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此文探讨了北卡罗来纳的无辜调查委员会,这一独立的委员会在推翻错案方面发挥的作用,并将之与请求联邦司法部长的加拿大制度作比。这些错判救济措施的设立可谓是重大的进展,但是不应该被孤立割裂开来考察,而须与整个刑事司法程序相联系。这表明北卡罗来纳州的错案纠正制度,较加拿大或英国的有关制度更加透明。尽管纠正冤假错案的委员会往往被认为是“纠问的”机构,仍建议需要更多考虑申请者与其代理人如何更好地参与审查程序。对北卡罗来纳委员会的两个鲜明特点,即:对事实无罪的有限聚焦与组成人员的法定范围包括法官、检察官、辩护律师、地方司法官和受害者代言人,也予以批判性评估。
This article explores the innocent commission of inquiry in North Carolina, the role played by this independent commission in overthrowing the wrong case and comparing it to the Canadian system that asked the Attorney General. The establishment of such wrong-remedy relief measures can be described as a significant step forward, but should not be isolated in isolation but rather linked to the entire criminal justice process. This shows that the system of correcting mistakes in North Carolina is more transparent than the relevant system in Canada or the United Kingdom. Although the committees that redress unjustly wrongdoers are often considered to be “queried ” bodies, it is still suggested that more consideration be given to how the applicant and his agent may be better involved in the review process. Two distinctive features of the North Carolina Board, that is, the limited focus of fact on innocence and the statutory scope of its constituent members, including judges, prosecutors, defense lawyers, magistrates and victim advocates, have also been critically assessed.