
Contents
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8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
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I. Introduction I. Introduction
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II. The Criminal Cases Review Commission for England and Wales II. The Criminal Cases Review Commission for England and Wales
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1. Origins 1. Origins
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2. Composition 2. Composition
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3. Powers 3. Powers
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4. Applications 4. Applications
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5. Referrals to the Court 5. Referrals to the Court
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6. Systemic Reform 6. Systemic Reform
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III. The Scottish Criminal Cases Review Commission III. The Scottish Criminal Cases Review Commission
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1. Origins 1. Origins
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2. Composition 2. Composition
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3. Powers 3. Powers
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4. Applications 4. Applications
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5. Referrals to the Court 5. Referrals to the Court
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6. Systemic Reform 6. Systemic Reform
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IV. North Carolina Innocence Inquiry Commission IV. North Carolina Innocence Inquiry Commission
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1. Origins 1. Origins
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2. Composition 2. Composition
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3. Powers 3. Powers
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4. Applications 4. Applications
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5. Referrals to the Court 5. Referrals to the Court
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6. Systemic Reform 6. Systemic Reform
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V. Other Exceptional American Procedures Tied to Innocence V. Other Exceptional American Procedures Tied to Innocence
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VI. The Canadian Reformed Ministerial Application VI. The Canadian Reformed Ministerial Application
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1. Origins 1. Origins
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2. Composition 2. Composition
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3. Powers 3. Powers
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4. Applications 4. Applications
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5. Referrals to the Court 5. Referrals to the Court
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6. Systemic Reform 6. Systemic Reform
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VII. Australia VII. Australia
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1. Origins 1. Origins
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2. Composition 2. Composition
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3. Powers 3. Powers
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4. Applications 4. Applications
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5. Referrals to the Court 5. Referrals to the Court
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6. Systemic Reform 6. Systemic Reform
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VIII. Conclusion VIII. Conclusion
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References References
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42 Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems
Get accessKent Roach is a Professor and the Prichard Wilson Chair in Law and Public Policy on the Faculty of Law at the University of Toronto.
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Published:11 February 2019
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Abstract
This chapter examines exceptional procedures that are used to correct miscarriages of justice in common law systems. Exceptional procedures refer to second or subsequent appeals or extraordinary forms of collateral review after the ordinary appellate or collateral review process has been exhausted. The chapter first provides a historical background on the Criminal Cases Review Commission (CCRC), which has been operating for England, Wales, and Northern Ireland since 1997, before discussing its composition, powers, applications, how it makes referrals to the court, and systemic reforms designed to reduce wrongful convictions. It also considers the Scottish Criminal Cases Review Commission (SCCRC), the North Carolina Innocence Inquiry Commission (NCIIC), other exceptional American procedures tied to innocence, the creation of a second right of appeal based on “fresh and compelling evidence” in two Australian states, and Canada’s 2002 reform of a system that allows the political executive to grant relief on applications for mercy and clemency.
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