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Published online by Cambridge University Press:  19 December 2025

Kent Roach
Kent Roach
Affiliation:
University of Toronto

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Type
Chapter
Information
Justice for Some
A Comparative Study of Miscarriages of Justice and Wrongful Convictions
 , pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2026
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Acknowledgements

  2. 1Introduction

    1. 1.1Introduction

    2. 1.2Different Countries, Different Terms?

    3. 1.3Why a Comparative Approach?

    4. 1.4Why a Legal Process Approach?

    5. 1.5Why a Historical Approach?

    6. 1.6Fair Trials and the Presumption of Innocence

    7. 1.7The “Balance” between Wrongful Convictions and Wrongful Acquittals

    8. 1.8Equality

    9. 1.9Outline of Chapters

  3. 2Miscarriages of Justice, Wrongful Convictions and Proven Innocence as Means of Rationing Justice

    1. 2.1Introduction

    2. 2.2Miscarriages of Justice

    3. 2.3Wrongful Convictions

    4. 2.4Proven Innocence

    5. 2.5The Tension between Proven Innocence and the Presumption of Innocence

    6. 2.6Rationing Justice

    7. 2.7Conclusions

  4. 3The Challenges of Preventing the Common Immediate Causes of Wrongful Convictions

    1. 3.1Introduction

    2. 3.2Mistaken Eyewitness Identification

    3. 3.3Incentivized Witnesses Who May Lie

    4. 3.4False Confessions

    5. 3.5False Forensics

    6. 3.6Conclusions

  5. 4Is There an Inquisitorial Advantage? The Challenges of False Guilty Pleas

    1. 4.1Introduction

    2. 4.2Is the Grass Greener on the Other Side of the Adversarial/Inquisitorial Divide?

    3. 4.3Not All Inquisitorial Systems Are the Same

    4. 4.4Some Inquisitorial Systems and Their Responses to Wrongful Convictions

    5. 4.5Scepticism about Guilty Pleas: A Diminishing Inquisitorial Advantage?

    6. 4.6Conclusions

  6. 5England: A Legal Focus on Miscarriages of Justice and Remedial Legislation

    1. 5.1Introduction

    2. 5.2The Court of Criminal Appeal

    3. 5.3The Death Penalty and Wrongful Convictions

    4. 5.4The Criminal Cases Review Commission (CCRC)

    5. 5.5The Performance, Failures and Underfunding of the CCRC

    6. 5.6The Transplantation and Migration of the CCRC

    7. 5.7Proven Innocence: The 2006 Proposals and the 2014 Compensation Changes

    8. 5.8The Failures and Futures of Innocence Movements

    9. 5.9The Post Office Crisis and Extraordinary Remedial Legislation

    10. 5.10Conclusions

  7. 6The United States: A Populist Focus on Factual Innocence

    1. 6.1Introduction

    2. 6.2The American Fixation on Proven Innocence

    3. 6.3The Success of Proven Innocence in Legislatures

    4. 6.4Innocence and Executive Clemency

    5. 6.5Proven Innocence in the Courts

    6. 6.6Innocence and the Death Penalty

    7. 6.7False Guilty Pleas, Mass Exonerations and Neglect of Systemic Racial Discrimination

    8. 6.8Generous Compensation

    9. 6.9The Future of American Innocence Projects and Movements

    10. 6.10Conclusions

  8. 7Racism and Prejudice

    1. 7.1Introduction

    2. 7.2Recognition of the Role of Racism and Prejudice in Older and Pre-DNA Wrongful Convictions

    3. 7.3The Downplaying of Racism in the Early American Innocence Movement

    4. 7.4Racism and Black Men Wrongfully Convicted of Sexual Crimes

    5. 7.5The Exonerated (Central Park) Five and the Chicago Four

    6. 7.6Donald Marshall Jr.’s Wrongful Convictions and Anti-Black and Anti-Indigenous Racism

    7. 7.7Racism and the Wrongful Conviction of Indigenous Men

    8. 7.8The Future of Innocence Movements

    9. 7.9Conclusions

  9. 8Gender and Stereotypes

    1. 8.1Introduction

    2. 8.2Imagined Crimes from Witch Trials to Satanic Child Abuse Panics

    3. 8.3Wrongful Convictions of Sexual Minorities

    4. 8.4Wrongfully Convicted for Not Being “Ideal” Wives and Mothers?

    5. 8.5Nurses and Deaths of Those under Their Care

    6. 8.6Shaken Baby Syndrome and False Guilty Pleas

    7. 8.7Wrongful Convictions of Indigenous Women and the Limits of Proven Innocence

    8. 8.8Gender and the Wrongful Convictions of Men for Sexual Crimes

    9. 8.9Gender and the Future of Innocence Movements

    10. 8.10Conclusions

  10. 9China: The Dangers of Wrongful Conviction Washing

    1. 9.1Introduction

    2. 9.2Remedied Wrongful Convictions

    3. 9.3Proven or Obvious Innocence

    4. 9.4Missing Wrongful Convictions

    5. 9.5Responses to Wrongful Convictions

    6. 9.6Plea Bargaining: A New Cause of Wrongful Convictions?

    7. 9.7The Marginal and Precarious Role of Defence Lawyers

    8. 9.8Increasing Compensation

    9. 9.9Wrongful Conviction Reforms: Necessary or Legitimating?

    10. 9.10China and an International Innocence Movement?

    11. 9.11Different Approaches to Wrongful Convictions in Taiwan and Hong Kong

    12. 9.12Conclusions

  11. 10India: The Challenges of Wrongful Pre-trial Detention

    1. 10.1Introduction

    2. 10.2Remedied Wrongful Convictions

    3. 10.3Missing Wrongful Convictions

    4. 10.4Increasing Use of the Death Penalty

    5. 10.5The 2023 Laws and the Increased Risk of Wrongful Convictions

    6. 10.6Compensation and the Unmet Challenges of Wrongful Pre-trial Detention

    7. 10.7Legitimation and Wrongful Conviction Washing?

    8. 10.8The Future of Innocence Movements in India

    9. 10.9Conclusions

  12. 11International Law: The Limits of Proven Innocence and Compensation

    1. 11.1Introduction

    2. 11.2Miscarriage of Justice, Wrongful Conviction or Innocence?

    3. 11.3Helpful Hybrids? International Criminal Courts

    4. 11.4The Right to Appeal or the Right to Claim and Prove Innocence?

    5. 11.5Compensating Miscarriages of Justice

    6. 11.6Compensation Is Not Enough: The Need to Prevent Miscarriages of Justice

    7. 11.7Conclusions

  13. 12Justice for Less or Justice for More?

    1. 12.1Introduction

    2. 12.2The Importance of Definitional and Conceptual Clarity

    3. 12.3The Rationing of Justice

    4. 12.4The Populist but False Allure of Proven Innocence

    5. 12.5The Enduring Importance of Equality

    6. 12.6Democracy, Wrongful Conviction Washing and Legitimation

    7. 12.7The Contributions of Comparative Law Analysis

    8. 12.8The Contributions of Historical Analysis

    9. 12.9The Contributions of Legal Process Analysis

    10. 12.10Possible Futures

  14. Bibliography

  15. Index

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  • Contents
  • Kent Roach, University of Toronto
  • Book: Justice for Some
  • Online publication: 19 December 2025
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  • Contents
  • Kent Roach, University of Toronto
  • Book: Justice for Some
  • Online publication: 19 December 2025
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  • Contents
  • Kent Roach, University of Toronto
  • Book: Justice for Some
  • Online publication: 19 December 2025
Available formats
×