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UNIVERSITY of CINCINNATI LAW REVIEW Volume 80 Summer 2012 No UNIVERSITY OF CINCINNATI LAW REVIEW Volume 80 Summer 2012 No. 4 TABLE OF CONTENTS SYMPOSIUM: AN INTERNATIONAL EXPLORATION OF WRONGFUL CONVICTION INTRODUCTION ......................................................... Mark Godsey 1067 WRONGFUL CONVICTIONS AND INQUISITORIAL PROCESS: THE CASE OF THE NETHERLANDS ............................................. Chrisje Brants 1069 REDINOCENTE: THE CHALLENGE OF BRINGING INNOCENCE WORK TO LATIN AMERICA ....................................................... Justin Brooks 1115 NIGERIAN ISSUES IN WRONGFUL CONVICTIONS .....................................................Daniel Ehighalua 1131 WRONGFUL CONVICTIONS IN SWITZERLAND: A PROBLEM OF SUMMARY PROCEEDINGS ................................. Gwladys Gilliéron 1145 IMPRISONED BEFORE BEING FOUND GUILTY: REMAND DETAINEES IN SOUTH AFRICA ............................ Jeremy Gordin & Ingrid Cloete 1167 WRONGFUL CONVICTIONS IN POLAND ......................................... Adam Górski & Maria Ejchart 1179 CHINESE WRONGFUL CONVICTIONS: DISCOVERY AND RECTIFICATION .............................................. Huang Shiyuan 1195 CHINESE WRONGFUL CONVICTIONS: CAUSES AND PREVENTION .................................................. Huang Shiyuan 1219 WRONGFUL CONVICTIONS AND RECENT CRIMINAL JUSTICE REFORM IN JAPAN ............................................ Kazuko Ito 1245 EMPIRICAL STUDIES OF WRONGFUL CONVICTIONS IN MAINLAND CHINA ..................................... HE Jiahong & HE Ran 1277 THE IRISH INNOCENCE PROJECT ...................... David Langwallner 1293 BUILDING INSTITUTIONS TO ADDRESS MISCARRIAGES OF JUSTICE IN ENGLAND AND WALES: ‘MISSION ACCOMPLISHED?’ ........... Carole McCartney & Stephanie Roberts 1333 CRIMINAL PROCEDURE REFORM: A NEW FORM OF CRIMINAL JUSTICE FOR CHILE ....................... Claudio Pavlic Véliz 1363 PREVENTION OF WRONGFUL CONVICTIONS: NORWEGIAN LEGAL SAFEGUARDS AND THE CRIMINAL CASES REVIEW COMMISSION .......... Ulf Stridbeck & Dr. Philos Svein Magnussen 1373 WRONGFUL CONVICTION IN AUSTRALIA ............ Lynne Weathered 1391 THE CRIMINAL CASES REVIEW COMMISSION (CCRC) OF ENGLAND, WALES, AND NORTHERN IRELAND ........... John Weeden 1415 DEVELOPING A PEOPLE-CENTERED JUSTICE IN SINGAPORE: IN SUPPORT OF PRO BONO AND INNOCENCE WORK ............................................... Cheah Wui Ling 1429 WRONGFUL CONVICTIONS IN CANADA ........................ Kent Roach 1465 The University of Cincinnati Law Review (USPS 651-020) (ISSN 0009-6881) is published quarterly by the Law Review, University of Cincinnati College of Law, Room 300, Taft Hall, Cincinnati, OH 45221-0040. Periodicals postage paid at Cincinnati, Ohio, and at additional mailing offices. Printed by Western Newspaper Publishing Co., Inc., Indianapolis, IN. Subscription beginning Volume 74: $35.00 per volume, payable in advance; Agent-Domestic, $32.50 per volume; Foreign, $40.00 per volume; Agent-Foreign, $37.00 per volume, Single Issue-Domestic, $11.00; Single Issue-Foreign, $16.00. All prices include postage and handling. Subscriptions are automatically renewed unless a request for discontinuance is received 30 days prior to mailing. We cannot replace missing issues free of charge unless notice of nondelivery is made within six (6) months of date of publication. POSTMASTER: Send address changes to University of Cincinnati Law Review, University of Cincinnati College of Law, Room 300, Taft Hall, Cincinnati, OH 45221-0040. Copyright © 2012 by the University of Cincinnati UNIVERSITY OF CINCINNATI LAW REVIEW Volume 80 Summer 2012 No. 4 EDITORIAL BOARD Editor-in-Chief Executive Editor Publications Editor JEFFREY W. DEBEER SARAH TOPY ROBERT E. BLANTON, JR. Managing Editor Notes & Comments Chair MATTHEW WAGNER ANDREW CLEVES Articles Editors GREGORY DARLEY-EMERSON ZACHARY EL-SAWAF ALLISON KENDALL RYAN J. MCGRAW ANGELA NEYER Citations Editors LAUREN CREDITT MAI DIANE KENDALL ANTHONY SMART Notes & Comments Editors JENNIFER MILLER JASON PERSINGER MICHAEL RICHARDSON MARLI SCHIPPERS JOSHUA STEVENS JASON SNYDER Business Manager JESSICA MONROE Contributing Members CHRISTOPHER BARNDS JONATHAN DELONG ASSOCIATE MEMBERS KATHERINE BARRETT MAXIM BRUMBACH BOBBI DILLON B. NATHANIEL GARRETT AMY GROVER CRAIG HAVENS BRYAN HOLBROOK SUSAN HOLTSCLAW AMBERLE HOUGHTON MICHELLE JAMES SOPHIA JANNACE KRISTA JOHNSON RICK JOHNSON ROBERT KAPPERS GREGORY KENDALL JAVAN LAPP KACEY MARR KATHLEEN MEYER ALLISON PETERSON NICKLAUS PRESLEY KATHERINE RASFELD ANTHONY ROBERTSON ZACHARY SCHAENGOLD CHARLES SHIH LAUREN STALEY ADRIAN SWINDELLS KEVIN TAMM JORDAN TEMPLE MEGAN WESTENBERG THOMAS XANDERS FACULTY ADVISOR PROFESSOR MICHAEL SOLIMINE UNIVERSITY OF CINCINNATI COLLEGE OF LAW 2011-2012 Administrative Officers GREGORY H. WILLIAMS, B.S., M.A., J.D., Ph.D., President of the University LOUIS D. BILIONIS, A.B., J.D., Dean and Nippert Professor of Law NANCY OLIVER, B.S.B.A., J.D., Associate Dean for Curriculum and Student Affairs, Professor of Practice EMILY MING-SUE HOUH, B.A., J.D., Associate Dean of Faculty, Gustavus Henry Wald Professor of Law and Contracts MINA JONES JEFFERSON, B.A., J.D., Assistant Dean, Director of the Center for Professional Development JAMES J. SCHOENFELD, B.A., M.B.A., Assistant Dean ALFRED P. WATSON, B.A., M.A., Assistant Dean for Admissions and Financial Aid KENNETH J. HIRSH, A.B., M.S., J.D., Director of the Law Library and Information Technology, Clinical Professor of Law Emeriti GORDON A. CHRISTENSON, B.S.L., J.D., S.J.D., Dean Emeritus ROBERT J. MARTINEAU, B.S., J.D. JOHN J. MURPHY, B.A., J.D., LL.M. WILLIAM J. RANDS, B.A., J.D. BARBARA G. WATTS, B.A., M.Ed., J.D., Associate Dean Emerita SAMUEL S. WILSON, B.A., J.D., Dean Emeritus Professors of Law BARBARA BLACK, B.A., J.D., Charles Hartsock Professor of Law, Director, Corporate Law Center A. CHRISTOPHER BRYANT, B.A., J.D. PAUL L. CARON, A.B., J.D., LL.M., Charles Hartsock Professor of Law JACOB KATZ COGAN, B.A., M.A., J.D., Ph.D. THOMAS D. EISELE, B.A., J.D., Ph.D. MARK A. GODSEY, B.S., J.D., Director, Lois and Richard Rosenthal Institute for Justice/Ohio Innocence Project ANN HUBBARD, B.A., J.D. KRISTIN KALSEM, B.A., J.D., Ph.D. CHRISTO LASSITER, B.A., M.A., J.D. BERT B. LOCKWOOD, JR., B.A., J.D., LL.M., Distinguished Service Professor of Law, Director, Urban Morgan Institute for Human Rights S. ELIZABETH MALLOY, B.A., J.D., Andrew Katsanis Professor of Law BRADFORD C. MANK, A.B., J.D., James B. Helmer, Jr. Professor of Law RONNA GREFF SCHNEIDER, B.A., J.D. MICHAEL E. SOLIMINE, B.A., J.D., Donald P. Klekamp Professor of Law JOSEPH P. TOMAIN, B.A., J.D., Dean Emeritus, Wilbert and Helen Ziegler Professor of Law VERNA L. WILLIAMS, B.S., J.D. Associate Professors of Law TIMOTHY K. ARMSTRONG, B.A., M.P.Aff., J.D., LL.M. LIN (LYNN) BAI, B.A., LL.M., J.D., Ph.D. DARRELL A. H. MILLER, B.A., M.A., J.D. STEPHANIE HUNTER MCMAHON, B.A., J.D., M.A., A.B.D., Ph.D. SANDRA F. SPERINO, B.A., M.S., J.D. Professors of Clinical Law MARJORIE CORMAN AARON, B.A., J.D., Director, Center for Practice MARIANNA BROWN BETTMAN, B.A., J.D. Assistant Professor of Clinical Law LEWIS GOLDFARB, Director, Entrepreneurship and Community Development Clinic Professor of Practice RACHEL JAY SMITH, B.A., M.S., J.D. Associate Professor of Practice MICHELE BRADLEY, B.S., M.B.A., J.D. Assistant Professor of Practice ELIZABETH LENHART, B.A., M.A., A.B.D., J.D. SEAN K. MANGAN, B.A., J.D. Visiting Professors of Law LYNN A. STOUT, B.A., M.P.A., J.D., Stanley M. Chesley Distinguished Visiting Professor of Law Visiting Assistant Professors of Law FELIX B. CHANG, B.A., J.D. JANET MOORE, B.A., M.A., M.A., J.D. Visiting Assistant Professor of Clinical Law KENYATTA MICKLES, B.A., J.D. Academic Director DOUGLAS MOSSMAN, B.A., M.D., Director, Glenn M. Weaver Institute of Law and Psychiatry Adjunct Professors of Law EDWIN R. ACHESON, JR., B.S., J.D. CLAYTON L. KUHNELL, B.S., J.D. THOMAS ALLMAN, B.S., J.D. SUZANNE P. LAND, B.A., J.D. ROBERT A. AMICONE, B.A., J.D. KATHERINE M. LASHER, B.A., J.D. DANIELLE C. ANDERSON, B.A., J.D. JAMES K.L. LAWRENCE, A.B., J.D. HAL R. ARENSTEIN, B.A., J.D. JAMES D. LILES, B.S., J.D., LL.M. CHARLES G. ATKINS, B.A., J.D. BEVERLY A. LYMAN, B.S., M.S. Ph.D., J.D. ROBERT A BEHLEN, JR., B.A. M.P.A., J.D. BETH A. MANDEL, B.A., J.D. PIERRE H. BERGERON, B.A., J.D. MICHAEL J. MOEDDEL, B.A., J.D. SUSAN M. BOLAND, B.A., J.D. JULIE MUETHING, B.A., J.D. DOREEN CANTON, B.A., M.S., M.A., J.D. CHANDRA NAPORA, B.A., J.D. JOEL CHANVISANURUK, B.A., M.P.A., J.D. SCOTT R. NAZZARINE, B.A., J.D. MICHAEL L. CIOFFI, B.A., J.D. PAMELA NEWPORT, B.A., M.A., J.D. RAVERT JAY CLARK, B.A., J.D. ROBERT W. OLSON, B.A., J.D. ERIC K. COMBS, B.A., J.D. MARK L. OPITZ, B.S., J.D. JOSEPH E. CONLEY, JR., B.A., J.D., LL.M. JAMES T. O’REILLY, B.A., J.D. JOHN J. CRUZE, B.A., J.D. KEN K. PATEL, B.S., J.D. DANIEL J. DONNELLON, B.A., J.D. COLTER PAULSON, B.S., J.D. HON. PATRICK F. FISCHER, A.B., J.D. ERIC M. ROBBINS, B.S., J.D. ANNE BARRY FLOTTMAN, B.A., M.A., J.D. C. SUE ROSS, B.S., J.D., M.D. KEVIN R. FLYNN, B.A., J.D. WILLIAM F. RUSSO, B.A., J.D. SOLOMON M. FULERO, B.A., M.A., J.D., Ph.D. SUSAN D. SCHAEN, B.A., J.D. WILLIAM R. GALLAGHER, B.B.A., J.D. DAVID A SINGLETON, A.B., J.D. PAMELA KING GINSBURG, B.A., J.D. H. LOUIS SIRKIN, B.A., J.D. STEVEN J. GOLDSTEIN, S.B., J.D. RANDY T. SLOVIN, B.A., J.D. LISA GORRASI, B.A., J.D. J. STEPHEN SMITH, B.A., M.A., J.D. JOHN C. GREINER, B.A., J.D. SHEILA M. SMITH, B.S., J.D. PATRICK J. HANLEY, B.S., J.D. THOMAS L. STACHLER, B.S., J.D. JOSEPH D. HEYD, B.A., J.D. JOSEPH STEGBAUER, B.A., J.D. HON. JEFFREY P. HOPKINS, A.B., J.D. EDWARD E.
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