Friday, April 19, 2013
Myles Frederick McLellan (University of Ottawa - Department of Criminology) has posted Innocence Compensation: A Comparative Look at the American and Canadian Approaches (Criminal Law Bulletin, Vol. 49, No. 2, p. 218, 2013) on SSRN. Here is the abstract:
The plight of the wrongfully convicted is gaining prominence with the growing awareness of the prodigious harms to innocent persons at the hands of the criminal justice system. Most of the attention, both scholarly and legislatively, has been focused on the causes of miscarriages of justice. What needs to now be addressed more comprehensively is the issue of how to provide redress to those persons whose lives have been inexorably damaged; and how to best compensate them in their efforts to rebuild a life. Virtually all western democracies have turned their attention to this issue, some more effectively than others. This paper looks at the similarities and the differences in the approaches between the United States and Canada in this regard. Lessons can be learned from both.