Kathryn M. Campbell

senior fellow
EURIAS cohort 2015/2016
discipline Law
Associate Professor Department of Criminology, University of Ottawa

Research project

Post-Conviction Exoneration and Compensation Schemes for the Wrongly Convicted: A Comparative Study of Scotland, Canada and Israel

 

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.

Biography

 

Kathryn M. Campbell is an Associate Professor at the Department of Criminology, Faculty of Social Sciences, of the University of Ottawa. She holds a Ph.D in Criminology from the Université de Montréal and a B.C.L./LL.B. in Law from McGill University, Montréal.

Her main research interests are in the areas of miscarriages of justice, youth justice and Indigenous law.

  

 

Selected publications

 

'Wrongful Convictions in Canada: Causes, Consequences and Responses', with M. Denov, in J. Roberts & M. Grossman (eds.), Criminal Justice in Canada: A Reader, 5th edition, Harcourt Brace, 2015.

 

'Youth Criminal Justice Law in Ontario', in M. Alain, R. Corrado & S. Reid (eds.), Implementing and Working under the YCJA in Canada: A View from the Ground, University of Toronto Press, Toronto, 2014.

 

'Youth Justice in Nunavut', with T. Stuempel, in M. Alain, R. Corrado & S. Reid (eds.), Implementing and Working under the YCJA in Canada: A View from the Ground, University of Toronto Press, Toronto, 2014.

 

'Zoos as prisons: The role of law and the case for abolition', Mid-Atlantic Journal on Law & Public Policy, vol. 2, no. 1, 2013, pp. 53-82.

 

'Pathological error: Reacting to the limits of expertise in legal process', with C. Walker, Law and Justice Review, vol. 5, 2013, pp. 16-38.

 

'The paradox of animal hoarding and the limits of Canadian criminal law', Journal of Animal and Natural Resource Law, vol. 9, 2011, pp. 45-62.

 

'Expert Evidence from ‘Social’ Scientists: Questions of Admissibility, Reliability, Context and the Impact on Miscarriages of Justice', Canadian Criminal Law Review, vol. 16, no. 1, 2011, pp. 13-36.

 

Children’s Rights and International Development: Essays and Challenges from the Field, with M. Denov & R. Maclure (eds), Palgrave, New York, 2011.

 

Understanding Youth Justice In Canada, (ed.), Pearson Education Canada, Toronto, 2005.

 

institut

senior fellow
EURIAS promotion 2015/2016
Israel Institute for Advanced Studies (IIAS)
discipline History
2015
senior fellow
EURIAS promotion 2017/2018
Israel Institute for Advanced Studies (IIAS)
discipline Computer science & informatics
2017
senior fellow
EURIAS promotion 2013/2014
Israel Institute for Advanced Studies (IIAS)
discipline History
2013
junior fellow
EURIAS promotion 2016/2017
Israel Institute for Advanced Studies (IIAS)
discipline History
2016