This paper examines the causes of wrongful imprisonment, the nature of losses and the applicability of international approaches and conventions. Definitions of wrongful conviction vary internationally, as do the circumstances and amount of compensation. Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary. The introduction of dedicated legislation or specific guidelines for wrongful conviction would help bring these Australian jurisdictions into line with international human rights best practice. This paper considers the scope of claims made in Australia through some key case studies. However, there is currently no reliable national data on the prevalence of wrongful convictions in Australia; overseas research suggests wrongful convictions may be less rare than we assume.

The plight of the wrongly convicted is gaining prominence with the growing awareness of the prodigious harms to innocent persons at the hands of the criminal justice system. Most of the attention, both scholarly and legislatively, has been focused on the causes of wrongful convictions and the need to free the innocent. What needs to now be addressed more comprehensively is the issue of how to provide redress to those persons whose lives have been inexorably damaged and how to best compensate them in their efforts to rebuild a life. The available remedies in Canada to pursue compensation include civil litigation for malicious prosecution, negligent investigation, a Charter breach and the highly politicized exercise of discretion by a government to make a payment without acknowledging liability. Except for the very few, none of these remedies are very helpful. Liberal democracies like Canada are honour bound if not constitutionally mandated to provide for innocence compensation far beyond the onerous and cost prohibitive pursuit of litigation against the State and the current highly secretive and inadequate executive remedy requiring an elusive exercise of mercy. About the Author: Dr. Myles Frederick McLellan (LL.B (J.D); LL.M (Osgoode); Ph.D. (Anglia Ruskin - Law) is a Professor of Law and Justice at Algoma University in Sault Ste. Marie, Ontario, Canada. The focus of his research, writing and teaching is criminal justice. He is the Director and Founder of the Innocence Compensation Project and is the Editor-in-Chief of the Wrongful Conviction Law Review. He is on the Policy Review Committee of the Canadian Criminal Justice Association. He has also been a Commissioner of Police and a Federal Crown Counsel.

Since 1989, there have been over 2,200 exonerations in the United States. These have resulted from a number of factors, including the discovery of new evidence, perjury, false identification, and bad forensic evidence. Even when an individual is exonerated, is it possible to compensate them for their loss of time and money? This volume looks at the issue from varying perspectives, exploring causes of wrongful convictions, ways to increase exonerations for those who were unjustly imprisoned, strategies to decrease the number of wrongful convictions going forward, and appropriate compensation for those who have lost years of their lives.

Examines the US crime problem and the resulting policies as a political and cultural issue.

On September 30, 2003, Calvin was declared innocent and set free from Angola State Prison, after serving 22 years for a crime he did not commit. Like many other exonerees, Calvin experienced a new world that was not open to him. Hitting the streets without housing, money, or a change of clothes, exonerees across America are released only to fend for themselves. In the tradition of Studs Terkel's oral histories, this book collects the voices and stories of the exonerees for whom life — inside and out — is forever framed by extraordinary injustice

Compelling and engagingly written, this book by the former Attorney General of Ohio and his wife takes the reader inside a number of actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, exposing eight common myths that inspire false confidence in the justice system and undermine reform. Now newly published in paperback with an extensive list of web links to wrongful convictions sources throughout the world, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant's decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in False Justice. Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1890s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe -- and research and logic suggest -- that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty. Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. False Justice explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections. Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of False Justice we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct--both police and prosecutor and in some cases both--in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error." Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. False Justice shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony. Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve. Myth 7: It dishonors the victim to question a conviction. False Justice reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does that honor victims? Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. False Justice recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us -- everyday American citizens -- not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer.