130-531: The Criminal Cases Review Commission ( CCRC ) is the statutory body responsible for investigating alleged miscarriages of justice in England , Wales , and Northern Ireland . It was established by Section 8 of the Criminal Appeal Act 1995 and began work on 31 March 1997. The commission is the only body in its area of jurisdiction with the power to send a case back to an appeals court if it concludes that there
260-529: A declaratory judgment action in the United States District Court for the Northern District of California on January 20, 2006, seeking a judicial determination that Internet Archive did not violate Shell's copyright . Shell responded and brought a countersuit against Internet Archive for archiving her site, which she alleges is in violation of her terms of service . On February 13, 2007,
390-548: A pornographic actor named Daniel Davydiuk tried to remove archived images of himself from the Wayback Machine's archive, first by sending multiple DMCA requests to the archive, and then by appealing to the Federal Court of Canada . The images were removed from the website in 2017. In 2018, archives of stalkerware application FlexiSpy's website were removed from the Wayback Machine. The company claimed to have contacted
520-595: A biased interpretation of whatever information is available, followed by selectively searching for information which supports this interpretation. In police investigations, this comes into play when detectives identify a suspect early in an investigation, come to believe he or she is guilty, and then ignore or downplay other evidence that points to someone else or doesn't fit their hypothesis about what occurred. A number of factors contribute to this process. First, police officers often have heavy workloads and, in high-profile cases, often come under considerable pressure to catch
650-518: A body like the CCRC had long been promoted by the organisation JUSTICE, which had been the inspiration and support for Rough Justice . The 2011 documentary described the establishment of the CCRC as "the very thing" that JUSTICE and its leader Tom Sargent had been arguing for since the 1960s, and its creation was described as a "posthumous achievement" for Sargent, whose idea it originally was. Rough Justice producer Simon Ford observed that "nearly everybody who
780-414: A calendar layout with circles whose width visualizes the number of crawls each day, but no marking of duplicates with asterisks or an advanced search page. A top toolbar was added to facilitate navigating between captures. A bar chart visualizes the frequency of captures per month over the years. Features like "Changes", "Summary", and a graphical site map were added subsequently. In March that year, it
910-628: A case that had already been to the Court of Appeal (or the Northern Ireland Court of Appeal) was a direct appeal to the Home Secretary or the Secretary of State for Northern Ireland . Only these officials had the power to order the court to hear a case again. This power was limited to cases tried on indictment, and only four or five cases were referred each year from around 700 applications. The power
1040-536: A ceremony at the University of California, Berkeley . By the time the Wayback Machine launched, it already contained over 10 billion archived pages. The data is stored on the Internet Archive's large cluster of Linux nodes. It revisits and archives new versions of websites on occasion (see technical details below). Sites can also be captured manually by entering a website's URL into the search box, provided that
1170-406: A consequence there were negative effects for the entire group. The extent of wrongful sanctions varies between societies. When a crime occurs and the wrong person is convicted for it, the actual perpetrator goes free and often goes on to commit additional crimes, including hundreds of cases of violent crime. A 2019 study estimated that "the wrong‐person wrongful convictions that occur annually [in
1300-472: A crime they did not commit seems unlikely - and yet this occurs so often, the Innocence Project found false confessions contribute to approximately 25% of wrongful convictions in murder and rape cases. Certain suspects are more vulnerable to making a false confession under police pressure. This includes individuals who are intellectually impaired , and those who suffer from mental illness . Saul Kassin ,
1430-448: A crime was committed. Because of the pressures described above, such hypotheses are sometimes based on the expectations and preconceptions of the investigators rather than on solid facts. A study in the Journal of Investigative Psychology and Offender Profiling found that "criminal investigations which aim at generating evidence confirming an ill-founded hypothesis pose serious threats both to
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#17328547624241560-477: A given Web page was accessible to the public. These dates are used to determine if a Web page is available as prior art for instance in examining a patent application. There are technical limitations to archiving a website, and as a consequence, opposing parties in litigation can misuse the results provided by website archives. This problem can be exacerbated by the practice of submitting screenshots of web pages in complaints, answers, or expert witness reports when
1690-535: A judge for the United States District Court for the District of Colorado dismissed all counterclaims except breach of contract . The Internet Archive did not move to dismiss the copyright infringement claims that Shell asserted arose out of its copying activities, which would also go forward. On April 25, 2007, Internet Archive and Suzanne Shell jointly announced the settlement of their lawsuit. The Internet Archive said it "...has no interest in including materials in
1820-519: A leading expert on false confessions, says that young people are also particularly vulnerable to confessing, especially when stressed, tired, or traumatized. Police often use coercive manipulation techniques when conducting interrogations in hopes of obtaining a confession. In the United States, one of these is known as the Reid Technique after the officer who developed it, John Reid. Introduced in
1950-436: A media presents crime-related issues may have an influence not only on a society's fear of crime but also on its beliefs about the causes of criminal behavior and desirability of one or another approach to crime control. Ultimately, this may have a significant impact on critical public beliefs about emerging forms of crime such as cybercrime, global crime, and terrorism. Some wrongfully sanctioned people join organizations like
2080-546: A mixture of other offences, mostly serious and indictable-only . The Criminal Appeal Act 1995, which created the commission, requires it to consider applications regarding convictions from both the Crown Court and magistrates' courts . About 90% of all applications received, and 95% of the commission's referrals, relate to Crown Court cases for which the appellate court is the Court of Appeal . Magistrates' court cases are appealed in
2210-443: A murder that had been committed by his neighbour. Until 2005, the parole system assumed all convicted persons were guilty, and poorly handled those who were not. To be paroled, a convicted person had to sign a document in which, among other things, they confessed to the crime for which they were convicted. Someone who refused to sign this declaration spent longer in jail than someone who signed it. Some wrongly convicted people, such as
2340-420: A new data centre in a Sun Modular Datacenter on Sun Microsystems ' California campus. As of 2009 , the Wayback Machine contained approximately three petabytes of data and was growing at a rate of 100 terabytes each month. A new, improved version of the Wayback Machine, with an updated interface and a fresher index of archived content, was made available for public testing in 2011, where captures appear in
2470-403: A new legal argument that makes the case look significantly different. This evidence or argument must not have been considered at the time of the trial, at the initial appeal, or in an earlier application to the commission. Again, there is an "exceptional circumstances" caveat that allows the commission to refer cases with no new evidence or argument, but such instances are extremely rare. In 2009,
2600-494: A predetermined number of hyperlinks based on a preset depth limit, so it cannot archive every hyperlink on every page. In a 2009 case, Netbula, LLC v. Chordiant Software Inc. , defendant Chordiant filed a motion to compel Netbula to disable the robots.txt file on its website that was causing the Wayback Machine to retroactively remove access to previous versions of pages it had archived from Netbula's site, pages that Chordiant believed would support its case. Netbula objected to
2730-440: A secured facility or laboratory. Contamination can be introduced unintentionally by material that was not present when the crime was committed by anyone entering the crime scene after the event - by uninvolved witnesses who may become suspects , and by emergency responders , fire fighters , police officers and crime scene investigators themselves. If proper protocols are not followed, evidence can also be contaminated when it
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#17328547624242860-404: A separate inquiry post-exoneration to determine the degree of compensation the victim is entitled to. While most societies agree that a person who did not commit a crime and served a long imprisonment is entitled to significant compensation, it may not be justified, for example, to award compensation to a person who is still believed to have committed a prima facie criminal act but whose conviction
2990-501: A site blocked the Internet Archive, any previously archived pages from the domain were immediately rendered unavailable as well. In addition, the Internet Archive stated that "Sometimes, a website owner will contact us directly and ask us to stop crawling or archiving a site. We comply with these requests." In addition, the website says: "The Internet Archive is not interested in preserving or offering access to Web sites or other internet documents of persons who do not want their materials in
3120-505: A site might be included in more than one crawl list, so how often a site is crawled varies widely. A "Save Page Now" archiving feature was made available in October 2013, accessible on the lower right of the Wayback Machine's main page. Once a target URL is entered and saved, the web page will become part of the Wayback Machine. Through the Internet address web.archive.org, users can upload to
3250-427: A society's popular beliefs about crime. Because our understanding of crime is socially constructed, it has been shaped by many factors other than its actual occurrence. Mass media may also be faulted for distorting the public perception of crime by over-representing certain races and genders as criminals and victims, and for highlighting more sensational and invigorating types of crimes as being more newsworthy. The way
3380-458: A substantial, irreversible effect on the person and their family. The risk of miscarriage of justice is therefore also an argument against long sentences, like a life sentence, and cruel prison conditions. Wrongful convictions appear at first to be "rightful" arrests and subsequent convictions, and also include a public statement about a particular crime having occurred, as well as a particular individual or individuals having committed that crime. If
3510-479: A user commented, "There needs to be a Scientists' March on Washington". The site is used heavily for verification, providing access to references and content creation by Misplaced Pages editors . When new URLs are added to Misplaced Pages, the Internet Archive has been archiving them. In September 2020, a partnership was announced with Cloudflare to automatically archive websites served via its "Always Online" service, which will also allow it to direct users to its copy of
3640-401: A variety of reasons including: personal ill-will towards the defendant , the desire to be paid, the desire to get a deal from prosecutors or police, or an effort to deflect attention from a person's own involvement in a crime. An innocent person is more likely to be convicted when one or more witnesses have an incentive to testify, and those incentives are not disclosed to the jury. According to
3770-541: A witness who is anxious or nervous is lying. The manner in which experts testify may have a greater impact on judges and lawyers who prefer experts who provide clear, unequivocal conclusions. The credentials and reputation of the expert also have a significant impact on juries. For example, Charles Smith was head of the Ontario Pediatric Forensic Pathology Unit from 1982 and the most highly regarded specialist in his field. His testimony led to
3900-441: Is a real possibility that the court will overturn a conviction or reduce a sentence. Since starting work in 1997, it has on average referred 33 cases a year for appeal. From 31 March 1997 to 30 September 2017, the commission referred 634 cases back to appeals courts, or almost one case for every eight working days (see casework statistics below). Those referrals came from a total of 21,780 cases closed during that period, meaning that
4030-673: Is also authorized by Article 3 of Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 10 of the American Convention on Human Rights . Many jurisdictions worldwide provide some kind of remedy for those wrongfully convicted. As victims often face a variety of severe negative psychological, social, and financial consequences, they may be offered an opportunity to seek financial compensation. However, most jurisdictions require
Criminal Cases Review Commission - Misplaced Pages Continue
4160-405: Is available. Two Icelandic studies based on self-report conducted ten years apart found the rates of false confession to be 12.2% and 24.4% respectively. These figures provide a proxy for miscarriages of justice because erroneous confessions are likely to lead to wrongful convictions. A more recent Scottish study found the rate of self-reported false confessions among a group of inmates in one prison
4290-668: Is based in part upon Recommendations for Managing Removal Requests and Preserving Archival Integrity , known as The Oakland Archive Policy , published by the School of Information Management and Systems at University of California, Berkeley in 2002, which gives a website owner the right to block access to the site's archives. Wayback has complied with this policy to help avoid expensive litigation. The Wayback retroactive exclusion policy began to relax in 2017, when it stopped honoring robots on U.S. government and military web sites for both crawling and displaying web pages. As of April 2017, Wayback
4420-400: Is being analyzed or stored. A miscarriage of justice can occur when procedures to prevent contamination are not carried out carefully and accurately. The Innocence Project says 44% of wrongful convictions are the result of faulty forensic analysis. This occurs when forensic experts inadvertently or deliberately misrepresent the significance, validity or reliability of scientific evidence. Over
4550-545: Is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification ; faulty forensic analysis ; false confessions by vulnerable suspects; perjury and lies stated by witnesses ; misconduct by police , prosecutors or judges ; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by
4680-420: Is essentially a post-appeal organisation, and applicants to it almost always need to have appealed, or at least sought leave to appeal, before the commission can agree to review their case. In some cases, where there are exceptional circumstances, the commission can review a case in the absence of a prior attempt to appeal. In order to refer a case for appeal, the commission usually has to identify new evidence or
4810-414: Is for complex querying, filtering, and analysis of captured data. Historically, the Wayback Machine has respected the robots exclusion standard (robots.txt) in determining if a website would be crawled – or if already crawled, if its archives would be publicly viewable. Website owners had the option to opt out of Wayback Machine through the use of robots.txt. It applied robots.txt rules retroactively; if
4940-466: Is ignoring robots.txt more broadly, not just for U.S. government websites. From its public launch in 2001, the Wayback Machine has been studied by scholars both for the ways it stores and collects data as well as for the actual pages contained in its archive. As of 2013, scholars had written about 350 articles on the Wayback Machine, mostly from the information technology , library science , and social science fields. Social science scholars have used
5070-461: Is no evidence available to exonerate the defendant. Studies cited by the Innocence Project estimate that between 2.3% and 5% of all prisoners in the U.S. are innocent. However, a more recent study looking at convictions in the state of Virginia during the 1970s and 1980s and matching them to later DNA analysis estimates a rate of wrongful conviction at 11.6%. A 2014 study published in Proceedings of
5200-467: Is restricted by the publisher or stored in databases that are not accessible. To overcome inconsistencies in partially cached websites, Archive-It.org was developed in 2005 by the Internet Archive as a means of allowing institutions and content creators to voluntarily harvest and preserve collections of digital content, and create digital archives. Crawls are contributed from various sources, some imported from third parties and others generated internally by
5330-448: Is significantly higher than most people tend to believe". Elizabeth Loftus , a leading researcher in the field, says memory is so unreliable "the end result can be a highly confident witness testifying in a persuasive manner at trial about a detail that is completely false". Wrongful convictions can also occur when items which become evidence at crime scenes become contaminated in the process of packaging, collection and transportation to
Criminal Cases Review Commission - Misplaced Pages Continue
5460-544: Is under siege ". The Wayback Machine's software has been developed to " crawl " the Web and download all publicly accessible information and data files on webpages, the Gopher hierarchy, the Netnews (Usenet) bulletin board system, and downloadable software. The information collected by these "crawlers" does not include all the information available on the Internet, since much of the data
5590-694: The Birmingham Six , were refused parole for this reason. In 2005 the system changed, and began to parole prisoners who never admitted guilt. Wayback Machine The Wayback Machine is a digital archive of the World Wide Web founded by the Internet Archive , an American nonprofit organization based in San Francisco , California . Created in 1996 and launched to the public in 2001, it allows users to go "back in time" to see how websites looked in
5720-589: The Guildford Four (1974), the Birmingham Six (1975), the Maguire Seven (1976), and Judith Ward (1974). These cases featured a mixture of false confessions , police misconduct , non-disclosure, and unreliable expert forensic testimony. An additional factor affecting the decision-making during the investigation and prosecution of these cases was their high public profile, resulting in pressure to obtain convictions and restore public confidence. The weaknesses in
5850-501: The Innocence Project and Witness to Innocence to publicly share their stories, as a way to counteract these media distortions and to advocate for various types of criminal justice reform. There are unfavorable psychological effects to those who were wrongfully sanctioned, even in the absence of any public knowledge. In an experiment, participants significantly reduced their pro-social behavior after being wrongfully sanctioned. As
5980-563: The Ministry of Justice . It is based in Birmingham and has around 90 staff members, plus Commissioners. Its budget for 2016–17 was around £5.4 million. Scotland has its own legal system, and there is a separate Scottish CCRC . The CCRC started work in April 1997. Between then and the end of November 2019 it has: The difference between the total number of CCRC referrals heard by the appeal courts and
6110-565: The National Registry of Exonerations , 57% of cases where the convicted person was eventually exonerated involves perjury or false accusations. This occurs in numerous ways including the concealment or destruction of exculpatory evidence; the failure to disclose exculpatory evidence to the defence; the failure to reveal that certain witnesses have been paid to testify; and the planting of incriminating evidence. An Innocence Project study found that 25% of DNA exonerations involved testimony that
6240-488: The Oval Four who were exonerated due to the CCRC in 2019, said that "had it not been for the work of my case officer, Mrs. Anona Bisping, at the CCRC, in putting together and submitting an excellent of Statement of Reasons to the Court of Appeal, my convictions may well not have been overturned. The role of the CCRC is not just necessary but vital to overturning miscarriages of justice." An anonymous individual whose conviction in
6370-437: The defendant 's or respondent 's legal team). Some prosecutors' offices undertake conviction integrity reviews to prevent, identify, and correct wrongful convictions. There are two main methods for estimating the prevalence of wrongful convictions. The first is the number of exonerations where the guilty verdict has been vacated or annulled by a judge or higher court after new evidence has been brought forward proving
6500-414: The "guilty" person is, in fact, innocent. Since 1989, the Innocence Project has helped overturn 375 convictions of American prisoners with updated DNA evidence. However, DNA testing occurs in only 5 to 10% of all criminal cases, and exonerations achieved by the Innocence Project are limited to murder and rape cases. This raises the possibility that there may be many more wrongful convictions for which there
6630-561: The 1940s and 50s, the strategy relies on deception, coercion and aggressive confrontation to secure confessions. It became the leading interrogation method used by law enforcement throughout the United States and has led to many confessions by innocent people. As of 2014, this technique was still popular with police interrogators even though the strategy produces less information from suspects, provides fewer true confessions and more false confessions than less confrontational interviewing techniques. Witnesses in police investigations may lie for
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#17328547624246760-546: The Archive would have to delete pages from its system upon request of the creator. The exclusion policies for the Wayback Machine may be found in the FAQ section of the site. Some cases have been brought against the Internet Archive specifically for its Wayback Machine archiving efforts. In late 2002, the Internet Archive removed various sites that were critical of Scientology from the Wayback Machine. An error message stated that this
6890-845: The Archive. For example, crawls are contributed by the Sloan Foundation and Alexa , crawls run by Internet Archive on behalf of NARA and the Internet Memory Foundation , mirrors of Common Crawl . The "Worldwide Web Crawls" have been running since 2010 and capture the global Web. In September 2020, the Internet Archive announced a partnership with Cloudflare – an American content delivery network service provider – to automatically index websites served via its "Always Online" services. Documents and resources are stored with time stamp URLs such as 20241124103401 . Pages' individual resources such as images and style sheets and scripts, as well as outgoing hyperlinks , are linked to with
7020-435: The CCRC had helped quash more than 100 miscarriages of justice in the preceding three years. The first governing body was composed of a Board of 15 Commission Members. The first chairman was Sir Frederick Crawford. Contrary to common opinion, it is independent of the government and not a government organisation. It is independent of the police, the courts and governments and any political body. The commissioners are appointed by
7150-589: The CCRC should stop counting certain cases as a "quashed case", such as when only a sentence is changed, or any case in which alternative convictions are upheld. He also objected to it counting its successes in terms of individual people rather than cases, and to the CCRC overturning relatively minor convictions. The commission's response to this criticism was to refer to its case work statistics which show, as mentioned above, that just over 25% of its more than 600 referrals have been for murder convictions, almost 12% have been for rapes , and 8% have been for robberies and
7280-640: The Criminal Cases Review Commission". Speaking on the 2011 documentary Retrial by TV: The Rise and Fall of Rough Justice , which focused on the history of the programme Rough Justice that had been credited with contributing to the establishment of the CCRC in 1997, High Court judge Mr Justice Sweeney commented that the commission "is undoubtedly a valuable extension of the system, particularly because it provides an independent, responsible and continuing safety net by which to catch potential miscarriages of justice and put them right". The idea of
7410-612: The Crown Court. The commission currently receives around 1,500 applications a year. Applications are made in writing by people with criminal convictions or by their representatives. It is not necessary to have a lawyer to apply to the commission, but around half of all applicants are assisted by a lawyer. Applications can relate to a conviction , a sentence , or both. Around 85% of the commission's referrals relate to convictions, and 15% to sentences. A small handful of cases have been referred for both conviction and sentence. The commission
7540-643: The Crown and also the CCRC's own independent board. In 2018, Jon Robins wrote in the New Law Journal that the commission had been underfunded by the government's austerity measures, noting that for every £10 that the commission could spend on cases in 2008, it now only has £4, and it referred only 12 cases to the Court of Appeal in 2017. The CCRC received £7 million from the MoJ in 2003/4 and £6.5 million in 2009/10. In 2017/18 its income dropped to £5.6 million. Applications to
7670-526: The National Academy of Sciences made a conservative estimate that 4.1% of inmates awaiting execution on death row in the United States are innocent. The second method for estimating wrongful convictions involves self-report. Researchers ask prisoners whether they have ever confessed to a crime which they did not commit. Self-report allows examination of any and all crimes where wrongful conviction may have occurred, not just murder and rape cases where DNA
7800-407: The Northern District of California, San Jose Division, rejected Netbula's arguments and ordered them to disable the robots.txt blockage temporarily in order to allow Chordiant to retrieve the archived pages that they sought. In an October 2004 case, Telewizja Polska USA, Inc. v. Echostar Satellite , No. 02 C 3293, 65 Fed. R. Evid. Serv. 673 (N.D. Ill. October 15, 2004), a litigant attempted to use
7930-586: The Post Office scandal was overturned due to the work of the CCRC has stated "I have nothing but praise for the work the CCRC did for me and my ex-colleagues. If you are in a similar situation where you know you have been wrongly convicted, I urge you to contact them". The University of Oxford social sciences department noted that, as well as Barry George, people such as a group of legal asylum seekers and refugees who narrowly avoided being wrongly deported in 2005 had been "spared" from miscarriages of justice "thanks to
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#17328547624248060-900: The Posthumus II committee investigated whether injustice occurred in similar cases. The committee received 25 applications from concerned and involved scientists and selected three for further investigation: the Lucia de Berk case, the Ina Post case, and the Enschede incest case. In those three cases, independent researchers (professors Wagenaar , van Koppen, Israëls, Crombag, and Derksen) concluded that confirmation bias and misuse of complex scientific evidence led to miscarriages of justice. The Constitution of Spain guarantees compensation in cases of miscarriage of justice. This includes those who have been acquitted of their charges or if their case has been dismissed. In
8190-600: The United Kingdom . Richard Foster, the Chairman of the Criminal Cases Review Commission (CCRC), reported in October 2018 that the single biggest cause of miscarriage of justice was the failure to disclose vital evidence. A major factor leading to the abolition of capital punishment for murder in the United Kingdom was the case of Timothy Evans , who was executed in 1950 after being wrongfully convicted of
8320-437: The United Kingdom a jailed person, whose conviction is quashed, might be paid compensation for the time they were incarcerated. This is currently limited by statute to a maximum sum of £1,000,000 for those who have been incarcerated for more than ten years and £500,000 for any other cases, Between 2007 and 2023 there could be deductions for the cost of food and accommodation during that time. See also Overturned convictions in
8450-511: The United States] may lead to more than 41,000 additional crimes". A series of miscarriages of justice in Canada have led to reforms of the country's criminal justice system. In 1959, 14-year-old Steven Truscott was convicted of raping and murdering a 12-year-old girl. Originally sentenced to death by hanging , his sentence was commuted to life imprisonment. He was released on parole in 1969, and
8580-422: The Wayback Machine a large variety of contents, including PDF and data compression file formats. The Wayback Machine creates a permanent local URL of the upload content, that is accessible in the web, even if not listed while searching in the https://archive.org official website. Starting in October 2019, users were limited to 15 archival requests and retrievals per minute. As technology has developed over
8710-463: The Wayback Machine archives as a source of admissible evidence, perhaps for the first time. Telewizja Polska is the provider of TVP Polonia and EchoStar operates the Dish Network . Prior to the trial proceedings, EchoStar indicated that it intended to offer Wayback Machine snapshots as proof of the past content of Telewizja Polska's website. Telewizja Polska brought a motion in limine to suppress
8840-423: The Wayback Machine contained over 25 petabytes of data. As of December 2020, the Wayback Machine contained over 70 petabytes of data. The Wayback Machine service offers three public APIs, SavePageNow, Availability, and CDX. SavePageNow can be used to archive web pages. Availability API for checking the archive availability status for a web page, checking whether an archive for the web page exists or not. CDX API
8970-608: The Wayback Machine has been unable to display YouTube comments when saving videos' watch pages, as, according to the Archive Team, comments are no longer "loaded within the page itself." The Wayback Machine's web crawler has difficulty extracting anything not coded in HTML or one of its variants, which can often result in broken hyperlinks and missing images. Due to this, the web crawler cannot archive "orphan pages" that are not linked to by other pages. The Wayback Machine's crawler only follows
9100-433: The Wayback Machine of persons who do not wish to have their Web content archived. We recognize that Ms. Shell has a valid and enforceable copyright in her Web site and we regret that the inclusion of her Web site in the Wayback Machine resulted in this litigation." Shell said, "I respect the historical value of Internet Archive's goal. I never intended to interfere with that goal nor cause it any harm." Between 2013 and 2016,
9230-583: The Wayback Machine to analyze how the development of websites from the mid-1990s to the present has affected the company's growth. When the Wayback Machine archives a page, it usually includes most of the hyperlinks, keeping those links active when they just as easily could have been broken by the Internet's instability. Researchers in India studied the effectiveness of the Wayback Machine's ability to save hyperlinks in online scholarly publications and found that it saved slightly more than half of them. "Journalists use
9360-451: The Wayback Machine to view dead websites, dated news reports, and changes to website contents. Its content has been used to hold politicians accountable and expose battlefield lies." In 2014, an archived social media page of Igor Girkin , a separatist rebel leader in Ukraine, showed him boasting about his troops having shot down a suspected Ukrainian military airplane before it became known that
9490-458: The Wayback Machine's storage capacity by 700 terabytes. In January 2013, the company announced a milestone of 240 billion URLs. In October 2013, the company introduced the "Save a Page" feature, which allows any Internet user to archive the contents of a URL, and quickly generates a permanent link unlike the preceding liveweb feature. In December 2014, the Wayback Machine contained 435 billion web pages—almost nine petabytes of data, and
9620-419: The archive calls a "three-dimensional index". Kahle and Gilliat created the machine hoping to archive the entire Internet and provide "universal access to all knowledge". The name "Wayback Machine" is a reference to a fictional time-traveling device in the animated cartoon The Adventures of Rocky and Bullwinkle and Friends from the 1960s. In a segment of the cartoon entitled "Peabody's Improbable History",
9750-432: The burden of proof, the behavior of the claimant which contributed to the (now overturned) conviction, and the claimant's prior criminal history. In some states, statutes of limitations also applies. The significant benefits of statutory schemes is that they provide money and services in compensation to individuals who have been wrongfully convicted without regard to fault or blame; they do not require claimants to prove how
9880-412: The characters Mister Peabody and Sherman use the " Wayback Machine " to travel back in time to witness and participate in famous historical events. From 1996 to 2001, the information was kept on digital tape, with Kahle occasionally allowing researchers and scientists to tap into the "clunky" database . When the archive reached its fifth anniversary in 2001, it was unveiled and opened to the public in
10010-440: The collection." On April 17, 2017, reports surfaced of sites that had gone defunct and became parked domains that were using robots.txt to exclude themselves from search engines, resulting in them being inadvertently excluded from the Wayback Machine. Following this, the Internet Archive changed the policy to require an explicit exclusion request to remove sites from the Wayback Machine. Wayback's retroactive exclusion policy
10140-431: The commission has referred for appeal around 2.91% of the applications it has considered. Of the cases it has referred, approximately 66.1% have succeeded on appeal. The cases referred for appeal by the commission tend to come from the most serious end of the criminal spectrum; just over 25% of referrals have been for murder convictions, almost 12% have been for rapes , and 8% have been for robberies . The rest relate to
10270-428: The commission have increased, from 885 in 2003/4 to 1,439 in 2017/18. It is feared that cuts to legal aid and failure to disclose evidence have increased the risk of miscarriages of justice so the commission is more needed than it was in the past. Despite this, as of 2023 the CCRC's target is to complete a minimum of 85% of cases within 12 months of receipt of the application. This target had previously been 36 weeks but
10400-468: The commission's jurisdiction was extended to cover convictions and sentences arising from the Court Martial or Service Civilian Court . The commission was the subject of a Justice Select Committee inquiry from 2014 to 2015. The inquiry received 47 written submissions and took oral evidence from 14 people. The commission is an independent non-departmental public body funded by way of a cash grant from
10530-570: The conviction turns out to be a miscarriage of justice, then one or both of these statements is ultimately deemed to be false. In cases where a large-scale audience is unknowingly witness to a miscarriage of justice, the news-consuming public may develop false beliefs about the nature of crime itself. It may also cause the public to falsely believe that certain types of crime exist, or that certain types of people tend to commit these crimes, or that certain crimes are more commonly prevalent than they actually are. Thus, wrongful convictions can ultimately mold
10660-479: The convictions of thirteen women whose children died in unexplained circumstance before it came to light that he had "a thing against people who hurt children", and "was on a crusade and acted more like a prosecutor" than a pathologist. An inquiry into his conduct concluded in October 2008 that Smith "actively misled" his superiors, "made false and misleading statements" in court and exaggerated his expertise in trials. The possibility that innocent people would admit to
10790-494: The criminal justice system exposed by these cases led to the establishment of a Royal Commission on Criminal Justice in 1991. Its mandate included considering whether changes were needed in the arrangements for considering and investigating allegations of miscarriages of justice when appeal rights have been exhausted. Evidence was gathered over a two-year period. The Royal Commission published its report in July 1993. It concluded (adopting
10920-407: The death penalty. When condemned persons are executed before they are determined to have been wrongly convicted, the effect of that miscarriage of justice is irreversible. Wrongly executed people nevertheless occasionally receive posthumous pardons —which essentially void the conviction—or have their convictions quashed. Even when a wrongly convicted person is not executed, years in prison can have
11050-505: The defendant pleads guilty to the main charge in return for a more lenient sentence. Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant's conviction has been reversed or they have been pardoned, "the person who has suffered punishment as a result of such conviction shall be compensated according to law". The right to compensation
11180-518: The defendant's legal team. Eyewitness identifications are notoriously unreliable, contributing to 70% of wrongful convictions. Starting in the 1970s, psychologists studying memory formation and retention found that the way police lineups are conducted can alter an eyewitness's memory of the suspect and this often leads to misidentification . Witnesses also have considerable difficulty making accurate identifications with suspects from different ethnic groups such that "the rate of mistaken identification
11310-437: The earliest known pages was archived on May 10, 1996, at 2:08 p.m. ( UTC ). Internet Archive founders Brewster Kahle and Bruce Gilliat launched the Wayback Machine in San Francisco , California , in October 2001, primarily to address the problem of web content vanishing whenever it gets changed or when a website is shut down. The service enables users to see archived versions of web pages across time, which
11440-425: The ends (or the outcome) justifies the means. This is known as noble cause corruption . Another technique used by police is plea bargaining whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt. This generally occurs when the defendant pleads guilty to a less serious charge, or to one of several charges, in return for the dismissal of the main charge; or it may mean that
11570-627: The fairness of the Canadian justice system, especially given that Marshall was an Aboriginal : as the Canadian Broadcasting Corporation put it, "The name Donald Marshall is almost synonymous with 'wrongful conviction' and the fight for native justice in Canada." Marshall received a lifetime pension of $ 1.5 million in compensation and his conviction resulted in changes to the Canada Evidence Act so that any evidence obtained by
11700-463: The four and a half years I've been on the Commission, I have only come across two people I believed to be absolutely innocent. In all the other cases I've sent back to the Court of Appeal, I've only been able to say I thought their conviction was unsafe. I have certainly referred people back who I personally believed were guilty". In the case of Simon Hall , who had been supported by Rough Justice and
11830-629: The government. In a study of different approaches to the payment of compensation in the United States, the United Kingdom, Canada, Australia and New Zealand, only the US and the UK have statutory schemes in place. In the United States, the federal government, the District of Columbia, and 38 states have such legislation on their statutes . Twelve states have no laws requiring compensation to be paid. However, each state differs widely in regard to eligibility requirements, maximum payments, issues concerning factual innocence,
11960-520: The initial lawsuit was filed, the Archive should have removed all previous copies of the plaintiff website from the Wayback Machine, however, some material continued to be publicly visible on Wayback. The lawsuit was settled out of court after Wayback fixed the problem. Activist Suzanne Shell filed suit in December 2005, demanding Internet Archive pay her US$ 100,000 for archiving her website profane-justice.org between 1999 and 2004. Internet Archive filed
12090-623: The miscarriage of justice campaigner who was a CCRC commissioner between 2000 and 2010, described claims that the CCRC is not concerned with innocence as "nonsense". Miscarriages of justice A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding , such as the conviction and punishment of a person for a crime they did not commit . Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it
12220-430: The motion on the ground that defendants were asking to alter Netbula's website and that they should have subpoenaed Internet Archive for the pages directly. An employee of Internet Archive filed a sworn statement supporting Chordiant's motion, however, stating that it could not produce the web pages by any other means "without considerable burden, expense and disruption to its operations." Magistrate Judge Howard Lloyd in
12350-477: The number of outcomes recorded is accounted for by cases where the appeal proceedings have been heard but the judgement is awaited and a number of cases that were referred by the CCRC but the appeal was abandoned. CCRC casework statistics and other performance related data are regularly updated here. Archived 16 October 2017 at the Wayback Machine Before the creation of the CCRC, the only resort for
12480-503: The past. Its founders, Brewster Kahle and Bruce Gilliat , developed the Wayback Machine to provide "universal access to all knowledge" by preserving archived copies of defunct web pages. Launched on May 10, 1996, the Wayback Machine had saved more than 38.2 billion web pages by the end of 2009. As of November 2024, the Wayback Machine has archived more than 916 billion web pages and well over 100 petabytes of data. The Internet Archive began archiving cached web pages in 1996. One of
12610-423: The perpetrator as soon as possible. This may encourage a rush to judgement - in a process described by psychologists as involving a high need for cognitive closure (NFC) - the desire for a clear-cut solution which avoids confusion and ambiguity. Second, after spending considerable time and resources trying to build a case against a particular suspect, it becomes difficult for police to admit they may be going down
12740-532: The plaintiff were invalid, based on the content of their website from several years prior. The plaintiff, Healthcare Advocates, then amended their complaint to include the Internet Archive, accusing the organization of copyright infringement as well as violations of the DMCA and the Computer Fraud and Abuse Act . Healthcare Advocates claimed that, since they had installed a robots.txt file on their website, even if after
12870-513: The plane actually was a civilian Malaysian Airlines jet ( Malaysia Airlines Flight 17 ), after which he deleted the post and blamed Ukraine's military for downing the plane. In 2017, the March for Science originated from a discussion on Reddit that indicated someone had visited Archive.org and discovered that all references to climate change had been deleted from the White House website. In response,
13000-479: The prosecution must be presented to the defense on disclosure. In 1970, David Milgaard was wrongfully convicted for the rape and murder of Gail Miller . He was released in 1992 and compensated $ 10 million by the Saskatchewan government after having spent 23 years in prison. After being tied to it by DNA evidence, serial rapist Larry Fisher was convicted of the murder in 1999. In 1992, Guy Paul Morin
13130-399: The prosecution or police committed their mistakes. The concept of miscarriage of justice has important implications for standard of review , in that an appellate court will often only exercise its discretion to correct a plain error when a miscarriage of justice (or "manifest injustice") would otherwise occur. The risk of miscarriages of justice is often cited as a cause to eliminate
13260-439: The rest relate to a mixture of other offences, mostly serious and indictable-only . A number of the cases Woffinden himself worked on were also overturned due to the CCRC, such as that of Sion Jenkins and Barry George . In the case of James Hanratty , Woffinden successfully campaigned for the CCRC to refer the case to the Court of Appeal, only for new DNA tests to prove his guilt and cause the rejection of his appeal. As of 2024,
13390-417: The security of innocent citizens and to the effectiveness of the law-enforcement system". Police may become convinced a particular suspect is guilty but not have sufficient evidence to prove it. Sometimes they may plant evidence in order to secure a conviction because they believe it is in the public interest, or that there is a greater good, in convicting a particular person. In other words, they believe that
13520-410: The site if it cannot reach the original host. In 2014, there was a six-month lag time between when a website was crawled and when it became available for viewing in the Wayback Machine. As of 2024, the lag time is 3 to 10 hours. The Wayback Machine offers only limited search facilities. Its "Site Search" feature allows users to find a site based on words describing the site, rather than words found on
13650-411: The snapshots on the grounds of hearsay and unauthenticated source, but Magistrate Judge Arlander Keys rejected Telewizja Polska's assertion of hearsay and denied TVP's motion in limine to exclude the evidence at trial. At the trial, however, District Court Judge Ronald Guzman, the trial judge, overruled Magistrate Keys' findings, and held that neither the affidavit of the Internet Archive employee nor
13780-559: The suppression of evidence." Morin received $ 1.25 million in compensation from the Ontario government. A series of wrongful convictions were uncovered in the 2010s which had a large impact on the judicial system and undermined public trust in the Chinese justice system. Zhao Zuohai was one of the wrongful convictions, who had to serve 10 years in prison for a murder he did not commit. The alleged victim that he murdered had returned home and he
13910-545: The time stamp of the currently viewed page, so they are redirected automatically to their individual captures that are the closest in time. The frequency of snapshot captures varies per website. Websites in the "Worldwide Web Crawls" are included in a "crawl list", with the site archived once per crawl. A crawl can take months or even years to complete, depending on size. For example, "Wide Crawl Number 13" started on January 9, 2015, and completed on July 11, 2016. However, there may be multiple crawls ongoing at any one time, and
14040-415: The underlying links are not exposed and therefore, can contain errors. For example, archives such as the Wayback Machine do not fill out forms and therefore, do not include the contents of non- RESTful e-commerce databases in their archives. In Europe, the Wayback Machine could be interpreted as violating copyright laws. Only the content creator can decide where their content is published or duplicated so
14170-547: The underlying pages (i.e., the Telewizja Polska website) were admissible as evidence. Judge Guzman reasoned that the employee's affidavit contained both hearsay and inconclusive supporting statements, and the purported web page, printouts were not self-authenticating. The United States Patent and Trademark Office and the European Patent Office will accept date stamps from the Internet Archive as evidence of when
14300-677: The view expressed by Sir John May in his inquiry into the Guildford and Woolwich bombings ) that the arrangements for referring cases back to the courts were incompatible with the constitutional separation of judicial and executive powers. The recommendations of the Royal Commission led to the Criminal Appeal Act of 1995, which established the Criminal Cases Review Commission. Bob Woffinden wrote in The Guardian in 2010 that he believed
14430-486: The web pages themselves. The Wayback Machine does not include every web page ever made due to the limitations of its web crawler. The Wayback Machine cannot completely archive web pages that contain interactive features such as Flash platforms and forms written in JavaScript and progressive web applications , because those functions require interaction with the host website. This means that, since approximately July 9, 2013,
14560-404: The website allows the Wayback Machine to " crawl " it and save the data. On October 30, 2020, the Wayback Machine began fact-checking content. As of January 2022, domains of ad servers are disabled from capturing. In May 2021, for Internet Archive's 25th anniversary, the Wayback Machine introduced the "Wayforward Machine" which allows users to "travel to the Internet in 2046, where knowledge
14690-410: The wrong track. The embarrassment and loss of prestige that follows from admitting erroneous decisions may motivate investigators to continue down a chosen path and disregard evidence that points in a different direction. Third, criminal investigations are generally theory-driven activities. Investigators tend to evaluate evidence based on their preliminary theories or hypotheses about how, and by whom,
14820-591: The years, misrepresentations have been made in the arenas of serological analysis, microscopic hair comparison, and the analysis of bite marks, shoe prints, soil, fiber, and fingerprints. Overly confident testimony by expert witnesses can also lead to miscarriages of justice. The credibility of expert witnesses depends on numerous factors - in particular, their credentials, personal likability and self-confidence which all impact on how believable they are. The confidence with which experts present their evidence has also been noted to influence jurors, who tend to assume that
14950-568: The years, the storage capacity of the Wayback Machine has grown. In 2003, after only two years of public access, the Wayback Machine was growing at a rate of 12 terabytes per month. The data is stored on PetaBox rack systems custom designed by Internet Archive staff. The first 100TB rack became fully operational in June 2004, although it soon became clear that they would need much more storage than that. The Internet Archive migrated its customized storage architecture to Sun Open Storage in 2009, and hosts
15080-851: Was 33.4%. Up to 10,000 people may be wrongfully convicted of serious crimes in the United States each year. According to Professor Boaz Sangero of the College of Law and Business in Ramat Gan , most wrongful convictions in Israel relate to less serious crimes than major felonies such as rape and murder, as judicial systems are less careful in dealing with those cases. Academics believe that six main factors contribute to miscarriages of justice. These include eyewitness misidentification, faulty forensic analysis, false confessions by vulnerable suspects, perjury and lies told by witnesses, misconduct by police, prosecutors or judges and inadequate defense strategies put forward by
15210-412: Was also reactive in that the secretary could considered the issues raised by only applicants or their representatives, and could not investigate further or seek new grounds for appeal. A source of frequent criticism was that the same person responsible for the police could control whether or not a conviction was overturned. In the 1970s, a series of convictions were later found to be illegitimate: those of
15340-636: Was arrested in 1983, and sentenced to ten years in jail in 1985, but acquitted of all charges on appeal in 1986. In response to two overturned cases, the Schiedammerpark murder case and the Putten murder, the Netherlands created the "Posthumus I committee" which analyzed what had gone wrong in the Schiedammerpark murder case. The committee concluded that confirmation bias led the police to ignore and misinterpret scientific evidence, specifically DNA. Subsequently,
15470-455: Was convicted of the 1984 rape and murder of a 9-year-old girl and was sentenced to life imprisonment. In 1995, new testing of DNA evidence showed Morin could not have been the murderer, and the Ontario Court of Appeal overturned his conviction. The case has been described as "a compendium of official error—from inaccurate eyewitness testimony and police tunnel vision, to scientific bungling and
15600-480: Was freed from his parole restrictions in 1974. In 2007, the Ontario Court of Appeal overturned Truscott's conviction, based on a reexamination of forensic evidence. The government of Ontario awarded him $ 6.5 million in compensation. In 1972, Donald Marshall Jr. , a Mi'kmaq man, was wrongly convicted of murder. Marshall spent 11 years in jail before being acquitted in 1983. The case led to questions about
15730-470: Was growing at about 20 terabytes a week. In July 2016, the Wayback Machine reportedly contained around 15 petabytes of data. In October 2016, it was announced that the way web pages are counted would be changed, resulting in the decrease of the archived pages counts shown. Embedded objects such as pictures, videos, style sheets, JavaScripts are no longer counted as a "web page", whereas HTML, PDF, and plain text documents remain counted. In September 2018,
15860-447: Was in response to a "request by the site owner". Later, it was clarified that lawyers from the Church of Scientology had demanded the removal and that the site owners did not want their material removed. In 2003, Harding Earley Follmer & Frailey defended a client from a trademark dispute using the Archive's Wayback Machine. The attorneys were able to demonstrate that the claims made by
15990-399: Was involved in making miscarriages programmes wanted a criminal cases review body", and that the CCRC's creation provided an official way of looking into miscarriages, which was "a great thing". The presenter of Rough Justice David Jessel became a commissioner on the CCRC after it was founded, feeling like others that the introduction of the CCRC had "fixed" the justice system and that there
16120-413: Was known to be false by the police and another 11% involved the undisclosed use of coerced witness testimony. In other words, over one third of these wrongful convictions involved prosecutorial misconduct. Confirmation bias is a psychological phenomenon whereby people tend to seek and interpret information in ways that support existing beliefs. Two inter-related mechanisms tend to operate: it begins with
16250-513: Was no more need of television programmes to raise questions about potential miscarriages. After stepping down from his role after 10 years Jessel criticised the "caricature" of the CCRC as an "institutional villain". Commissioners have disagreed with claims that they are "too cautious" in making referrals by pointing to how they have in fact often allowed applicants to take their case to the Court of Appeal despite still suspecting them to be guilty, with former commissioner Ewan Smith saying in 2011: "In
16380-408: Was overturned due to technicalities. Four broad approaches allow for the payment of compensation following a miscarriage of justice: tort liability in common law; claims for a breach of constitutional or human rights; statutory relief where specific legislation exists to compensate individuals who are wrongfully convicted; and non-statutory relief by way of ex-gratia schemes based on the largesse of
16510-468: Was released from prison. While he was being released from prison he shared some chilling news. Zuohai shared with the police officers and officials that while he was being taken into custody he repeatedly experienced torture because they were trying to extract a confession from Zuohai. Enzo Tortora , a TV host on national RAI television, was accused of being a member of the Camorra and drug trafficking . He
16640-452: Was revised as this target had been successfully and consistently achieved in 2021/22. The CCRC was the first organisation of its kind in the world, and The Guardian noted that several high-profile prisoners "owe their freedom" to the CCRC, such as Barry George , Sally Clark and Sion Jenkins . Others who died before they could be cleared were able to be posthumously exonerated due to the CCRC, such as Derek Bentley . Winston Trew, one of
16770-512: Was said on the Wayback Machine forum that "the Beta of the new Wayback Machine has a more complete and up-to-date index of all crawled materials into 2010, and will continue to be updated regularly. The index driving the classic Wayback Machine only has a little bit of material past 2008, and no further index updates are planned, as it will be phased out this year." Also in 2011, the Internet Archive installed their sixth pair of PetaBox racks which increased
16900-488: Was the first UK case worked on by an innocence project to be granted an appeal by the CCRC, the referred applicant's guilt was later conclusively proved when he admitted his crimes. Prior to this Hall's supporters in the University of Bristol Innocence Project had accused the CCRC and Court of Appeal of not taking "claims of innocence seriously" and claimed that they hadn't been seeking "the truth of whether alleged victims of wrongful convicted are innocent or not". David Jessel,
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