Compensation for Wrongful Convictions A Comparative Perspective

• Other Authors: Jasiński, Wojciech (Editor), Kremens, Karolina (Editor)
• Format: Electronic Book Chapter
• Language: English
• Published: Taylor & Francis 2023
• Series: Routledge Contemporary Issues in Criminal Justice and Procedure
• Subjects: Jurisprudence & general issues; Human rights & civil liberties law; Comparative law; Criminal law & procedure; Criminal procedure; Crime & criminology; comparative law;compensation for wrongful conviction;criminal justice system;European Court of Human Rights;judicial error;miscarriages of justice;wrongful conviction
• Online Access: DOAB: download the publication; DOAB: description of the publication

This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.