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The Right to Compensation for Wrongful Conviction

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0015
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

When it comes to the accused's right to compensation for wrongful conviction in criminal proceedings, the European Convention on Human Rights (ECHR) puts the words ‘or he has been pardoned’ between ... More


China’s Death Penalty Practice: Working Progress, Struggle, and Challenges Within the Global Abolition Movement

Bin Liang

in The Death Penalty In China: Policy, Practice, and Reform

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231170079
eISBN:
9780231540810
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170079.003.0001
Subject:
Law, Criminal Law and Criminology

This introduction chapter outlines working progress of China’s death penalty over the decades and discusses its struggle and challenges within the global abolition movement.


Empirical Studies on Wrongful Convictions

Jiahong He

in Back from the Dead: Wrongful Convictions and Criminal Justice in China

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824856618
eISBN:
9780824868703
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824856618.003.0001
Subject:
Society and Culture, Asian Studies

Based on the case of Shi Dongyu, the author reports on the empirical studies of wrongful convictions in modern China. From August 2006 to March 2007 the author lead a team of researchers to ... More


Limitations of the Original Opinion

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.004
Subject:
Psychology, Forensic Psychology

This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For ... More


Conclusion

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0018
Subject:
Law, Public International Law, Criminal Law and Criminology

This concluding chapter ends the book by summarizing the lessons of the previous chapters and asking whether the trials were successful. It covers issues such as retributive justice, documentary ... More


Problematizing miscarriage of justice

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0002
Subject:
Law, Criminal Law and Criminology

A miscarriage of justice can be defined in many different ways and in nearly whatever way one wishes. At its widest, and most tautological, a miscarriage of justice is simply a failure to achieve ... More


Justice and Injustice *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0019
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

When the Birmingham Six case was quashed, a Royal Commission was established with the object, among others, of seeking to ensure that ... More


Back from the Dead: Wrongful Convictions and Criminal Justice in China

He Jiahong

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824856618
eISBN:
9780824868703
Item type:
book
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824856618.001.0001
Subject:
Society and Culture, Asian Studies

Through highlighting and telling the story of some real cases of wrongful conviction, this book introduces the present situation in the Chinese criminal justice system, and makes deep analysis of its ... More


Introduction

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0001
Subject:
Law, Criminal Law and Criminology

This book examines how the institutional “prosecution complex” contributes to wrongful convictions for innocent defendants. The book is divided into three parts that correspond to the key phases of a ... More


Charging Ahead

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines a variety of prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about charging crimes. It begins by explaining ... More


The Criminal Justice System and the Death Penalty

Hong Lu, Yudu Li, and Charlotte Hu

in The Death Penalty In China: Policy, Practice, and Reform

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231170079
eISBN:
9780231540810
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170079.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter provides an overview of the substantive and procedural laws regarding China’s death penalty, and examines a recent death penalty case to illustrate how death penalty laws are translated ... More


1 Charging Ahead

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines a variety of prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about charging crimes. It begins by ... More


Introduction

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0001
Subject:
Law, Criminal Law and Criminology

This book examines how the institutional “prosecution complex” contributes to wrongful convictions for innocent defendants. The book is divided into three parts that correspond to the key phases of ... More


Plea Bargaining Pitfalls

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter considers prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about plea bargaining. Plea agreements are based on a ... More


Closing the Door on Innocence: Improper Summations by Prosecutors

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the impact of improper summations by prosecutors on innocent defendants. Prosecutors enjoy wide latitude to comment on the evidence during summation because they bear the burden ... More


The English Criminal Trial: The Credits and the Debits *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0018
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

It is of great public importance that those who have committed crimes, other than the most trivial, should be apprehended, tried, and ... More


3 Plea Bargaining Pitfalls

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter considers prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about plea bargaining. Plea agreements are based on a ... More


6 Closing the Door on Innocence: Improper Summations by Prosecutors

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the impact of improper summations by prosecutors on innocent defendants. Prosecutors enjoy wide latitude to comment on the evidence during summation because they bear the ... More


Procedural Justice, Collateral Consequences, and the Adjudication of Misdemeanors in the United States

John D. King

in The Prosecutor in Transnational Perspective

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.003.0003
Subject:
Law, Comparative Law

This chapter addresses some of the issues surrounding the prosecution and adjudication of low-level offenses in the United States, looking specifically at the changed context within which such ... More


‘In Denial’: The Hazards of Maintaining Innocence after Conviction

Daniel S. Medwed

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0015
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

Innocent people convicted of child abuse or sexual offences face a ‘catch-22’ situation that affects their prospects for parole and for exoneration in court. If they maintain their innocence, then ... More


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