Wrongful Convictions Around the World

Samantha Adams — March 2, 2015 @ 4:48 PM — Comments (0)

Some causes of wrongful convictions are intertwined with weaknesses specific to the American criminal justice system. However, wrongful convictions are certainly not unique to the USA. Problems like mistaken eyewitness identifications are symptoms of a normal human memory, and thus can exist regardless of the country where the alleged crime takes place. Further, some country’s criminal justice systems experience the same weaknesses as America’s does, and sometimes the problems may be even worse.

For example, although the Japanese criminal justice system is often lauded for its 99 percent conviction rate, it isn’t surprising that along with such a high conviction rate comes some questionable practices. The BBC wrote an article detailing some of the coercive procedures that Japanese police use when interrogating suspects, explaining that most convictions in Japan are hinged on the defendant confessing, which, given these coercive procedures, are at risk for being false.

A rape case in late 2014 in Afghanistan highlights some of the difficulties the Afghan criminal justice system faces, such as police torture, the public’s desire for “justice”, and political interference.

Post-exoneration law also differs by country. While exonerees in the United Kingdom face stringent guidelines dictating whether or not they can be compensated for their time spent in prison, Portugal, Italy, Brazil, and Spain all guarantee compensation for damages caused by judicial errors in their constitutions.

While the Innocence Project of Florida and other American innocence organizations focus specifically on defendants convicted in the particular states that they represent, there is also work being done in other countries to free the wrongfully convicted. Argentina, Australia, Canada, France, Ireland, Israel, Italy, The Netherlands, New Zealand, South Africa, and Taiwan all have organizations that are members of the Innocence Network, which you can read about here. China has recently been taking action to reform their criminal justice system to prevent miscarriages of justice. And some exonerees, like Fernando Bermudez, travel internationally to tell their stories and call the world’s attention to the wrongfully convicted. Although wrongful convictions are a worldwide problem, it is comforting to know that the fight against them is worldwide as well.

For further reading, The National Institute of Justice published an extremely informative report describing international practices related to wrongful convictions.

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