chapter  14
26 Pages

More Procedure and Concern About for Wrongful Convictions in the

ByInnocence but Less Justice?: Remedies United States and Canada Kent Roach

The United States and Canada are similar and neighboring democracies. They both have a wrongful conviction problem. The available evidence suggests that the causes of identifi ed wrongful convictions in both countries are quite similar. Wrongful convictions have been caused in both countries by mistaken eyewitness identifi cation; lying witnesses, including jailhouse informants; false confessions; and faulty forensic evidence (Garrett, 2011; Roach, 2012). The similarity of these causes reveals what Mark Tushnet has identifi ed as universal and functional strains in the study of comparative law (Tushnet, 2008: 10). Although some of these factors are infl uenced by context, such as the more decentralized delivery of many forensic services in the United States compared to Canada (Roach, 2009), the basic causes of wrongful convictions are likely quite similar in both countries and perhaps in most countries.