Innocence Projects Day 2009 Outreach!

Total Page:16

File Type:pdf, Size:1020Kb

Innocence Projects Day 2009 Outreach! University of Bristol Innocence Project www.innocencenetwork.org.uk innocence network UK ‘Educating to overturn and prevent the wrongful conviction of innocent people.’ Innocence Projects Day 2009 Outreach! National Pro Bono Week, 9-13 November 2009 University of Bristol Innocence Project www.innocencenetwork.org.uk University of Bristol Innocence Project www.innocencenetwork.org.uk The Innocence Projects Day coincides, annually, with National Pro Bono Week. It invites staff and students from the 20+ member university innocence projects to reach out to their local communities to educate the public about the wrongful conviction and imprisonment of the innocent, which led to the establishment of the Innocence Network UK (INUK) and its member innocence projects: • The Criminal Justice System is a flawed human system! • Police misconduct and shoddy police investigations can occur; prosecutors can fail to disclose vital evidence; forensic science expert witnesses can get it wrong; false allegations can be made; and defence lawyers can give inadequate defence to their clients - causing innocent individuals to fall prey to wrongful convictions and imprisonment! • There are almost 5,000 successful appeals against criminal conviction in England and Wales each year – 20 a day! • The Prison Service and the Parole Board work on the untenable basis that all prisoners were correctly convicted by the courts making no concession at all for the possibility of innocent prisoners! • There are many thousands of prisoners maintaining innocence who may never be released from prisoners as they will not show remorse for crimes that they say they did not commit! • Victims of wrongful convictions and their families suffer psychological and financial damage and forms of social stigma for the rest of their lives! • The Criminal Cases Review Commission was set up in response to the cases of the Guildford Four and the Birmingham Six, but it cannot guarantee that innocent victims of wrongful conviction will have their cases referred back to the Court of Appeal! • Since the establishment of the INUK in 2004, there are currently approximately 500 students in universities in the UK working on over 50 cases of life-sentenced prisoners maintaining innocence! University of Bristol Innocence Project www.innocencenetwork.org.uk www.innocencenetwork.org.uk Can we have confidence in our criminal justice system? The ‘Cardiff Newsagent Three’ spent over 30 years in prison between them after police coerced a vulnerable suspect into making a false confession for a murder they did not commit. (Right) The ‘Cardiff Newsagent Three’: Darren Hall, Michael O’Brien & Ellis Sherwood Reg Dudley & Bob Maynard each served over 20 years of wrongful imprisonment after an informant made a ‘bargain’ with the police to These notorious give false evidence against the miscarriages of justice two in exchange for a reduced prison sentence. only represent the tip of the iceberg. (Left) Reg Dudley who was 77 years old when his murder conviction was quashed by the Court of Appeal in 2002. On average, there are around 5000 successful John Kamara spent 20 years of wrongful appeals against imprisonment for murder criminal convictions in because the police England & Wales each deliberately failed to disclose over 200 witness year – 20 each day! statements which proved his innocence. (Above) John Kamara who was aged 24 when he was convicted and in his . 40s by the time he was released. Andrew Adams spent 15 years in prison following inadequate legal representation by his defence solicitors and counsel; material non- disclosure by the prosecution; and errors in the summing up by the trial judge. (Left) Andrew Adams who was only 22 when he was wrongly convicted and given a life- sentence for murder. Warren Blackwell, father of two young children, spent 3 years and 4 months wrongly imprisoned for sexual assault following a false allegation made by a mentally ill woman with a history of making false accusations against men. (Right) Father of two, Warren Blackwell, who overturned his conviction in 2006 after a seven-year battle to clear his name. www.innocencenetwork.org.uk 1. www.innocencenetwork.org.uk Mothers Sally Clark and Angela Cannings were both given life sentences for murdering their children following flawed expert testimonies given by discredited expert witness, Prof. Sir Roy Meadows. Their Sally Clark who died at the age of Angela Cannings who spent 18 convictions were quashed in 2003 after 42, four years after her murder months in prison and 4 year forced it was revealed that their children have convictions were quashed in separation from her only surviving most likely died of natural causes. 2003. daughter until her convictions were overturned in 2003. Paul Blackburn was only 14 years old The longest serving when he was coerced by the police into signing a false confession for victims of miscarriage attempted murder and subsequently of justice, both Paul spent the next 25 years of his life Blackburn and Robert behind bars until his conviction was quashed in 2005. Brown were imprisoned for more than a decade (Right) Convicted as a teenager and released in his past their sentence 40s, Paul Blackburn could have been freed a decade earlier had he admitted his guilt. tariff due to the ‘parole deal’ which prevented Robert Brown spent 25 years in prison after prisoners maintaining he was physically tortured and abused by the innocence from police into making a false confession for murder. His conviction was quashed in 2002 progressing through after the Court of Appeal heard evidence of the prison system and serious police corruption and abuse. achieving release. (Left) Like Paul Blackburn, Robert Brown would have been eligible for parole a decade earlier but remained in prison as he refused to admit his guilt. It is unlikely that the Guildford Four and the Birmingham Six will overturn their convictions today! The Guildford Four (left) and the Birmingham Six (right) overturned their convictions for the IRA-related bombings in the 1970s and 80s after spending more than 15 years of wrongful imprisonment each. www.innocencenetwork.org.uk 2..
Recommended publications
  • Chapter 2 International Perspectives on Wrongful
    CHAPTER 2 INTERNATIONAL PERSPECTIVES ON WRONGFUL CONVICTION 2.1 Introduction Judicial Error or miscarriage of justice will ―invariably identify at least some element of an earlier conviction as a mistake: whether evidential, procedural or material irregularity‖. - Edmond73 Wrongful conviction, as a major concern, was recognized initially in the United States beginning in the early 1930s. The subject of wrongful conviction caught the public and scholarly attention primarily based on individual cases in the U.S.; including cases like the ―Dreyfus affair in the nineteenth century, the infamous case of the ‗Scottsboro boys‘ in te 1920s, the case of Randall Dale Adams, Sam Sheppard case, the ‗Birmingham Six‘ case and the wrongful conviction of Michael and Lindy Chamberlain for the death of their daughter in Australia‖74 These cases had attracted much public attention due to the injustice suffered by the innocents and their families. Several books, article and research papers focussed on these cases, providing reasons and suggestions for the same. This led to exonerations of most of the cases that came under media limelight, where the jury was compelled to reconsider the facts and decide the case thoughtfully based on correct evidence. Most of the people who got exonerated, were sentenced to death. The exoneration of the wrongfully convicted individuals was, indeed, the major factor for identification of wrongful conviction as an impediment to criminal justice system. Numerous reasons can be attributed to the exonerations of individuals. The progress and development made in the field of forensic science such as the DNA testing of the evidence has contributed immensely to the convictions being overturned.
    [Show full text]
  • A Critical Analysis of Medical Opinion Evidence in Child Homicide Cases
    A critical analysis of medical opinion evidence in child homicide cases Sharmila Betts B.A. (Hons.), University of Sydney, 1985 M. Psychol., University of Sydney, 1987 A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy in the Faculty of Law, The University of New South Wales (Sydney). i ii iii Acknowledgements No way of thinking or doing, however ancient, can be trusted without proof. Henry David Thoreau I am a Clinical Psychologist practicing since 1987. My time at a tertiary level Child Protection Team at The Sydney Children’s Hospital, Randwick, Australia brought to my attention the pivotal role of medical opinion evidence in establishing how children sustained injuries, which were sometimes fatal. This thesis began in a Department of Psychology, but I transferred to a Law Faculty. Though I am not a lawyer, the thesis endeavours to examine medico-legal and psychological aspects of sudden unexplained infant deaths. It sets itself the task of addressing important questions requiring rigorous and critical analysis to ensure accuracy and justice is achieved. I hope my thesis sheds light on this complex issue. Gary Edmond has been a mentor, guide and staunch critic. I am deeply grateful that he trusted a novice to navigate this perplexing field of inquiry. Emma Cunliffe has provided clarity in an area shrouded in uncertainty. Their patience, support and faith have enabled me to crystalise and formulate my fledgling insights into a dissertation. I am indebted to Natalie Tzovaras, Monique Ross, Katie Poidomani, and Janet Willinge for their administrative support. My husband, Grant, posed the question that started my journey - ‘how do doctors know the injuries were deliberately inflicted?’ Through my many doubts and fears, he iv maintained a trust in my ability to address this question and helped me return time and again to the seemingly overwhelming task before me.
    [Show full text]
  • Forensics Under Fire.Pdf
    Prelims.qxd 11/14/07 2:28 PM Page i Forensics under Fire Prelims.qxd 11/14/07 2:28 PM Page ii Prelims.qxd 11/14/07 2:28 PM Page iii ≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈ Forensics under Fire Are Bad Science and Dueling Experts Corrupting Criminal Justice? JIM FISHER ≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈≈ RUTGERS UNIVERSITY PRESS NEW BRUNSWICK, NEW JERSEY, AND LONDON Prelims.qxd 11/14/07 2:28 PM Page iv LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA Fisher, Jim, – Forensics under fire : are bad science and dueling experts corrupting criminal justice? / Jim Fisher. p. cm. Includes bibliographical references and index. ISBN ‒‒‒‒ (hardcover : alk. paper) . Criminal investigation—United States. Crime scene searches—United States. Forensic sciences—United States. Evidence, Criminal—United States I. Title. HV.F .—dc CIP A British Cataloging-in-Publication record for this book is available from the British Library. Copyright © by Jim Fisher All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, or by any information storage and retrieval system, without written permission from the publisher. Please contact Rutgers University Press, Joyce Kilmer Avenue, Piscataway, NJ –. The only exception to this prohibition is “fair use” as defined by U.S. copyright law. Visit our Web site: http://rutgerspress.rutgers.edu Manufactured in the United States of America Prelims.qxd 11/14/07 2:28 PM Page v It is through clues that we form our opinion about the facts of a case. There is only one alternative: to catch the culprit red-handed. —Theodore Reik, The Compulsion to Confess, 1959 Clues are tangible signs which prove—or seem to prove—that no crime can be committed by thought only and that we live in a world regulated by mechanical laws.
    [Show full text]
  • 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.
    [Show full text]
  • Curriculum Vitae
    MICHAEL J. NAUGHTON Law School and School of Sociology, Politics and International Studies (SPAIS) University of Bristol Wills Memorial Building Queens Road Bristol, BS8 1RJ [email protected] CURRENT APPOINTMENT August 2012 – Present: Reader in Sociology and Law, Law School and School of Sociology, Politics and International Studies (SPAIS), University of Bristol. PREVIOUS APPOINTMENTS August 2007 – August 2012: Senior Lecturer, University of Bristol Law School and School of Sociology, Politics and International Studies (SPAIS), University of Bristol. June 2004–August 2007: Lecturer, School of Law and Department of Sociology, University of Bristol. June 2003–May 2004: ESRC Postdoctoral Research Fellow, Department of Sociology, University of Bristol. October 2001–June 2003: Graduate Teaching Assistant, Department of Sociology, University of Bristol. PROFESSIONAL ACTIVITY Since September 2019: Founder and Director of Empowering the innocent (ETI), a research and education organisation that engages widely on the causes of wrongful convictions and the barriers to them being overturned, with the overall aim of transforming the criminal justice system so innocent victims can overturn their wrongful convictions. September 2004 – July 2015: Founder and Director, Innocence Network UK (INUK), an affiliation of member innocence projects in the UK. January 2005 – July 2015: Founder and Director, University of Bristol Innocence Project (UoBIP), the first innocence project in the UK dedicated to providing pro bono investigative services to alleged innocent victims of wrongful convictions. August 2014 – August 2015: Board Member, Innocence Network, an affiliation of organisations around the World dedicated to providing pro bono investigative services to individuals seeking to prove that they are innocent of criminal convictions.
    [Show full text]
  • 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 INTERNATIONAL REVIEWS DURING THE PAST CENTURY 406 A. American Prison Congress Review (1912) 406 2006 CanLIIDocs 132 B. U.S. State Department Document (1912) 407 C. Borchard Study (1932) 408 D. Franks' Study (1957) 410 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 Bruce A. MacFarlane, Q.C., of the Manitoba and Alberta Bars, Special Counsel to the Attorney Gen- eral on Organized Crime. This essay is based on an earlier paper presented at the Heads of Prosecution Agencies in the Commonwealth Conference 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 Belfast, Northern Ireland and Dublin, Ireland during the week of 4 Sep- tember 2005. Following these presentations, counsel from England, Australia, New Zealand, Ireland, Northern Ireland, Scotland, Hong Kong and the United States, as well as Canadian provinces, pro- vided 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. In the result, of course, I alone am responsible for the views expressed in this essay.
    [Show full text]
  • An Examination of the Role That Child Protection Professionals Play in An
    An Examination of the Role that Child Protection Professionals Play in an Identified Range of High Profile Cases in Britain: Some Criminal Justice and Historical Perspectives Kwan Choi Contents Ⅰ. Introduction Ⅱ. Literature Review: Historical Perspective Ⅲ. Child Abuse Tragedies Ⅳ. Miscarriages of Criminal Justice Ⅴ. Discussion Ⅵ. Conclusion Ⅰ. Introduction Child abuse is a dominant social issue guaranteed to capture the headlines whenever there is an occurrence of it. Much of this reportage is sensational in style and superficial in content and has brought the problem into the open. A more disturbing factor of this has been the attendant public and media attacks on professionals, particularly individual social workers and the social work professional. This has resulted in a serious drop in morale and a crisis of confidence in child care practice. The attacks are sometimes vociferous and abusive and with that in mid it feel 346 영미연구 제25집 necessary that as a trainee of the social work profession, the reasons behind this should be examined. The idea for this paper emerged out of an apparent atmosphere of blame and criticism surrounding public inquiries set up to investigate the deaths of children at surrounding public inquiries set up to investigate the deaths of children at the hands of their parents or carers. Latterly there has also been a plethora of cases involving false allegations of abuse, some of which have led to public trials and miscarriages of justice. Subsequently the last few decades has seen the British public bombarded with page after page of child protection disasters and this paper tries to make sense of the events which culminated in a selection of these notorious child deaths and tries to understand more about the behaviour of the families and professionals involved.
    [Show full text]
  • Northumbria Research Link
    Northumbria Research Link Citation: Dargue, Paul (2016) The Impartiality of the England and Wales Court of Appeal (Criminal Division): A Quantitative Analysis. Doctoral thesis, Northumbria University. This version was downloaded from Northumbria Research Link: http://nrl.northumbria.ac.uk/id/eprint/33939/ Northumbria University has developed Northumbria Research Link (NRL) to enable users to access the University’s research output. Copyright © and moral rights for items on NRL are retained by the individual author(s) and/or other copyright owners. Single copies of full items can be reproduced, displayed or performed, and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided the authors, title and full bibliographic details are given, as well as a hyperlink and/or URL to the original metadata page. The content must not be changed in any way. Full items must not be sold commercially in any format or medium without formal permission of the copyright holder. The full policy is available online: http://nrl.northumbria.ac.uk/policies.html The Impartiality of the England and Wales Court of Appeal (Criminal Division): A Quantitative Analysis P Dargue PhD 2016 1 The Impartiality of the England and Wales Court of Appeal (Criminal Division): A Quantitative Analysis Paul Dargue A thesis submitted in partial fulfilment of the requirements of the University of Northumbria at Newcastle for the degree of Doctor of Philosophy October 2016 2 Abstract This thesis analyses the development, methodology, and results of a quantitative study of the decision-making of the England and Wales Court of Appeal (Criminal Division).
    [Show full text]
  • INUK Innocence Project First Steps
    Setting up an Innocence Project – First Steps The following outlines the ‘first steps’ in setting up a member innocence project and the things that students can do to put the foundations of their innocence projects in place in readiness for undertaking live client casework. Part One: Getting the foundations in place Basic Knowledge Ensure that the basic information about INUK is understood by student caseworkers. For instance, they need to know the details of the INUK caseworking protocols, the INUK Student Handbook and, crucially, the Client Care Letter (all available in the INUK Innocence Projects’ Starter Pack) so that they know the basics about what the INUK is, what an innocence project is and the operational practices for member innocence projects. All student caseworkers need to be familiar with the workings of the CCRC (or the SCCRC for member innocence projects in Scotland). A good starting point is the CCRC/SCCRC website, which links to the key statutes that govern its operations. Students may also want to read the critical analyses on the limitations of the CCRC contained in: Naughton, M. (2009) (Editor) The Criminal Cases Review Commission: Hope for the Innocent?, Basingstoke: Palgrave Macmillan. This book is the product of the Inaugural Innocence Network UK (INUK) Symposium that was held on the 10th Anniversary of the establishment of the Criminal Cases Review Commission (CCRC), 31 March 2007, University of Bristol. It brings together critical perspectives on the operations of the CCRC from victim-support workers, practitioners and academics from the UK, the United States and Canada in terms of its limitations to deal with claims of innocence.
    [Show full text]
  • 2. Burnside JLAS XXII Page Proof
    2 SEMIOTICS, MISCARRIAGES OF JUSTICE AND THE TRIALS OF JESUS by JONATHAN BURNSIDE AND MICHAEL NAUGHTON∗ 1. Introduction Bernard Jackson’s oeuvre encompasses and successfully integrates a formidable array of subjects including biblical law, criminal law, criminal justice, legal semiotics and New Testament studies. In numerous ways and at different levels he established new and fruitful connections, opening up new avenues of discovery for future scholars. It is therefore fitting, in this Festschrift, to draw upon these same areas in reconsidering a controversial topic upon which Jackson has written extensively in the past, that is, the trials of Jesus.1 Given the number of different disciplines represented by this subject, it will not be possible to interact with the vast body of thought and literature relating both to miscarriages of justice and the trials of Jesus, nor to open up for examination every aspect and dimension of these debates that might be thought relevant. Instead, and in the spirit of a Festschrift, this chapter is both celebratory and exploratory in style. It aims to pay homage to Jackson’s interdisciplinary achievements by seeking to integrate different approaches, whilst at the same time pushing the boundaries of our perceptions of biblical texts. Consequently, this chapter takes the form of a ‘thought piece’ which locates the subject of the trials of Jesus within the context of modern literature regarding ∗ Dr. Jonathan Burnside is Reader in Biblical Law. Dr. Michael Naughton is Senior Lecturer in Law and Senior Lecturer in Sociology, and is the Founder and Director of the Innocence Network UK (INUK), the umbrella organisation for member innocence project in UK universities (http://www.innocencenetwork.org.uk).
    [Show full text]
  • Medical Mistakes and Miscarriages of Justice: Perspectives on the Experiences in England and Wales
    Medical mistakes and miscarriages of justice: Perspectives on the experiences in England and Wales * Kathryn Campbell and Clive Walker A Introduction Errors made by pathologists reporting in criminal cases on sudden deaths of infants have resulted in serial miscarriages of justice in the United Kingdom. These types of mistakes are exceptionally grievous for bereaved families, for the credibility of experts, and for the standing of the justice system itself. Conclusions presented by experts at trial are often cloaked in dense scientific language which serves to imply that such results and testimony are factually unassailable, but in reality, these conclusions have been found to be interpretations affected by subjective inferences and shoddy case construction. Despite the high costs of such errors, the problem of miscarriages of justice has persisted, for various reasons. Contemporary developments in sciences, particularly forensic sciences, have resulted in an increase in appearances by experts before the courts and a growing pressure to seek out forensic evidence. In some cases, experts have become not only notable figures in their profession, but also renowned witnesses, appearing in one case after another, with their evidence becoming more irrefutable as time passes. The focus of this paper is an examination of the designation and work of medical experts, how they relate to courts in England and Wales, and the impact of their testimony on convictions. This survey will include an overview of how these types of experts are so designated by various regulatory bodies and how the limits of their expertise are determined. It is necessary to consider how both prosecution and defence * Kathryn M.
    [Show full text]
  • Undue Deference to Experts Syndrome?
    UNDUE DEFERENCE TO EXPERTS SYNDROME? Elaine E. Sutherland' INTRODUCTION Expert witnesses are a recognized part of the legal landscape and, indeed, providing expert evidence to courts has become something of a growth industry.2 Expert witnesses often make valuable contributions. Engineers give evidence of the unique nature of particular designs in patent cases. Accountants explain how the books might be kept in a business context. Forensic scientists speak to the methodology and probability of matching physical evidence, such as blood or hair samples found at a crime scene, to the accused. Expert witnesses play no less of a role in family-related cases. Psychiatrists explain what might drive one adult partner to kill the other when the killer has been the victim of domestic abuse at the hands of the deceased. Psychologists offer expertise in terms of what is likely to have positive or negative effects on a particular child in the context of custody disputes. Actuaries help the court to understand the value of various assets, like pensions, and how these valuations may be arrived at, in property disputes. Expert witnesses feature particularly prominently when "syndromes ' 3 come before the 1. LL.B., LL.M., Professor of Child and Family Law, School of Law, University of Stirling, Scotland, and Professor of Law, Lewis and Clark Law School, Portland, Oregon. I am indebted to Professor Emeritus J. Kenyon Mason, himself an expert witness of considerable standing, who gave so generously of his time to comment on an earlier draft of this article. In addition, my thanks go to Professor Fraser Davidson (in Scotland) and Associate Professor Joseph S.
    [Show full text]