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Innocence Compensation: A Comparative Look at the American and Canadian Approaches

Criminal Law Bulletin, Vol. 49, No. 2, p. 218, 2013

18 Pages Posted: 7 Apr 2013 Last revised: 27 May 2016

Dr. Myles Frederick McLellan

Algoma University; Anglia Ruskin University

Date Written: April 5, 2013

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.

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. innocence

Suggested Citation

McLellan, Dr. Myles Frederick, Innocence Compensation: A Comparative Look at the American and Canadian Approaches (April 5, 2013). Criminal Law Bulletin, Vol. 49, No. 2, p. 218, 2013. Available at SSRN: https://ssrn.com/abstract=2245845

Myles Frederick McLellan (Contact Author)

Algoma University ( email )

1520 Queen Street East
Sault Ste. Marie, Ontario P6A 2G4
Canada

Anglia Ruskin University ( email )

Bishop Lane Hall
Chelmsford
United Kingdom

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