Correcting Miscarriages of Justice: Innocence Project Croatia
<p id="p1">This paper explores the essence and activities of Innocence Projects and the broader Innocence Movement in the United States and Europe, adopting positive practices for potential amendments to Croatian legislation to protect the rights of wrongfully convicted persons as a special group of...
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| Autores principales: | , , |
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| Formato: | Capítulo de libro |
| Lenguaje: | inglés |
| Publicado: |
IntechOpen
2024
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| Materias: | |
| Acceso en línea: | https://www.intechopen.com/chapters/89608 |
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| Sumario: | <p id="p1">This paper explores the essence and activities of Innocence Projects and the broader Innocence Movement in the United States and Europe, adopting positive practices for potential amendments to Croatian legislation to protect the rights of wrongfully convicted persons as a special group of victims. Furthermore, it examines the opportunities and obstacles in conducting postconviction DNA testing within Croatian law. Furthermore, it showcases preliminary findings from field research conducted across four county courts in Croatia, highlighting challenges in establishing new evidence (“novum”) and reopening criminal cases. The methodology integrates various approaches: the historical method traces the evolution of Innocence Projects in the US and Europe; the theoretical method provides an analytical framework for understanding the principles underpinning the Innocence Movement and common reasons for miscarriages of justice; the comparative method contrasts operational models in adversarial and continental law systems; the normative method details Croatian laws on DNA evidence; and the case-study method reviews judicial practices in the County Courts of Split, Rijeka, Osijek, and Zadar. The research spans cases from 2011 to 2021 and includes semistructured interviews with judges to explore challenges in renewing criminal procedures, issues with DNA evidence, and the implications of current legislation. The paper is divided into three parts: the first part introduces the origins, nature, and scope of Innocence Projects in the US and Europe; the second part focuses on the Croatian Innocence Project and relevant laws; and the third part presents field research findings, court practices, and Supreme Court positions regarding the novum criteria. The final chapter summarizes practices and experiences, offering recommendations and conclusions.</p> |
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| ISBN: | 978-0-85014-000-2 |
| DOI: | 10.5772/intechopen.115287 |