Wrongfully Convicted: Guilty Pleas, Imagined Crimes, and What Canada Must Do to Safeguard Justice

by Kent Roach

A top legal scholar explains Canada’s national tragedy of wrongful convictions, how anyone could be caught up in them, and what we can do to safeguard justice.

Canada’s legal system has a serious a significant but unknown number of people have been convicted for crimes they didn’t commit. There are famous cases of wrongful convictions, such as David Milgaard and Donald Marshall Jr., where the system convicted the wrong person for murder. But there are lesser-known people who feel they have no option but to plead guilty, and people convicted of crimes that were imagined by experts or the police that never, in fact, happened.

Kent Roach, cofounder of the Canadian Registry of Wrongful Convictions, award-winning author, and law professor, has dedicated his illustrious career to documenting flaws in our justice system. His work reveals that the burden of wrongful convictions falls disproportionately on the disadvantaged, including Indigenous and racialized people, those with cognitive issues, single mothers, and the poor.

Wrongfully Convicted raises awareness about wrongful convictions at a time when DNA exonerations are less frequent and the memories of most famous wrongful convictions are fading. Roach makes a compelling case for change that governments have so far lacked the courage to make. They include better legislative regulation of police and forensic experts and the creation of a permanent and independent federal commission both to investigate wrongful convictions and their multiple causes.

Roach’s research and vast knowledge point to systemic failings in our legal system. But he also outlines vital changes that can better prevent and correct wrongful convictions. Until we do, many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians.

Genres: Nonfiction, True Crime

400 pages, Hardcover

Published April 18, 2023

Reviews

[Farzeen Ather · Rating 5 out of 5]

9/10

My biggest praise for this book is the names and cases of those individuals and their families who were horrendously failed by our criminal justice system being brought to light. A brilliant starting point for anyone interested in unjust policing practices, psychological biases and stigma against some of our most marginalized populations, and pragmatic suggestions for every actor within the CJS--from cops to prosecutors to judges--to help prevent wrongful convictions and also exonerate and compensate such individuals.

Every law student needs to read this. And shoutout UBC Innocence Project! <3

[Megan Martin · Rating 4 out of 5]

It took me a long time to get through but this is not a fault of the book. This book takes a very interesting glimpse into the wrongfully convicted in Canada and the criminal justice system as a whole. I particularly enjoyed that there were Newfoundland specific cases on this book. However, I took a star off because the last couple of chapters were less interesting to me because they discussed the political side of things versus discussing the wrongfully convicted victims stories.

[audrey · Rating 5 out of 5]

A must read for anyone involved in the Canadian justice system.

[Stitching Ghost · Rating 5 out of 5]

Mr. Roach makes a strong case on how Canada lags behind in taking wrongful convictions seriously and in doing anything tangible to protect people from them.

He demonstrates that the system incentivizes guilty pleas through a variety of means while defendants often have little access to a quality representation and information as well as limited defense options when faced with "experts", which means if you're marginalized, you're likely to end up pleading guilty to something you haven't done in order not to risk the heavier sentence.

Sure the "criminal class" isn't the most sympathetic one and it's rarely glamorous to make any noise for it but we must not forget that it takes only an accident of fate for one to end up being part of it even if only through the imagination of law enforcement and the judicial system, so you should care because tomorrow it could easily be you in the accused seat. Mr. Roach makes sure to hammer this home with the use of several cases in which no crime was actually committed. Which brings us back to the aforementioned "experts", throughout the book Roach often refers to a particular expert who was almost singlehandedly responsible for a number of wrongful convictions to ruinous consequences for the convicted individuals and their families. It was absolutely chilling to realize that said expert thought it was his job to make the prosecution's case look good more so than to present facts and that the situation was just allowed to play out for years and years.

If you enjoy picking apart Canadian exceptionalism and taking a good hard look at what Canada really is all about, you won't be disappointed with this one.

4.5/5 rounded up.

I received an eARC of this book from Simon & Schuster Canada through NetGalley in exchange for an honest review.

[Lynn · Rating 4 out of 5]

Most Canadians that are Gen X are acutely aware of David Milgaard's wrongful conviction either via the news or The Tragically Hip. This book examines not only David Milgaard's saga with clearing his name but also several other Canadians who have also been wrongfully accused. Shedding further light on the mistreatment of Indigenous peoples in Canada as well as people of colour, who overrepresent our prison population. It examines not only poor policing methods but also the terrible best practices that have been accepted for expert opinions and witnesses (both jailhouse and false witnesses).

The people who are brought to light by Kent Roach left me upset, which I assume is the ultimate goal of the book. The book highlights how far behind Canada is in it's justice system from other countries, including the US and even the state of Texas. This was eye opening for me.

I finished this book on the same day that a cabinet shuffle was announced. We now have a new Minister of Justice. My fingers are crossed that Arif Virani can move forward with the much needed changes in our justice system not only for wrongful convictions but also to improve the quality of policing & the courts.

I recommend this book to anyone who is interested in this area. Otherwise you may find it overly political. However it really will educate you about the behind the scenes of our justice system if you are privileged enough to not have to be a part of it. For that reason alone it is worth picking up.

[Shelby Brown · Rating 4 out of 5]

Thank you to NetGalley and the publisher for a free arc of this book, in exchange for an honest review.

This was a very eye opening and heartbreaking look at wrongful convictions in Canada, and how the Justice system very much fails people who have been wrongfully convicted. Many people think wrongful convictions are American phenomenon, but Canada has its own sordid history as well.

I felt the author did a great job at looking at all the many factors that contribute to wrongful convictions. He covered many wrongful conviction cases, both famous and not well known. He also went into many of the issues with the legal system that prevent wrongful convictions from being corrected, and compared them to how legal systems in other companies operate. This book did get a little dry in the second half, but the author still did a good job at covering a very important topic. I feel like this is a book Canadians should be reading, as it is a very eye opening look into how wrongful convictions can happen to anyone, and more must be done to prevent them.

[William · Rating 4 out of 5]

An educational read on many lesser known wrongful convictions in Canada. The author clearly has strong political belief and social justice concerns. I enjoyed the book but it was, at times, too heavy on his political and social justice views. However the crux of the matter is that there are wrongful convictions. Canadian police and prosecutors are not infallible. The hurdle to overcome and reverse such convictions is to be honest difficult and expensive at so many levels. The process moves so slowly and is stacked against those who attempt to overturn their wrongful convictions. The author proves this over and over.

[Jacob Goldis · Rating 4 out of 5]

Extremely detailed analysis exposing the flaws of our criminal justice system and how we continuously fail to correct and address wrongful convictions in Canada. Public opinion has played a major role in making us believe that America has it worse, when in many ways it’s the exact opposite. This book is not (just) a cry out for help, it provides viable and feasible solutions that can be implemented to prevent and correct wrongful convictions, and isn’t afraid to call out the individuals and organizations standing in the way.

[ella · Rating 2 out of 5]

Thank god this is over. Jesus where to begin. Ok the premise of this book is intellectually interesting but leaves something critical behind...has Roach ever heard of abolitionism lmfao. Also the main thesis is this book is that the police and system is often bad at its purpose...yes babe♥️ we know. Also just totally unreadable. At what point will lawyers stop talking, we'll never know. Get this guy an editor. Jesus Christ.

[Anne V · Rating 5 out of 5]

Took a while to read this one as I had to keep stopping before I exploded with fury. As a practicing lawyer I've long been aware that the level of injustice in the "justice" system is intolerable, this book made it clear that it's worse than I imagined.

Important read for everyone involved --even peripherally-- in the criminal justice system should give this a read.

[Aidan Perreault · Rating 4 out of 5]

Impressive! Would recommend for the right person.

Roach draws on both legal and journalistic sources to present powerful insights from dozens of wrongful convictions cases. It's both comprehensive (at least from the Canadian perspective) and incisive. It's a helpful and exciting introduction to the topic, but also a useful reference work.

[Claire · Rating 5 out of 5]

5 stars for Kent.

[Janelle · Rating 4 out of 5]

Kent Roach is a national treasure. Important topic, written accessible for the lay person.