Convicting the Innocent: a Triple Failure of the Justice System
Convicting the Innocent: A Triple Failure of the Justice System BRUCE MACFARLANE* TABLE OF CONTENTS I. DEFINING THE ISSUE 405 II. INTERNATIONAL REVIEWS DURING THE PAST CENTURY 406 A. American Prison Congress Review (1912) 406 B. U.S. State Department Document (1912) 407 C. Borchard Study (1932) 408 D. Franks’ Study (1957) 409 E. Du Cann Study (1960) 411 F. Radin Study (1964) 412 G. Brandon and Davies Study (1973) 413 H. Royal Commissions in Australia and New Zealand During the 1980s 413 I. IRA Bombings in Britain (1980s) 417 1. Guildford Four 417 2. Birmingham Six 418 3. Maguire Seven 419 4. Judith Ward 419 * Bruce A. MacFarlane, Q.C., of the Manitoba and Alberta Bars, Professional Affiliate, Faculty of Law, University of Manitoba, formerly Deputy Attorney General of Manitoba (1993-2005). This essay is based on an earlier paper presented at the Heads of Prosecution Agencies in the Commonwealth Con- ference at Darwin, Australia on 7 May 2003, the Heads of Legal Aid Plans in Canada on 25 August 2003 and, once again, at the Heads of Prosecution Agencies in the Commonwealth Conference at Bel- fast, Northern Ireland and Dublin, Ireland during the week of 4 September 2005. Following these pres- entations, counsel from England, Australia, New Zealand, Ireland, Northern Ireland, Scotland, Hong Kong and the United States, as well as Canadian provinces, provided me with a number of helpful comments. I have benefited greatly from this advice. I also wish to express my appreciation to Julia Gurr, for her assistance in updating the paper during the summer of 2005.
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