Saturday 27 February 2010

Miscarriges of Justice to face an overhaul?

Another case of an overturned conviction exonerated by DNA evidence in Ontario. Anthony HANEMEYER spent 2 years in jail before being cleared of a rape charge on the basis of DNA evidence but because he plead guilty in during a plea bargaining arrangement negotiated by his lawyer - he can not recieve compensation from the province.

Two issues arise - say critics:
  • The general position of the crown  and police is that they do not make mistakes and anyone who criticis's this does not understand what the job entails, hence anyone seeking to have a wrongful conviction must fight the "crown culture".
  • It appears there is a basic conflict in that the same department (Crown Counsel within Justice) prosecutes criminal convictions, then reviews the sentence if it appears there is a wrongful conviction and then determines compensation.    Although the Criminal Conviction Review Group is a separate group within the Justice there has been some discussion if that Canada should follow the UK model and have an independent agency conduct both reviews and determine compensation.  
Four different judges have conducted inquiries over the past 2 years and recommended an independent review agency, similar to what exists in the UK.   Currently the only other group to independently represent the interests of such cases are the group Defense of the Wrongly Convicted (AIDWYC).

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