Innocence Compensation: A Comparative Look at the American and Canadian Approaches
Myles Frederick McLellan
April 5, 2013
Criminal Law Bulletin, Vol. 49, No. 2, p. 218, 2013
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.
Number of Pages in PDF File: 18
Keywords: innocence, compensation, innocence compensation, wrongful convictions, miscarriages of justice, human rights, negligent investigation, malicious prosecution, charter damages, FPT Guidelines, ex grata payment, moral obligation bill,constitutional damages, compensation legislation, U.S. innocenceAccepted Paper Series
Date posted: April 7, 2013 ; Last revised: April 15, 2013
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