Saturday, September 17, 2011

WRONGFUL CONVICTIONS: THOUSANDS OF WRONGFUL CONVICTIONS ON LESSER CHARGES FALL BELOW RADAR IN CANADA, AUTHOR SAYS; PROSECUTORS REPORT RELEASED; POST;

"There are no statistics on wrongful convictions in Canada.

However, Gary Botting, a Vancouver criminal lawyer and author of the 2010 book Wrongful Conviction in Canadian Law, said the number of high-profile wrongful conviction cases that have received media coverage is just the "tip of the iceberg."

""It happens far more often than you might think, but not at the level of murder, which is almost always the consideration in commissions of inquiry," said Botting, adding that inquiries are not launched in less serious criminal cases like robbery or home invasion.

"There are literally thousands of cases which are below the radar," he said.

Botting said the problem is a result of how the criminal justice system is designed.

In cases involving relatively petty crimes, a defendant, even if he believes he is innocent, will often plead guilty "because the sentences are short and the guys just want to get out of there," said Botting.

"They've managed to get a sentence that is relatively light, and they know that if they keep their mouths shut, go along with the system and play the game, they'll be out in three years.""

REPORTER THAMDI FLETCHER; THE OTTAWA CITIZEN;

The report can be found at:

http://www.ppsc-sppc.gc.ca/eng/pub/ptj-spj/index.html

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"Although police officers are more aware of the risk of wrongful convictions than ever before, today's climate of economic uncertainty could see that heightened
awareness drop, a report released Thursday from Canada's top prosecutors suggests," the Ottawa Citizen story by reporter Randi Fletcher published earlier today under the heading, ""Fragile economy could reduce police awareness of wrongful convictions: Report," begins.

"The report is a followup to a 2005 report from the Federal, Provincial and Territorial Heads of Prosecutions Committee, which explored common causes of wrongful convictions and offered recommendations on reducing their likelihood,"
the story continues.

"The committee is an independent group made up of Canada's top prosecutors providing assistance to federal, provincial and territorial justice ministers.

The committee established a working group in 2002 to investigate the causes of wrongful convictions in the wake of several high-profile cases in Canada.

The causes outlined in their 2005 report include tunnel vision, eyewitness misidentification, false confessions, use of in-custody informants, and inappropriate use of forensic evidence and expert testimony.

The update looked at how the recommendations have been implemented in policy, finding police officers and prosecutors have made major strides in attempting to foster a culture that prevents wrongful convictions.

Education has been the most important stride made since the report was released in 2005, the authors wrote.

For example, the report has been added to the curriculum of several Canadian law schools, including the University of British Columbia, the University of Manitoba, and Osgoode Hall in Toronto.

Police at every level have also worked to provide regular training to both new recruits and veteran officers on the factors that contribute to wrongful convictions.

For example, RCMP in British Columbia offered a course in 2008 and 2009 teaching police officers critical thinking skills to avoid tunnel vision. The Vancouver Police Department, Calgary Police Service and Toronto Police Service also provide specific training aimed at avoiding wrongful convictions.

However, the authors say they're concerned the economic recession and subsequent policing budget cuts could affect progress made so far. They urged police agencies to come up with new and innovative ways of teaching their officers.

For example, the report suggested the establishment of a joint online conference to teach skills for avoiding wrongful convictions to police officers across many jurisdictions while containing costs.

"In difficult economic times, the solution is not to forego continuing education, but to find creative ways to make it happen," the report stated.

There are no statistics on wrongful convictions in Canada.

However, Gary Botting, a Vancouver criminal lawyer and author of the 2010 book Wrongful Conviction in Canadian Law, said the number of high-profile wrongful conviction cases that have received media coverage is just the "tip of the iceberg."

"It happens far more often than you might think, but not at the level of murder, which is almost always the consideration in commissions of inquiry," said Botting, adding that inquiries are not launched in less serious criminal cases like robbery or home invasion.

"There are literally thousands of cases which are below the radar," he said.

Botting said the problem is a result of how the criminal justice system is designed.

In cases involving relatively petty crimes, a defendant, even if he believes he is innocent, will often plead guilty "because the sentences are short and the guys just want to get out of there," said Botting.

"They've managed to get a sentence that is relatively light, and they know that if they keep their mouths shut, go along with the system and play the game, they'll be out in three years."

The only way to eliminate the risk of innocent individuals being convicted of crimes they did not commit is "continued vigilance," the report concluded, urging police officers and prosecutors to continue to make prevention of wrongful convictions "a constant priority."

"Innocent lives depend on it," the authors wrote.


The story can be found at:

"http://www.ottawacitizen.com/business/Fragile+economy+could+reduce+police+awareness+wrongful+convictions/5409897/story.html

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;