List_of_miscarriage_of_justice_cases

List of miscarriage of justice cases

List of miscarriage of justice cases

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This is a list of miscarriage of justice cases. This list includes cases where a convicted individual was later cleared of the crime and either has received an official exoneration, or a consensus exists that the individual was unjustly punished or where a conviction has been quashed and no retrial has taken place, so that the accused is legally assumed innocent. This list is not exhaustive. Crime descriptions with an asterisk indicate that the events were later determined not to be criminal acts.

List of cases

Argentina

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Armenia

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Australia

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Brazil

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Canada

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China

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Finland

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France

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Germany

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Greece

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Iceland

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Iran

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Ireland

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Israel

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Italy

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Japan

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Mexico

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Netherlands

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New Zealand

In the last ten years (as at 2023), nearly 900 New Zealanders have had their convictions overturned. The following cases are the only ones where the Government has paid compensation for a wrongful conviction,[101] except for Peter Ellis who died before the Supreme Court in New Zealand overturned his convictions.

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Nicaragua

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Norway

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Poland

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Romania

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South Africa

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South Korea

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Spain

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Sweden

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Switzerland

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Taiwan

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Uganda

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United Kingdom

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United States

Due to the high number of notable wrongful conviction cases compiled for the United States, the list can be viewed via the main article.

Vietnam

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See also


References

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Notes

  1. Copin was not one of the 71 convicted, having never been formally charged.
  2. Although she was released on appeal, the judges said that there was ample evidence to support the conviction and the technicality that had led to her successful appeal was something that a "few words could have cured".
  3. Although Campbell's murder conviction was quashed 11 years later, he then pled guilty and was convicted on the alternative charge of manslaughter at his retrial, and the time he had already served was then taken into account in his sentence. Therefore, he did not spend any time in prison wrongfully.
  4. Although his murder conviction was quashed, he then pleaded guilty and was convicted of an alternative charge of manslaughter at a 1999 retrial. After his conviction in 2013 for the 1981 murder of Claire Woolterton, the trial judge said that his conviction for the Sainsbury killing should never have been downgraded to manslaughter, saying at his sentencing: "Had it been known in 1999 that you were responsible as well for the killing of Claire Woolterton, the prosecution would never have accepted your plea of diminished responsibility in relation to the killing of Deirdre Sainsbury. It is also unlikely that Dr Fenwick and Professor Fenton would have been able to support such a defence, given the content of Dr Fenwick’s report dated 5th November 2013 in which he said that if you were found to have killed Claire Woolterton "the fact that he had committed two similar crimes would significantly weaken the possibility that the factors that we determined about his epilepsy at Broadmoor Hospital could have played the central role that was suggested in the case of the Deirdre Sainsbury killing. If it is found that he was present and did carry out the earlier killing then this must raise questions about the significance of epilepsy in the second killing".[160]
  5. Although they were released by the Court of Appeal, the presiding judges said that they were not declaring them innocent, saying: "The case against all three appellants was formidable. The evidence against Rowe was overwhelming... For the better understanding of those who have listened to this judgment and of those who may report it hereafter this is not a finding of innocence, far from it."
  6. Jenkins was never found not guilty or acquitted by the Court of Appeal, but after juries failed to reach a verdict in two retrials and the Crown Prosecution Service declined to press for a further retrial, Jenkins was declared formally acquitted in consequence
  7. Even though the defence said that the likelihood was that "one or other" of the women killed the man, the Court of Appeal ordered their release as they had been convicted under joint enterprise, and there was insufficient evidence that both had committed the murder

Further reading

  • Jed S. Rakoff, "Jailed by Bad Science", The New York Review of Books, vol. LXVI, no. 20 (December 19, 2019), pp. 79–80, 85. According to Judge Rakoff (p. 85), "forensic techniques that in their origin were simply viewed as aids to police investigations have taken on an importance in the criminal justice system that they frequently cannot support. Their results are portrayed... as possessing a degree of validity and reliability that they simply do not have." Rakoff commends (p. 85) the U.S. National Academy of Sciences recommendation to "creat[e] an independent National Institute of Forensic Science to do the basic testing and promulgate the basic standards that would make forensic science much more genuinely scientific".

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