B2587 - SEM. INDAGINE SUGLI ERRORI GIUDIZIARI. CAUSE, CONSEGUENZE E RIMEDI.

Learning outcomes

The seminar deals with the topic of miscarriages of justice, analysing their causes and possible remedies or risk mitigation mechanisms. Alongside a part consisting of more traditional/theoretical learning, the seminar's approach is mainly casuistic and based on the logic of problem solving applied to a transnational context (with specific focus on: Europe, the United States, South America).

The seminar also adopts a multidisciplinary method, combining - also through the involvement of specialised professionals - the analysis of the legal factors underlying the phenomenon of miscarriages of justice with the examination of the main forensic psychology studies that identify and measure the causes of errors (eg. tunnel vision, confirmation bias, interrogation techniques).

The aim of the seminar is to foster the acquisition of specific skills on a topic that is often still neglected, especially in our legal system, by understanding the complexity of the phenomenon and, through the analysis of practical cases, developing transversal skills through learning by doing.

At the end of the seminar, the students have an in-depth knowledge of the main causes of miscarriages of justice and how they arise within the criminal proceedings; they learn a method of practical analysis of relevant cases; they are able to critically assess which legal/practical/cultural traits are able to increase or reduce the risk of miscarriages of justice in a legal system; they are able to understand a complex phenomenon of great relevance to the legal system and to formulate reasoning and proposals to reduce their prevalence in the legal system.

Course contents

The aim is to prepare the student for a critical and dialectical approach to the subject matter. To this end, the following topics will be examined by means of practical cases and with a comparative approach (for a more detailed indication, see the seminar Syllabus, uploaded on Virtuale):

• Eyewitness identification and testimony (is memory really to be trusted?)
• Flawed forensic evidence;
• False confession;
• Police informants;
• Wiretapping;
• Cross-cutting factors: interrogation techniques, plea bargain, quality of (public) defenders, external pressure (eg media);
• Risk-mitigating strategies (eg videorecording, training);
• Remedies: from traditional legal remedies and reparation, to the creation of specific bodies (eg the British Criminal Case Review Commission);
• New “social” forms to address miscarriages of justice: what role for investigative journalism podcasts?

NECESSARY SKILLS:

Basic knowledge of criminal procedure is required. For students that have not attended the criminal procedure classes before, it is recommended: [IT] Caianiello M, Accusatorio e inquisitorio, 2023 (forthcoming publication); [EN] Caianiello M, Adversarial and Inquisitorial Criminal Procedure, in: Elgar Encyclopedia of Crime and Criminal Justice, Cheltenham, Edward Elgar, 2023, pp. 1 – 14 (both contributions are available on Virtuale).

Readings/Bibliography

Notes taken during the seminar.

Recommended bibliography (not mandatory):

• L. Luparia (ed.), L'errore giudiziario, Giuffrè, 2020
• S.D. Westervelt e J.A Humphrey (eds), Wrongly Convicted. Perspectives on Failed Justice, New Brunswick, New Jersey and London, 2001
• J.R. Acker, A.D. Redlich (eds), Wrongful Conviction. Law, Science, and Policy (II edition), Carolina Academic Press, 2019

Further reading material will be suggested in the course of the seminar.

Teaching methods

Given the vastness of the subject and its fragmentary nature, the adopted method will try as far as possible to be problem-based. That is, students will be confronted with cases and problems in class and will discuss them together with the lecturer.

The aim of the method followed is not to provide students with a fully fletched theoretical knowledge of the topic, but to give them the ability to critically understand the different causes that can lead to the occurrence of miscarriages of justice in different legal contexts, as well as to critically reflect on the adequacy of existing remedies.

Active participation during lectures and discussion is a fundamental part of the course and for the achievement of the qualification.

To this end, the lectures will be conducted according to the more detailed outline indicated on the seminar Syllabus, uploaded on Virtual.

The lectures will be held by Dr Giulia Lasagni. During the seminar, experts representing associations active on these issues (such as the Innocence Project or Errorigiudiziari.com) will be invited. In examining the potential of investigative journalism tools to reconstruct, mitigate or remedy judicial errors, a direct dialogue will be proposed with authors of investigative podcasts, who will be invited during the seminar (already confirmed, Stefano Nazzi, author of " Indagini").

Assessment methods

Attendance is mandatory. Students will be evaluated during the discussion that takes place during the seminar.

For Erasmus students, the syllabus and examination procedures remain unchanged.

MASTER THESES

Master theses are assigned by Dr Giulia Lasagni after an interview with the student, that shall also present a short paper (max 1 page) with a proposal for a potential topic of the thesis.

After this pre-screening phase, a topic (which may be also different from that proposed by the student) will be assigned directly by the lecturer.

The lecturer might also indicate a tutor, which will assist the student during the research.

Teaching tools

In a complementary way ppt presentations might be used, which will be uploaded on Virtuale.

Students with disabilities or Specific Learning Disorders can ask the lecturer for adaptations to their specific needs.

Office hours

See the website of Giulia Lasagni