All systems are prone to error and our justice system is no exception.
At one pole, errors in the justice system manifest themselves in “wrongful acquittals,” with perpetrators, although duly apprehended and brought before a court, escaping punishment for their crimes.
We hear a lot about such errors, either real or imagined, especially when high-profile cases founder, often because of what are described as technicalities, and a hue and cry goes up for reform of our justice system in the name of law and order.
At the other pole, errors in the justice system manifest themselves as wrongful convictions, with innocent men and women sent to prison to pay for crimes they did not commit. We may hear less about these sorts of errors because they tend to come to light only years after the original convictions and the convictions themselves may generate little or no publicity at the time. When they do come to light, however, they too arouse strong...
Mark J. Freiman practises law at Lerners LLP in Toronto. He is a former deputy attorney general for Ontario. In his private practice he has appeared on a wide variety of human rights matters, including acting on behalf of the Canadian Civil Liberties Association.
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