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Could We Build Justice Safety Centers?
(2020) 1:2 INNOCENCE AND PREVENTION: SAFETY CENTERS 253 Innocence and Prevention: Could We Build Justice Safety Centers? James Doyle Of Counsel: Bassil & Budreau, LLP Boston, Massachusetts U.S.A. Some contemporary writers argue that wrongful convictions represent system failures in a complex criminal justice system. Currently explorations are underway into whether pursuit of non-blaming, all-stakeholders, forward-looking “sentinel event” reviews focused on lowering risk rather than laying blame can improve safety from wrongful convictions. This article reviews the underlying theory of safety-based practices and sketches one model of how work on preventing wrongful convictions might be institutionalized: made a part of a new culture of continuous improvement that lowers the risk of future wrongful convictions and offers a degree of restorative justice to the victims of errors. I. Using Safety’s Wider Lens II. Reviewing the Event, Not the Performance III. A Place to Learn: Creating the Space for Stories IV. Marshaling, Interrogating, Improving, and Disseminating Data V. A Model to Amend (Or Reject) Innocence work naturally prioritizes a tight, reactive focus—a concentration on apprehending errors and rescuing individual clients. But the people closest to the suffering of the justice system’s victims are also best placed to appreciate the restorative value of honoring their exonerated clients’ perspectives, recognizing the harms done to the original crime’s victims, and preventing new tragedies. Like it or not, innocence workers and exonerated -
Canadian Legal Ethics: Ready for the Twenty-First Century at Last Adam M
Osgoode Hall Law Journal Article 1 Volume 46, Number 1 (Spring 2008) Canadian Legal Ethics: Ready for the Twenty-First Century at Last Adam M. Dodek Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Legal Ethics and Professional Responsibility Commons Article Citation Information Dodek, Adam M.. "Canadian Legal Ethics: Ready for the Twenty-First Century at Last." Osgoode Hall Law Journal 46.1 (2008) : 1-49. http://digitalcommons.osgoode.yorku.ca/ohlj/vol46/iss1/1 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Canadian Legal Ethics: Ready for the Twenty-First Century at Last Abstract This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The uthora attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the area. It integrates these developments within broader changes in legal education that set the stage for the continued expansion of Canadian legal ethics in the twenty-first century. Reprinted by permission of the publisher. -
Canada and the Transnational Civil Rights Movement
CANADA AND THE TRANSNATIONAL CIVIL RIGHTS MOVEMENT A MARCH FROM SELMA TO CANADA: CANADA AND THE TRANSNATIONAL CIVIL RIGHTS MOVEMENT BY ROSANNE P. WATERS, B.A., M.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfilment of the Requirements for the Degree Doctor of Philosophy McMaster University © Copyright by Rosanne Waters, May 2015 McMaster University DOCTOR OF PHILOSOPHY (2015) Hamilton, Ontario (History) TITLE: A March from Selma to Canada: Canada and the Transnational Civil Rights Movement AUTHOR: Rosanne Waters, B.A. (Hon.) (Brock University), M.A. (University of Toronto) SUPERVISOR: Professor Ruth A. Frager NUMBER OF PAGES: ix; 330 ii ABSTRACT This dissertation examines transnational connectivities centred on anti-discrimination and human rights activism, discourse, and policy spanning the Canada-United States border during the 1950s and 1960s. It focuses specifically on Canadian interactions with the African American civil rights movement, with particular attention to the ways Canadian activists contributed to the American movement, as well as the significance of the American movement to Canadian rights activism and policy. This dissertation contributes to historical understanding of the transnational nature of the American civil rights movement by illustrating how Canadian activists and organizations impacted directly on the American movement through financial and moral support. It also argues the American movement had important implications for Canadian rights activism and policy. Canadian anti-discrimination activists followed American civil rights campaigns, adapting ideas and techniques when relevant to their own efforts. Most significantly, they leveraged examples from south of the border and elsewhere around the world when pressing for change in local contexts. -
'88 May 14, 1988 the LOST YEARS GUE STE DIT 0 RIA L by Penny
Or , Lost Years Issue Reunion '88 May 14, 1988 GUE STE DIT 0 RIA L THE LOST YEARS By Penny Williams ('64) invisible people for visible money. In time l got a solemn letter of While the phrase has a fine F. reply, citing coding problems and Scott Fitzgerald ring to it, l can't other such logistics. say l spent much time these past two decades peering in the mirror and Piffle, l wrote back. (This murmuring, "My girl, you belong to was becoming fun.) It's aIl a the Lost Years of York University." matter of will, l snapped. If you once decide you want to acknowledge In fact, l didn't spend much us, you'll find a way. time thinking about York at aIl. Too busy going along, discovering Now, events have consequences. what Emily Carr meant when she The ·first was that l recognized the talked about "this adjusting our elegant symmetry of our fixe York selves to life at different angles." campus recognizes us, aIl right, but we don't much recognize it--it Oh, l donated occasionally--not came into being after our time. enough to impress my accountant, And the campus we do recognize- just enough to feel smug. Of Glendon--thinks it came into being course, l felt smug about York in after our time. any event. l knew who was who and what was what: York = Glendon = us. The second consequence is Our years. We founded it, after unfolding here and now. One con aIl. versation led to another, and finally we decided to hold a re Then one day l received a union for the Lost Years. -
Wrongful Convictions/Miscarriages of Justice, Law As a System, and the Story of the Little Girl
University of Southampton Research Repository ePrints Soton Copyright © and Moral Rights for this thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given e.g. AUTHOR (year of submission) "Full thesis title", University of Southampton, name of the University School or Department, PhD Thesis, pagination http://eprints.soton.ac.uk UNIVERSITY OF SOUTHAMPTON FACULTY OF BUSINESS, LAW AND ART Wrongful Convictions/Miscarriages of Justice, Law as a System, and the story of the Little Girl by Ebenezer Laryea Thesis for the degree of Doctor of Philosophy April 2016 1 Academic Thesis: Declaration Of Authorship I, EBENEZER NINII LARYEA declare that this thesis and the work presented in it are my own and has been generated by me as the result of my own original research. Title of thesis: WRONGFUL CONVICTIONS/MISCARRIAGES OF JUSTICE, LAW AS A SYSTEM, AND THE STORY OF THE LITTLE GIRL …………………………………………………………………………………………………………………………………… I confirm that: 1. This work was done wholly or mainly while in candidature for a research degree at this University; 2. Where any part of this thesis has previously been submitted for a degree or any other qualification at this University or any other institution, this has been clearly stated; 3. -
Foreign Trained Black Lawyers' Experiences in Ontario
Foreign Trained Black Lawyers’ Experiences in Ontario: I am a Lawyer! Am I a Lawyer? An Odyssey! by Tiisetso Russell A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Graduate Department of Leadership, Higher and Adult Education Ontario Institute for Studies in Education University of Toronto © Copyright by Tiisetso Russell 2015 Foreign Trained Black Lawyers’ Experiences in Ontario: I am a Lawyer! Am I a Lawyer? An Odyssey! Tiisetso Russell Doctor of Philosophy Graduate Department Leadership, Higher and Adult Education Ontario Institute for Studies in Education University of Toronto 2015 Abstract This thesis examines the experiences of foreign trained black lawyers navigating the Canadian legal credentialing process in Ontario and how that has impacted their lives. I chose to focus on foreign trained black lawyers (FTBL) and take a comparative look at black lawyers born and trained in Africa and the Caribbean as well as Canadian born blacks who studied outside Canada. FTBL includes those who are born in Canada and study abroad and those who are immigrants to Canada. The research employed a discursive framework, using the intersectionality of critical race theory and integrative anti-racist theory to contextualize and examine the issue. I employed a mixed method design using an online survey and interviews to examine and analyze the challenges of foreign trained black lawyers becoming credentialed in the Ontario legal system. The five major themes that emerged are as follows: 1) the NCA’s (National -
Understanding How Minoritized Female Legal Professionals Negotiate Extra-Corporate Commitments and Legal Practice
Understanding How Minoritized Female Legal Professionals Negotiate Extra-Corporate Commitments and Legal Practice by Janie Lin A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy The Department of Leadership, Higher and Adult Education Ontario Institute for Studies in Education University of Toronto ©Copyright by Janie Lin (2020) ii Understanding How Minoritized Female Legal Professionals Negotiate Extra- Corporate Commitments and Legal Practice Doctor of Philosophy (2020) Janie Lin Ontario Institute for Studies in Education University of Toronto ABSTRACT This thesis examines the experiences of minoritized female legal professionals working in law and aims to explore how minoritization is reproduced in the legal profession. How lawyers, law clerks and legal assistants navigate legal practice as well as practices in social justice throughout their careers is revealed through professional and personal narrative. The study documents their struggle to “fit” in the profession filling in the everyday/everynight reality of working in law, and reveals there is negotiation at every stage of their careers. Methodologically, I have chosen an anti-racist theoretical analysis as well as Clarke and Smith's theories. Using institutional ethnography, I start with the broad question of what is the lived experience of minoritized women working in corporate law? I employed a mixed method design using interviews to examine the experiences of 12 minoritized female legal professionals, including myself, at various stages in their legal careers. I also analyze certain “texts” used and relied upon by the legal community to understand how they are informed by the ruling relations and how they in turn, inform governance and social relations. -
DNA and the Criminal Justice System: Consensus and Debate
877 DNA and the Criminal Justice System: Consensus and Debate David Lazer and Michelle N. Meyer In the last decade, DNA analysis has become a mainstay of the criminal justice system—the gold standard for identification. Following Breyer's and Jasanoff's discussions of the role of deliberation in the integration of technology and society, this concluding chapter examines where we, as a society, have reached a consensus—or should—on the use of DNA in the justice system, and also points to the unsettled areas of debate in which there remains room for reasonable disagreement. As Imwinkelried discusses in his chapter, DNA technology has been rapidly and fairly easily integrated into the courtroom; its integration into the pre- and post-trial areas has been slower and more complex. Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some form of DNA databases are effective and appropriate investigatory tools. Beyond that broad 878 consensus, however, exists a sometimes vociferous debate about how extensive post-conviction and database programs should be, and the institutions and rules that should govern them. Below we first summarize the areas of consensus, and then analyze the remaining areas of disagreement. We conclude by discussing deeper questions at the nexus of law, science and society. Areas of consensus There are two broad areas of consensus. First, that DNA changes the meaning of time in the justice system. From this principle follow a number of subsidiary points: that evidence must be preserved; that there should be statutory criteria for post-conviction access and review of evidence; and that statutes of limitation should be increased or abolished. -
Ie, Forensic Science
The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2014 Admissibility Compared: The Reception of Incriminating Expert Evidence (i.e., Forensic Science) in Four Adversarial Jurisdictions Gary Edmond Emma Cunliffe Allard School of Law at the University of British Columbia, [email protected] Simon A. Cole Andrew J. Roberts Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Criminal Law Commons, and the Criminal Procedure Commons Citation Details Gary Edmond et al, "Admissibility Compared: The Reception of Incriminating Expert Evidence (i.e., Forensic Science) in Four Adversarial Jurisdictions (2014) 3 U Den Crim L Rev 31. This Article is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. ADMISSIBILITY COMPARED: THE RECEPTION OF INCRIMINATING EXPERT EVIDENCE (I.E., FORENSIC SCIENCE) IN FOUR ADVERSARIAL JURISDICTIONS Gary Edmond,* Simon Cole,† Emma Cunliffe,‡ and Andrew Roberts§ INTRODUCTION The single most important observation about judicial [gate-keeping] of forensic science is that most judges under most circumstances admit most forensic science. There is almost no expert testimony so threadbare that it will not be admitted if it comes to a criminal proceeding under the banner of forensic science. The applicable legal test offers little assurance. The maverick who is a field unto him- or herself has repeatedly been readily admitted under Frye, and the complete absence of foundational research has not prevented such admission in Daubert jurisdictions.1 There is an epistemic crisis in many areas of forensic science. -
Report on the Prevention of Miscarriages of Justice
REPORT ON THE PREVENTION OF MISCARRIAGES OF JUSTICE FPT HEADS OF PROSECUTIONS COMMITTEE WORKING GROUP FOREWORD On behalf of the FPT Heads of Prosecutions Committee, we are pleased to submit the report of its Working Group on the Prevention of Miscarriages of Justice. The Working Group has worked diligently for the past two years to produce this excellent report and we are indebted to its members. This report was drafted in close collaboration with the police community. This new cooperative approach will serve as a model for future joint work on issues of mutual concern. The Heads of Prosecutions Committee has twice reviewed the report and we are pleased to inform you that jurisdictions have already begun to review their policies and practices in light of the recommendations. To supplement these efforts, as a group, the Committee has already taken concrete steps to act on several key recommendations, including the establishment of a permanent standing sub-committee on the prevention of wrongful convictions. We also look forward to working with Manitoba and the University of Manitoba on a proposed international conference on wrongful convictions in fall 2005. As the problem of wrongful convictions knows no borders, we have already been in touch with colleagues in the United States to share the insights and knowledge gained through the Working Group’s deliberations. As this report notes, a wrongful conviction is a failure of justice in the most fundamental sense and all participants in the criminal justice system must commit themselves to preventing such miscarriages of justice. On behalf of the prosecution community in Canada, we commit ourselves to this important and vital challenge. -
Timeline of Events: Steven Truscott Case 2
Ontario Justice Education Network Timeline of Events for the Steven Truscott Case June 9, 1959 • During the evening, Steven Truscott gave a ride to Lynne Harper on his bicycle from their school down the main County Road to Highway 8. • Steven was age 14 and Lynne was 12. • Around 11:20pm, Lynne had not returned home and her father reported her missing. June 11, 1959 • Ms. Harper’s body was found near Lawson’s Bush, an area located next to the County Road. • She had been strangled and sexually assaulted. June 12-13, 1959 • Mr. Truscott was taken into custody on Clinton Air Force base. • An arrest warrant as signed by Mabel Gray, a Justice of the Peace. • At approximately 2:30am on June 13th, Mr. Truscott was formally charged with the first-degree murder of Lynne Harper. June 20, 1959 • Mr. Truscott attended Juvenile Court in Goderich, Ontario under the Juvenile Delinquents Act (1908). • Magistrate Dudley Holmes considered whether the case should be heard in Juvenile Court or in an “ordinary court”. • The Crown Attorney argued that the Juvenile Court was not experienced in the legal issues raised and should not handle the case. • Defence Counsel argued that as a youth, Mr. Truscott’s interests outweighed the community interest and so Juvenile Court should hear the case. • The Magistrate decided that Mr. Truscott should stand trial in the “ordinary court” as an adult. A civil society through education and dialogue. Timeline of Events: Steven Truscott Case 2 July 13-14, 1959 • The preliminary hearing was held to determine if the Crown had enough evidence to proceed with the trial. -
Exploring News Media Constructions in Cases of Wrongful Conviction
Wilfrid Laurier University Scholars Commons @ Laurier Theses and Dissertations (Comprehensive) 2015 Critical Champions or Careless Condemners? Exploring News Media Constructions in Cases of Wrongful Conviction Katherine Rozad Wilfrid Laurier University, [email protected] Follow this and additional works at: https://scholars.wlu.ca/etd Part of the Criminology Commons, Criminology and Criminal Justice Commons, Journalism Studies Commons, Mass Communication Commons, Other Sociology Commons, Quantitative, Qualitative, Comparative, and Historical Methodologies Commons, and the Social Control, Law, Crime, and Deviance Commons Recommended Citation Rozad, Katherine, "Critical Champions or Careless Condemners? Exploring News Media Constructions in Cases of Wrongful Conviction" (2015). Theses and Dissertations (Comprehensive). 1764. https://scholars.wlu.ca/etd/1764 This Thesis is brought to you for free and open access by Scholars Commons @ Laurier. It has been accepted for inclusion in Theses and Dissertations (Comprehensive) by an authorized administrator of Scholars Commons @ Laurier. For more information, please contact [email protected]. CRITICAL CHAMPIONS OR CARELESS CONDEMNERS? EXPLORING NEWS MEDIA CONSTRUCTIONS IN CASES OF WRONGFUL CONVICTION by Katy Rozad B.A. (Honours), Wilfrid Laurier University, 2013 THESIS Submitted to the Department of Criminology in partial fulfilment of the requirements for Master of Arts in Criminology Wilfrid Laurier University © Katy Rozad 2015 Abstract Countless incidences occur throughout the world each and every day. However, only a few of these occurrences are deemed newsworthy by the media. One area of information quite often categorized as “newsworthy” is that surrounding crime. Within crime-related news coverage are occasionally cases of wrongful conviction – miscarriages of justice in which the innocent are labeled “guilty” and wrongly punished.