When someone has plead guilty or been found guilty and notwithstanding plea or verdict, is innocent

What are the 2 types of wrongful convictions

Factual and Legal innocence

What is factual innocence

The person factually did not commit the crime

What is legal innocence

A procedural error violated the convicted persons rights, regardless if they did commit the crime

What are some causes of wrongful convictions

Eyewitness ID error, false confessions, false guilty pleas, "tunnel vision", systemic discrimination, errors in forensic evidence, professional misconduct

What is suggestive interviewing

When the police pressure a witness to have a certain story of events

What is tunnel vision

When focusing on one suspect causes you to exclude others

What are procedural errors in regards to wrongful convictions

poor defence, failing to investigate alibis, admitting evidence which should not have been

What are the three possibilities for an appeal

The verdict was unreasonable, there was an error in law, miscarriage of justice

If the provincial court of appeals upholds the conviction, what is the next step

The supreme court

When does someone have a right to appeal to the supreme court

When at least one judge dissents

What is s696.1 of the Criminal Code

It gives the federal minister of justice the power to review criminal cases to see if there was a miscarriage of justice

What is the criteria for a s696.1 application

Rare use, gone through all appeal options, must be significant new evidence

What options does the minister of justice have

order a new trial or hearing, order a new appeal proceeding

What are the compensation requirements for someone who was wrongfully accused

must have been imprisoned with time served, is only available to the actual person, there must be a pardon or acquittal granted.

What are pecuniary losses

Loss of livelihood, future earnings, property

What are non-pecuniary losses

Loss of liberty, reputation, relationships

What is an imagined crime

When there was no crime committed, or detailed were fabricated or misrepresented