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Wrongful Convictions
A miscarriage of justice occurs when a grossly 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 p ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ...
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Innocence Project
Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that is committed to exonerating individuals who have been wrongly convicted, through the use of DNA testing and working to reform the criminal justice system to prevent future injustice. The group cites various studies estimating that in the United States between 2.3% and 10% of all prisoners are innocent. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld who gained national attention in the mid-1990s as part of the "Dream Team" of lawyers who formed part of the defense in the O. J. Simpson murder case. , the Innocence Project has helped to successfully overturn over 300 convictions through DNA-based exonerations. In 2021, Innocence Project received the biennial Milton Friedman Prize for Advancing Liberty by Cato Institute, awarded in recognition and gratitude for its work to ensure liberty and justice for all. In March 2022, The Innocence Project won two Webby Awards for its ''Happi ...
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False Confession
A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can be made voluntarily, perhaps to protect a third party, or induced through coercive interrogation techniques. When some degree of coercion is involved, studies have found that subjects with highly sophisticated intelligence or manipulated by their so called "friends" are more likely to make such confessions. Young people are particularly vulnerable to confessing, especially when stressed, tired, or traumatized, and have a significantly higher rate of false confessions than adults. Hundreds of innocent people have been convicted, imprisoned, and sometimes sentenced to death after confessing to crimes they did not commit—but years later, have been exonerated. It was not until several shocking false confession cases were publicized in the late 1980s, combined with the introduction of DNA evidence, that the extent of wrongful convicti ...
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Charles Smith (pathologist)
Charles Randal Smith is a former Canadian pathologist known for performing flawed child autopsies that resulted in wrongful convictions. As the head forensic pathologist at the Hospital for Sick Children in Toronto, Ontario, from 1982 to 2003, Smith performed more than 1,000 child autopsies. In 2002, Smith was reprimanded with a caution by the Ontario College of Physicians and Surgeons for his work on three suspicious-death cases, and in 2003 he was removed from performing autopsies. In June 2005, the Chief Coroner of Ontario ordered a review of 44 autopsies carried out by Smith, thirteen of which had resulted in criminal charges and convictions. The review was released in April 2007, indicating that there were substantial problems with 20 of the autopsies. In response to the review, Ontario Attorney General Michael Bryant immediately announced that there would be a full public inquiry into the state of pediatric forensic pathology in Ontario. The Goudge Inquiry began hearing ...
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Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ...
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Serological
Serology is the scientific study of serum and other body fluids. In practice, the term usually refers to the diagnostic identification of antibodies in the serum. Such antibodies are typically formed in response to an infection (against a given microorganism), against other foreign proteins (in response, for example, to a mismatched blood transfusion), or to one's own proteins (in instances of autoimmune disease). In either case, the procedure is simple. Serological tests Serological tests are diagnostic methods that are used to identify antibodies and antigens in a patient's sample. Serological tests may be performed to diagnose infections and autoimmune illnesses, to check if a person has immunity to certain diseases, and in many other situations, such as determining an individual's blood type. Serological tests may also be used in forensic serology to investigate crime scene evidence. Several methods can be used to detect antibodies and antigens, including ELISA, agglutinati ...
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Crime Scene
A crime scene is any location that may be associated with a committed crime. Crime scenes contain physical evidence that is pertinent to a criminal investigation. This evidence is collected by crime scene investigators (CSI) and law enforcement. The location of a crime scene can be the place where the crime took place or can be any area that contains evidence from the crime itself. Scenes are not only limited to a location, but can be any person, place, or object associated with the criminal behaviours that occurred. After a crime scene has been discovered, measures must be taken to secure and protect the scene from contamination. To maintain the integrity of the scene, law enforcement must take action to block off the surrounding area as well as keep track of who comes in and goes out. By taking these precautions, officers can ensure that evidence that is collected can be used in court. Evidence that has become contaminated, tampered with, or mistreated can pollute the scene an ...
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Police Officer
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the rank "officer" is legally reserved for military personnel. Police officers are generally charged with the apprehension of suspects and the prevention, detection, and reporting of crime, protection and assistance of the general public, and the maintenance of public order. Police officers may be sworn to an oath, and have the power to arrest people and detain them for a limited time, along with other duties and powers. Some officers are trained in special duties, such as counter-terrorism, surveillance, child protection, VIP protection, civil law enforcement, and investigation techniques into major crime including fraud, rape, murder, and drug trafficking. Although many police officers wear a corresponding uniform, some police officers a ...
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Firefighter
A firefighter is a first responder and rescuer extensively trained in firefighting, primarily to extinguish hazardous fires that threaten life, property, and the environment as well as to rescue people and in some cases or jurisdictions also animals from dangerous situations. Male firefighters are sometimes referred to as firemen (and, less commonly, a female firefighter as firewoman). The fire service, also known in some countries as the fire brigade or fire department, is one of the three main emergency services. From urban areas to aboard ships, firefighters have become ubiquitous around the world. The skills required for safe operations are regularly practised during training evaluations throughout a firefighter's career. Initial firefighting skills are normally taught through local, regional or state-approved fire academies or training courses. Depending on the requirements of a department, additional skills and certifications such as technical rescue and pre-hospital ...
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Emergency Responders
Emergency services and rescue services are organizations that ensure public safety and health by addressing and resolving different emergencies. Some of these agencies exist solely for addressing certain types of emergencies, while others deal with ad hoc emergencies as part of their normal responsibilities. Many of these agencies engage in community awareness and prevention programs to help the public avoid, detect, and report emergencies effectively. Emergency services are often considered first responders. Emergency services have one or more dedicated emergency telephone numbers reserved for critical emergency calls. In many countries, one number is used for all of the emergency services (e.g. 911 in the Americas, 999 in the United Kingdom, 112 in continental Europe, 000 in Australia). In some countries, each emergency service has its own emergency number (e.g. 110 for police, 118 for coast guard, 119 for fire and medical in Japan; 110 for police, 119 for fire, 120 for medical ...
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Suspect
In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated US slang). However, in official definition, the perpetrator is the robber, assailant, counterfeiter, etc.—the person who committed the crime. The distinction between suspect and perpetrator recognizes that the suspect is not ''known'' to have committed the offense, while the perpetrator—who may not yet have been suspected of the crime, and is thus not necessarily a suspect—is the one who did. The suspect may be a different person from the perpetrator, or there may have been no actual crime, which would mean there is no perpetrator. A common error in police reports is a witness description of the suspect (as a witness generally describes a perpetrator, while a mug shot is of a suspect). Frequently it is stated that police are looking ...
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Elizabeth Loftus
Elizabeth F. Loftus (born 1944) is an American psychologist who is best known in relation to the misinformation effect, false memory and criticism of recovered memory therapies. Loftus's research includes the effects of phrasing on the perceptions of automobile accidents, the "lost in the mall" technique and the manipulation of food preferences through the use of false memories. In the Jane Doe case that began in 1997, Loftus and Melvin J. Guyer revealed serious concerns about the background and validity of the initial research. She has also served on the executive council of the Committee for Skeptical Inquiry and was a keynote speaker at the British Psychological Society's 2011 annual conference. As well as her scientific work, Loftus has provided expert testimony or consultation for lawyers in over 300 court cases, including for the legal teams of Ghislaine Maxwell, Harvey Weinstein and Robert Durst. She has also written many books, including ''The Myth of Repressed Memor ...
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