compensation

An Examination of Compensation Following Wrongful Convictions

(Source) As mass incarceration continues to plague the United States criminal justice system, improved technology and evidence-gathering techniques seek to identify and exonerate the wrongfully convicted. Those accused of a crime may be wrongfully convicted for a variety of reasons such as eyewitness misidentifications, coerced false confessions, faulty forensics science, incompetent public defenders, and suppression of important evidence by prosecuting attorneys. Organizations such as The Innocence Project have been instrumental in helping to uncover cases of previous wrongful convictions. The increase in exonerations such as with the Central Park 5 (recently renamed the Exonerated 5) brings into focus the issue of compensation for errors in convictions that result in an innocent person time in prison for crimes he or she did not commit. In order to properly examine the issue, it is necessary to first evaluate the current system that is in place on the federal and state levels. In 2004, Congress passed the Justice for All Act which guarantees individuals exonerated of federal crimes $50,000 for every year they spent in prison and $100,000 for every year they spent on death row. This Act specifically delineates the federal compensation scheme; however, from state to state, the exonerated individuals do [read more]