CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, February 23, 2021

Greenberg on Wrongful Convictions of Indigenous Youth

Jeremy Greenberg has posted When One Innocent Suffers: Phillip James Tallio and Wrongful Convictions of Indigenous Youth (Criminal Law Quarterly, Vol. 67) on SSRN. Here is the abstract:

This paper examines the causes - sociological, psychological, and legal - for the wrongful conviction of Indigenous persons, and in particular, Indigenous youth, in Canada. The paper includes an overview of research on causes of wrongful conviction, as well as background on the systemic over-incarceration of Indigenous persons in Canada.

The paper also includes recommendations on reducing wrongful conviction risk factors, including, inter alia, false confessions, plea bargaining, bias and "tunnel vision" by police and other state actors, the overlap between the child welfare and criminal justice systems, the prevalence of mental illness and disabilities in the criminal justice system, the legacy of Residential Schools and ongoing marginalization of Indigenous persons, and the evolving philosophy of youth criminal justice. The experience of one Indigenous youth, Phillip James Tallio, is situated against this backdrop.

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