Volume 6, numéro 1, printemps 2025

EN :

To help understand how to correct miscarriages of justice, we analyzed the exculpatory evidence that led to exoneration among Canadian cases of wrongful conviction. Fifty-nine fresh evidence cases were identified and data about each case was collected. We examined three main characteristics of the fresh evidence, including: 1) the availability of the evidence at the time of the original trial (i.e., whether the evidence was discovered after conviction, was not disclosed at the time of trial, or whether there was a new interpretation of the evidence after conviction); 2) the typical features of the evidence (i.e., the evidence type); and 3) who was responsible for initiating the reinvestigation based on this evidence (i.e., the catalyst who brought attention to the evidence that ultimately led to exoneration). We found that in 36% of cases, exculpatory evidence existed at the time of trial, but was not disclosed to defence counsel. In addition, we found that witnesses were the primary type of exculpatory evidence, suggesting witness interviewing may be a fruitful area for investigators to concentrate their efforts. We discuss policy implications in relation to these findings, and how investigators and legal teams might use this information to help guide their reinvestigations in order to more effectively and efficiently remedy wrongful convictions.

EN :

In the past three decades, North America has exonerated over 3,400 innocent people of crimes they did not commit—with nearly 300 of those exonerees being women. Recent years have seen a 700% increase in female incarceration, which could influence future rates of wrongful convictions among women as well. The existing literature on wrongful conviction disproportionately focuses on male exoneree experiences and stories, leaving female exoneree needs and experiences entirely unaccounted for. The following review identifies the relevant literature pertaining to the lived experiences of mothers, exonerees, and incarcerated women to address the gaps in the wrongful conviction literature and inform future research projects. Evidenced by this review is that systematic differences are leading to the wrongful conviction of women, women experience different pains of imprisonment and may be at a disproportionate risk of mental and physical health complications due to their wrongful conviction and incarceration. Future research must focus on the unique lived experiences of female victims of wrongful convictions to understand the mechanisms underlying their convictions, and their unique experiences of wrongful conviction, incarceration, re-entry, and victimization, to adequately inform policy and help in their re-entry and rehabilitation.

EN :

Despite a significant growth of scientific knowledge on wrongful convictions and miscarriages of justice, the phenomenon of false guilty pleas remains largely understudied in Canada. Drawing from data obtained through the responses of a questionnaire administered to 55 defendants and 11 in-depth semi-directed interviews, this article explores the profile of the individuals who enter false guilty pleas and the reasons why they do so. The context and circumstances behind false guilty pleas are ranked by their prevalence (in the survey) and describe with interviewees stories. Finally, the article discusses the perception of the person entering a false guilty plea regarding the coerciveness or voluntariness of their decision.