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1 UNDERSTANDING WRONGFUL CONVICTION The protection of the innocent across Europe and America Edited by LUCA LUPÁRIA 2015
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3 TABLE OF CONTENTS RETHINKING THE APPROACH TO WRONGFUL CONVICTIONS IN EUROPE: SOME PRELIMINARY REMARKS Luca Lupária... pag. 1 PART I MISCARRIAGE OF JUSTICE: CRITICAL ISSUES AND NEW CHALLENGES IN AMERICA AND EUROPE CHAPTER I THE HUMAN FACTOR IN WRONGFUL CONVICTIONS ACROSS NATIONAL BORDERS Mark Godsey 1. Introduction... pag Confirmation bias and faulty forensic conclusions...» Memory problems, eyewitness identification and false confessions...» Lie detection, tunnel vision and police/prosecutor misconduct...» Conclusion...» 32 CHAPTER II INNOCENCE WORK IN THE AMERICAS Justin Brooks 1. Introduction... pag The challenges...» The future...» 36
4 VI TABLE OF CONTENTS CHAPTER III ACCOUNTING FOR THE POTENTIAL OF ERROR IN THE EVALUATION OF THE WEIGHT OF SCIENTIFIC EVIDENCE J. Vuille, A. Biedermann, F. Taroni 1. Introduction... pag Erroneous scientific evidence...» Uncertainty in forensic science...» Uncertainty in the evaluation of forensic findings: the role of probability and Bayesian inference...» Interpreting scientific evidence with Bayes Theorem: the example of forensic DNA evidence...» An introduction to forensic DNA analysis...» Probabilistic evaluation of DNA profiling results...» Probabilistic evaluation of DNA profiling results and the potential of error...» Conclusion...» 55 CHAPTER IV WRONGFUL CONVICTIONS AS A RESULT OF POLITICAL PRESSURE Martin Killias 1. Wrongful convictions: an American subject?... pag Factors that increase risk of miscarriages of justice...» Almost forgotten: intentional miscarriages of justice» Outreau and DSK: two cases in France...» The Torino Eternit trial: an emblematic case...» The background...» The defendant and asbestos...» Reactions to a tragedy of huge dimensions...» Confusing legal technicalities...» Distorting facts...» The Deus ex machina: the Supreme Court...» Not over yet...» Preventing and remedying abusive trials...» 79
5 TABLE OF CONTENTS VII PART II WRONGFUL CONVICTIONS IN EUROPE: PREVENTION AND REMEDIES CHAPTER V THE EMERGING PHENOMENON OF WRONGFUL CONVICTIONS IN THE NETHERLANDS: CAUSES AND SOLUTIONS G.G.J. Knoops, E.L.I. Bell 1. Introduction... pag Identifying the number of wrongful convictions...» Introduction: comparative issues...» Wrongful conviction crimes...» Reopening criminal cases within the Dutch criminal justice system...» Introduction...» The law on redressing miscarriages of justice...» The ACAS system...» Causes of wrongful convictions...» False confessions and true denials...» Forensic errors...» The inquisitorial justice system and its impact upon miscarriages of justice...» Conclusions and recommendations...» 109 CHAPTER VI MISCARRIAGE OF JUSTICE AND AWARENESS OF THE ITALIAN JUDGE Giuseppe Gennari 1. Premises... pag The inertia effect on wrongful convictions...» What can we do in Italy to protect innocent people?...» 114 CHAPTER VII REMEDIES FOR MISCARRIAGE OF JUSTICE IN ITALY Mitja Gialuz 1. Introduction... pag Revision as main mechanism of reparation for miscarriage of justice...» 121
6 VIII TABLE OF CONTENTS 3. The exclusion of partial revision... pag The scope of application of revision...» Revision and new scientific evidence...» Compensation for miscarriage of justice...» 133 Chapter VIII WRONGFUL CONVICTIONS IN THE FRENCH CRIMINAL JUSTICE SYSTEM: SOME CONSIDERATION Sylvain Cormier 1. Introduction... pag The revisions obtained before the law of 20 June 2014.» Since the law of 20 June 2014: the Machin case...» 142 PART III THE EXPERIENCE OF THE INNOCENCE PROJECTS IN EUROPE CHAPTER IX THE COMMON VOCABULARY OF INNOCENCE: INTERNATIONALIZATION OF THE INNOCENCE NETWORK AS A HUMAN RIGHTS ORGANISATION David Langwallner 1. By way of an introduction... pag Local differences...» What then do we have in common?...» Students: embedded learning and human right consciousness...» Conclusions...» 161 CHAPTER X THE UK INNOCENCE MOVEMENT: PAST, PRESENT, AND FUTURE? Holly Greenwood 1. Introduction... pag The UK innocence movement: the background...» Research summary...» 169
7 TABLE OF CONTENTS IX 4. The UK innocence movement: an overview... pag Limitations of the innocence project model...» Systemic problems...» A view to the future...» Conclusion...» 191 CHAPTER XI WRONGFUL CONVICTIONS IN POLAND AND THE POLISH INNOCENT PROGRAM Maria Ejchart Dubois 1. Introduction... pag Empowerments and major activity of Innocence Clinic» Causes of miscarriage of justice...» Scene examination...» Identification parade and incorrect identification by a witness...» Admission of guilty...» Expert witness...» False accusation...» Summary...» 206 CHAPTER XII WORKING WITH STUDENTS IN INNOCENCE EFFORTS: MERITS AND CHALLENGES Martina Cagossi 1. Premises... pag Clinical legal education in United States and Europe...» The benefits from working in an innocence project law clinic...» The Italy Innocence Project...» 216
8 X TABLE OF CONTENTS PART IV MISCARRIAGES OF JUSTICE UNDER A SOUTH AMERICAN PERSPECTIVE CHAPTER XIII WRONGFUL CONVICTIONS IN CHILE: CHALLENGES FOR THE NEW CRIMINAL PROCEDURE A. Alvarado Urízar, I. Castillo Val 1. Introduction... pag The origin of concern for the wrongfully convicted people: identifying the problem and its causes...» The Chilean experience on wrongful convictions...» Criminal procedure reform: from an inquisitorial procedure to an adversarial design..» Brief analysis of the effective progress of the reform...» The role of precedents in general...» Role of appeals for review before the Supreme Court...» The conviction of innocent defendants in the new Chilean criminal procedure: selected case analysis...» The Lobos Parra case...» Analysis of the trial and conviction of the V Oral Criminal Court of Santiago..» The Police s tunnel vision...» The state prosecution s tunnel vision...» The court s tunnel vision...» Analysis of the appeal for review and the Supreme Court s decision...» The Robles Vergara case...» The case and the trial court s decision analysis and the appeal for annulment...» Appeal for review and the Supreme Court decision s analysis...» Conclusions...» 257
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