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Wrongful Conviction In The Criminal Justice System

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Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people …show more content…
Miscarriages of justice are routine, even mundane features of the criminal justice system” (Goldhill, 2014, p.1). The understanding that the criminal justice system was able to prevent innocents from being found guilty has now given way to the idea that it is possible for this system to find guilty those same innocents. This has lead to courts, government and scholars, working in the criminal justice arena to research and implement strategies to prevent wrongful convictions (Weathered, 2013). As such, this paper will explore the topic of wrongful convictions in Canada, the United Kingdom, and the United States by analyzing elements of each criminal justice system. Moreover, this paper will examine the similarities and differences between the approaches to dealing with wrongful convictions in the above mentioned countries and will argue that the United Kingdom has the better …show more content…
The government has responded to wrongful convictions by creating a legislative process whereby anyone claiming they have been wrongfully convicted can apply to the Federal Minister of Justice. If the Minister of Justice concludes that the case likely represents a miscarriage of justice, he or she may direct a new trial or refer the matter to the court of appeal in the province where the conviction was registered (Weathered, 2013). This process is known as the conviction review process and it allows for some sort of response to individuals who believe they are victims of miscarriages of justice. Since enacted in sections 696.1 to 696.6 of the Canadian Criminal Code, the conviction review process enables the Minister of Justice to use his or her discretion to respond to persons who believe they have been wrongfully convicted (Bindman & Nethery,

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