Wrongful Convictions In Canada
1
Wrongful Convictions in Canada
James Doe
153678 (Student Number)
Course Name
Course Section
Dr. Bahareh Assadi (Instructor Name)
November 20, 2012
2
Wrongful Convictions in Canada
One of the most controversial issues existing in the Criminal Justice System is the concept of wrongful convictions. The problem is that occasionally innocent accused persons are convicted of crimes that they have not committed resulting in unfair prison sentences.
Criminologists in Canada are exploring the causes and consequences of wrongful convictions in an effort to find preventative measures to stop this disturbing glitch within the Canadian criminal justice system. Research suggested that although wrongful convictions were rare in the past, …show more content…
The Canadian Criminal Justice System
In Canada, the Criminal Code “gives the federal Minister of Justice the power to review a conviction under federal law to determine whether there may be have been a miscarriage of justice, or what is often called a wrongful conviction” (Scullion, 2004, p.190). If the Minister identifies that a miscarriage of justice has likely to have occurred, he has the authority to order a new trial or refer the matter to the Court of Appeal. The Minister is not responsible for deciding whether a convicted person is guilty or not, rather, that role is assigned to the Court of Appeal.
One of the criticisms of the review process is that it places the onus on the applicant to demonstrate that a miscarriage has occurred with the system. In addition, the cost associated with filling an application to the minister is often out of reach for most applicants (Scullion, 2004).
Lastly, the criminal conviction review process lacks independence because “one government department is reviewing another government department, the review process contains …show more content…
Criminologist argue that the government has to do more than just provide compensation to individuals who have been wrongfully accused, because money alone does not rectify the emotional, social and psychological damages brought about by a wrongful conviction. Efforts need to be made to help individuals who have been wrongfully convicted on many different levels, including providing free government programs that assist with emotional and psychological rehabilitation for these individuals.
There are significant negative effects associated with wrongful convictions for the accused. Persons who are wrongfully convicted experiences losses ranging from liberty, romantic relationships and security (Roberts & Grossman, 2012). In terms of parole, it is difficult for many accused to request for parole especially when the person has not committed a crime.
Research suggested that most accused are not given parole for the first few times that they request for a review (Tracey, 2006). The other problem is many lawyers are not going to commit to a tedious and time-consuming task of proving miscarriage of justice with few prospects
Wrongful Convictions in Canada
James Doe
153678 (Student Number)
Course Name
Course Section
Dr. Bahareh Assadi (Instructor Name)
November 20, 2012
2
Wrongful Convictions in Canada
One of the most controversial issues existing in the Criminal Justice System is the concept of wrongful convictions. The problem is that occasionally innocent accused persons are convicted of crimes that they have not committed resulting in unfair prison sentences.
Criminologists in Canada are exploring the causes and consequences of wrongful convictions in an effort to find preventative measures to stop this disturbing glitch within the Canadian criminal justice system. Research suggested that although wrongful convictions were rare in the past, …show more content…
The Canadian Criminal Justice System
In Canada, the Criminal Code “gives the federal Minister of Justice the power to review a conviction under federal law to determine whether there may be have been a miscarriage of justice, or what is often called a wrongful conviction” (Scullion, 2004, p.190). If the Minister identifies that a miscarriage of justice has likely to have occurred, he has the authority to order a new trial or refer the matter to the Court of Appeal. The Minister is not responsible for deciding whether a convicted person is guilty or not, rather, that role is assigned to the Court of Appeal.
One of the criticisms of the review process is that it places the onus on the applicant to demonstrate that a miscarriage has occurred with the system. In addition, the cost associated with filling an application to the minister is often out of reach for most applicants (Scullion, 2004).
Lastly, the criminal conviction review process lacks independence because “one government department is reviewing another government department, the review process contains …show more content…
Criminologist argue that the government has to do more than just provide compensation to individuals who have been wrongfully accused, because money alone does not rectify the emotional, social and psychological damages brought about by a wrongful conviction. Efforts need to be made to help individuals who have been wrongfully convicted on many different levels, including providing free government programs that assist with emotional and psychological rehabilitation for these individuals.
There are significant negative effects associated with wrongful convictions for the accused. Persons who are wrongfully convicted experiences losses ranging from liberty, romantic relationships and security (Roberts & Grossman, 2012). In terms of parole, it is difficult for many accused to request for parole especially when the person has not committed a crime.
Research suggested that most accused are not given parole for the first few times that they request for a review (Tracey, 2006). The other problem is many lawyers are not going to commit to a tedious and time-consuming task of proving miscarriage of justice with few prospects