Compensating the wrongly convicted

Chet · Sep 17, 2003

This is an intersted read:

http://www.jsonline.com/news/state/sep03/170305.asp

In a nutshell, this guy lost over 17 years of his prime years for a crime he later was prioven not to commit.

What as a society is out obligation to right the wrongs of a jury of peers?

Planderella · Sep 17, 2003

I'm sure there a thousands more of innocent people locked up in jail. However, I really doubt that anything can be done about giving them their lives back once released. No amount of money is going to erase prison scars.

Duke Of Dystopia · Sep 17, 2003

Can't give back a persons lost years, but society does have a duty to make the future at least comfortable.

I like how the DA's insist they were right no matter what. If they wern't guilty for that offense, well they were scum any way and deserved it for something else. They just can't admit they were wrong.

H · Sep 17, 2003

True, but I am sure he (or anyone) would gladly take a little dinero, considering his “career” is basically shot and now he will probably end up as an elementary school janitor.

Maybe we should give him a gov. job with benefits? You know, “somewhat” security.

SGB · Sep 17, 2003

Chet said:
What as a society is our obligation to right the wrongs of a jury of peers?

It's a good question that there is no easy answer to.

I'm waiting for some legal genius (sarcasm intended) to try to make a case that the jurors and prosecutors are each personally liable for damages incurred by their actions in such a case.

In our litigious society, I sure someone will try this. Trust me.

Big Easy King · Sep 17, 2003

Being wrongly incarcerated is a very unfortunate situation that no one would ever want to go through. How in the hell do you quantify compensation for that injustice?

donk · Sep 17, 2003

Here we've had two high profile wrongful convis\ctions, Guy Paul Morin and Donald Marshall (native).

With Guy Paul Morin, it was a bit of a vendetta, he has since been compensated and considering what his life was like before, probably has had it turn out better. I say this as being a relative of the victim. Morin's family grew closer while this destroyed my relative's lives and relationships with one another and the rest of the family.

On Donald Marshall, he has used his noteriety and compensation money to break and challenge every treaty in order to show how bad the white man is. Mean while, he hunts out of season, cuts whatever wood he wants is a general fool. Him I don't feel so sorry for. I even think he has ended up in jail again on other charges.

otterpop · Sep 17, 2003

The reason I oppose the death penalty is because there is no way to compensate a wrongly convicted and executed man. You cannot make him undead and release him.

The judicial system we have is a very good one, but it is subject to abuses by prosecutors wishing to using high conviction rates for career advancement, police who are corrupt, medical examiners who are sloppy or crooked, etc.

When we make a mistake and convict and jail an innocent man, it is our responsibility as a society to 1) apologize profusely, and 2) seek generous compensation for our mistake.

Jeff · Sep 17, 2003

Chet said:
What as a society is out obligation to right the wrongs of a jury of peers?

...at minimum, the man should be free of work obligations and taxes for eternity. He and his immediate family should be generously taken care of ....

STOP THINKING OZ >>>>> STOP THINKING OZ >>>>>

How do you repay a man for sending him to prison, and having to deal with ...... man love ?

Seabishop · Sep 17, 2003

Re: Re: Compensating the wrongly convicted

Mike D. said:
...
How do you repay a man for sending him to prison, and having to deal with ...... man love ?

Give him a lifetime supply of all the woman love he could ever want?

RoadRunner · Sep 17, 2003

Re: Re: Compensating the wrongly convicted

SGB said:
I'm waiting for some legal genius (sarcasm intended) to try to make a case that the jurors and prosecutors are each personally liable for damages incurred by their actions in such a case.

no legal genius here...only a humble, second-rate, cowtown lawyer in the making...

the big question, from a legal perspective, is under what theory of law there could be compensation. clearly, there is no body of statutory law (at least in the U.S.--sorry for the Amero-centrism) that gives a released prisoner the right to compensation.

Turning to common law doctrines (i.e., judge-made law like torts), there isn't much existing legal doctrine that would justify compensation. You might argue "wrongful imprisonment," but one of the requirements for paying damages under wrongful imprisonment is that the person causing the injury (imprisoning the person) be aware that he/she is confining this person against that person's will. where a jury has determined, beyond a reasonable doubt (in theory), you really couldn't argue that the judicial system knew that it was wrongfully incarcerating someone.

just a thought from an absent legal mind.

rr

jmf · Sep 17, 2003

donk said:
On Donald Marshall, he has used his noteriety and compensation money to break and challenge every treaty in order to show how bad the white man is. Mean while, he hunts out of season, cuts whatever wood he wants is a general fool. Him I don't feel so sorry for. I even think he has ended up in jail again on other charges.

Marshall is on the straight and narrow these days. He leads a fairly private life after years in the spotlight, although he just had a lung transplant which was pretty big news around here.

Repo Man · Sep 17, 2003

I think that the state needs to establish some type of a compensation program where you get a certain amount for each year. Although you cannot put a price tag on losing a huge chucnk of your life and family, he should recieve something.

However, this guy shouldn't see a penny until he shaves off that ridiculous beard.

The Irish One · Sep 17, 2003

MONEY

Gedunker · Sep 17, 2003

Most states have victim's compensation funds. He certainly sounds like he would qualify.

In determining compensation, let us not forget the costs already borne by society for incarceration, including the capitalized costs of the structure, staff, utilities, et cetera; three meals a day;
health care; legal representation (if any), and so forth.

I like the no taxes and all the woman-love ideas best.

Cardinal · Sep 17, 2003

When this guy was released my thoughts went right away to the question of how to compensate him. Imagine that you were in his place. Seventeen years from now, do you want to restart a career as a planner I, when you should be in a director's job earning three times as much? How much have you saved towards retirement? Do you have equity in a home, or a nice retirement plan? Imagine that the kid who couldn't walk when you were sent to prison is about to start college. Imagine the times that you could not be there for your wife and kids, when they might have needed you, or you might have experienced those events that you would remember forever. Imagine not being there when a parent is dying, or having the opportunity to have another child. Think what it would be like to live your life in a small cell, unable to experience all of the world and all that is in the world that you love, knowing all the while that you are innocent. How do you compensate somebody for all of that?

Compensating the wrongly convicted

Chet

Cyburbian Emeritus

Planderella

Duke Of Dystopia

Cyburbian

H

Cyburbian

SGB

Cyburbian

Big Easy King

Cyburbian

donk

Cyburbian

otterpop

Cyburbian

Jeff

Cyburbian

Seabishop

Cyburbian

RoadRunner

Member

jmf

Cyburbian

Repo Man

Cyburbian

The Irish One

Member

Gedunker

Moderating

Cardinal

Cyburbian