Kathryn M. Campbell

The objective of this program of research is to undertake a comparative law study of exoneration and compensation schemes for the wrongly convicted in Scotland, Canada and Israel.  While common-law jurisdictions exist in these countries, the means of reparation for those whose convictions are in error are drastically different, resulting in differing outcomes and varying conceptions of justice. In Canada and Scotland, both statute and guidelines exist to address means of exonerating the wrongly convicted. In Israel, a mixed law jurisdiction, miscarriages of justice are addressed through the regular function of the courts, however, the introduction in 2012 of the wrongful convictions clinic at the Hebrew University School of Law, in collaboration with the Israeli Public Defender’s Office, heralds a greater recognition that such errors can and do occur. Thus, it is an opportune moment to examine processes in place in Israel that not only contribute to miscarriages of justice, but also practices that facilitate exoneration. Similarly, while all three countries are signatories to the UN Convention on Civil and Political Rights, where article 9.1 mandates that “Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation”, how each jurisdiction recognizes this obligation is diverse and reflects considerations about the role of state parties in its obligation to citizens.   Schemes of compensation will also be examined as they represent a means for state parties to redress their obligations to citizens for errors committed by state actors.  Where state parties fail to make redress in this regard, tort law will be examined as the private law of civil wrongs has stepped in, in some instances, to address this fundamental gap. 

Unique to this study will be an exploration of the schemes of exoneration and compensation for the wrongly convicted in these three distinct jurisdictions, from both an empirical and normative/theoretical perspective.  Specifically, this will be done from within a framework of the ethical foundations of human rights and based on theories of international justice, given that scholars have noted that human rights have come to provide a powerful basis for an ethical critique of international politics and policy.  Borrowing from both criminology and law, this study will explore how each state party approaches questions of exoneration, compensation, and ultimately state responsibility for errors of justice.