Miscarriages of Justice & the Acquittal Remedy: A Case Study

In "Miscarriages of Justice & the Acquittal Remedy: A Case Study," delve into the profound and often catastrophic failures of the justice system through the lens of a landmark wrongful conviction. This course unpacks the R v. Bouvet case, exploring how flawed forensic opinions, institutional oversights, and critical disclosure failures led to a guilty plea for a crime never committed.

• Examine the initial case facts, the dynamics of plea bargaining, and the pivotal lack of timely disclosure that compounded the injustice.
• Unpack the statutory framework governing appellate remedies, including Sections 686.1, 686.2, and 696.1 of the Criminal Code, and their application in redressing wrongful convictions.
• Analyze the Supreme Court’s majority and concurring opinions, contrasting their approaches to remedial judgments and the significance of a principled framework for future cases.
• Investigate the role of unreliable expert evidence and the systemic fragilities that allow flawed forensic pathology to contribute to miscarriages of justice.
• Explore the complex intersection of guilty pleas with systemic coercion, misinformation, and the profound vulnerabilities of marginalized individuals.
• Learn effective advocacy strategies for post-conviction cases, including advanced factum drafting, oral arguments, and policy recommendations.
• Reflect on the ethical implications for legal professionals, institutional accountability, and the ongoing challenge of rebuilding public trust post-exoneration.

This course offers a comprehensive understanding of wrongful convictions, equipping learners with the knowledge to identify systemic flaws, advocate for justice, and contribute to meaningful legal reform.