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Edwin M. Borchard ? Convicting the Innocent and State Indemnity for Errors of Criminal Justice

Edwin M. Borchard ? Convicting the Innocent and State Indemnity for Errors of Criminal Justice
Author: Edwin Montefiore Borchard
Publisher:
Total Pages: 358
Release: 2013-08-10
Genre:
ISBN: 9780985503314

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Edwin M. Borchard was a pioneer in both identifying the features of the United States' legal system that contribute to the conviction of innocent persons, and advocating for their compensation when exonerated. This compilation includes Borchard's "Convicting The Innocent: Sixty-Five Actual Errors Of Criminal Justice," which was the first book published in the United States that identified key factors contributing to the conviction of innocent persons. Borchard suggested reforms to try and minimize the effect of those factors and the occurrence of a wrongful conviction. Due to the legal system's inertia and resistance to meaningful change, Borchard's analysis of the causes of wrongful convictions, and his suggested reforms, are as relevant today as when "Convicting The Innocent" was published in 1932. This compilation also includes "European Systems Of State Indemnity For Errors Of Criminal Justice," which was the first article published in the U.S. that detailed how deficient indemnification of an exonerated person is in the U.S. compared with European countries. Borchard advocated enactment of legislation that would provide adequate compensation for exonerated persons in the U.S. Borchard's premise is as relevant today as when his article was published in 1913 because the U.S. continues to lag not only European countries, but countries throughout the world in adequately indemnifying exonerated persons. Borchard's article also provides an invaluable resource for understanding the history of indemnifying a wrongful conviction in this country and Europe. Also included in this compilation is Justice Denied magazine's biographical article about Borchard when it named him as an inaugural member of its Wrongful Conviction Hall Of Honor in 2007. This compilation provides today's audience with Edwin Borchard's primary works concerning wrongful convictions. Borchard's writings continue to provide valuable insights into the causes of wrongful convictions and reforms that may help minimize their occurrence, and that the generally inadequate indemnification of exonerated persons in the U.S. has been of concern for more than 100 years.


Convicting the Innocent

Convicting the Innocent
Author: Edwin Borchard
Publisher:
Total Pages: 466
Release: 1932
Genre: Compensation for judicial error
ISBN:

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Collection of sixty-five cases of erroneous criminal convictions of innocent people, the causes of error being due in the main to mistaken identification, circumstantial evidence, or perjury, or some combination of these. Includes an analysis of the statutes, of European countries providing indemnity for wrongfully convicted and arrested persons, to be used a a basis for American legislation. cf. Pref.


Convicting the Innocent

Convicting the Innocent
Author: Edwin M. Borchard
Publisher: CreateSpace
Total Pages: 406
Release: 2010-05-14
Genre: Law
ISBN: 9781452862422

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My major interests lie in an aspect of the law somewhat remote from criminal law, I have nevertheless long urged that the State or community assume the risks of official wrongdoing and error instead of permitting the losses resulting from such fault or mistake to be borne by the injured individual alone. Among the most shocking of such injuries and most glaring of injustices are erroneous criminal convictions of innocent people. The State must necessarily prosecute persons legitimately suspected of crime; but when it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity, for the loss and damage suffered. European countries have long recognized that such indemnity is a public obligation. Federal and state governments in the United States ought to adopt the same policy, instead of merely releasing the innocent prisoner from custody by pardoning him for a crime he never committed and without any admission of error or public vindication of his character. A district attorney in Worcester County, Massachusetts, a few years ago is reported to have said : "Innocent men are never convicted. Don't worry about it, it never happens in the world. It is a physical impossibility." The present collection of sixty-five cases, which have been selected from a much larger number, is a refutation of this supposition. Inasmuch as the conditions described are of interest primarily to the American public, American cases, mainly from the twentieth century, have, for the most part, 1 been chosen for publication. Fifty cases, by reason of their importance or some striking characteristic, have been used as principal cases; the other fifteen, more concisely reported, follow thereafter. Together, they present an interesting cross section of American life.


Convicting The Innocent

Convicting The Innocent
Author: Edwin M. Borchard
Publisher: Da Capo Press
Total Pages: 421
Release: 1970-03-21
Genre: Law
ISBN: 9780306718861

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My major interests lie in an aspect of the law somewhat remote from criminal law, I have nevertheless long urged that the State or community assume the risks of official wrongdoing and error instead of permitting the losses resulting from such fault or mistake to be borne by the injured individual alone. Among the most shocking of such injuries and most glaring of injustices are erroneous criminal convictions of innocent people. The State must necessarily prosecute persons legitimately suspected of crime; but when it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity, for the loss and damage suffered. European countries have long recognized that such indemnity is a public obligation. Federal and state governments in the United States ought to adopt the same policy, instead of merely releasing the innocent prisoner from custody by pardoning him for a crime he never committed and without any admission of error or public vindication of his character. A district attorney in Worcester County, Massachusetts, a few years ago is reported to have said: "Innocent men are never convicted. Don't worry about it, it never happens in the world. It is a physical impossibility." The present collection of sixty-five cases, which have been selected from a much larger number, is a refutation of this supposition. Inasmuch as the conditions described are of interest primarily to the American public, American cases, mainly from the twentieth century, have, for the most part, 1 been chosen for publication. Fifty cases, by reason of their importance or some striking characteristic, have been used as principal cases; the other fifteen, more concisely reported, follow thereafter. Together, they present an interesting cross section of American life.


Convicting the Innocent

Convicting the Innocent
Author: Edwin Borchard
Publisher:
Total Pages: 383
Release: 1932
Genre: Compensation for judicial error
ISBN:

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Convicting the Innocent; Sixty-Five Actual Errors of Criminal Justice

Convicting the Innocent; Sixty-Five Actual Errors of Criminal Justice
Author: Edwin Montefiore Borchard
Publisher: Hardpress Publishing
Total Pages: 418
Release: 2012-01
Genre: Compensation for judicial error
ISBN: 9781407711249

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Collection of sixty-five cases of erroneous criminal convictions of innocent people, the causes of error being due in the main to mistaken identification, circumstantial evidence, or perjury, or some combination of these. Includes an analysis of the statutes of European countries providing indemnity for wrongfully convicted and arrested persons to be used as a basis for American legislation.


Forensic Criminology

Forensic Criminology
Author: Wayne Petherick
Publisher: Academic Press
Total Pages: 625
Release: 2009-07-30
Genre: Social Science
ISBN: 0123785731

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Forensic Criminology gives students of criminology and criminal justice an introduction to the forensic realm and the applied forensic issues they will face when working cases within the justice system. It effectively bridges the theoretical world of social criminology with the applied world of the criminal justice system. While most of the competing textbooks on criminology adequately address the application and the social theory to the criminal justice system, the vast majority do not include casework or real-world issues that criminologists face. This book focuses on navigating casework in forensic contexts by case-working criminologists, rather than broad social theory. It also allows criminology/criminal justice instructors outside of the forensic sciences the ability to develop and instruct a core course that might otherwise be considered beyond their expertise, or in conflict with forensic courses taught in chemistry, biology, or medical programs at their institutions because of its focus on criminology and criminal justice careers. With its practical approach, this textbook is well-suited for forensic criminology subjects being taught and developed in law, criminology, and criminal justice programs around the world. Approaches the study of criminology from an applied standpoint, moving away from the purely theoretical Contains relevant and contemporary case examples to demonstrate the application of forensic criminology Provides an integrated philosophy with respect to criminology, forensic casework, criminal investigations, and the law Useful for students and professionals in the area of criminology, criminal justice, criminal investigation, forensic science, and the law


Wrongful Convictions and Miscarriages of Justice

Wrongful Convictions and Miscarriages of Justice
Author: C. Ronald Huff
Publisher: Routledge
Total Pages: 434
Release: 2013
Genre: Law
ISBN: 0415539935

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This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.