Here is a link to the news item:
http://articles.news.aol.com/news/_a/after-21-years-dna-testing-sets-man-free/20061007181609990003
2006-10-09 00:45:23 · 14 answers · asked by Victor C 3 in Politics & Government ➔ Law & Ethics
In the UK he would get compensation.
In the USA there is sovereign immunity and no compensation unless -- as sometimes happens -- a special law is passed granting an ex gratia payment.
Although the DA in NY in this case did not, many DAs fight tooth and nail to prevent DNA testing out of fear it will put the prosecution and the court system in bad repute. Which of course it does, and should. By and large prosecutors don't really care if innocent people are in prison. They just want to close a case with somebody blamed and serving time. Or being executed.
2006-10-09 01:34:12 · answer #1 · answered by Anonymous · 4⤊ 0⤋
This is just awful.
I don't think there is anything anyone can do or say to give this man back what he has lost.
21 years.
Someone has to pay for this mistake... what the heck is he going to do with his life now???
I don't see a fair way for everyone to compensate him tho... but he definately will be needing a great deal of help.
He said in jail only pedophiles were lower on pecking order than rapists.... not to mention the victim was a policeman's wife.
2006-10-09 07:58:30 · answer #2 · answered by Anonymous · 0⤊ 1⤋
I think that the state should or those officers that arrested him.The people who didn't do their job to find the real criminal.It's messed up that he lost 21 years of him life in there.Who could even compensate for that?The prosecution and those lawyers should pay him.If the taxpayers have to pay him I guess we just have to think what if it happened to us.Then again people may end up sending innocent people to jail and say well if we were wrong the taxpayers will pay for it.I think someone should pay maybe even the judge back then.
2006-10-09 07:56:56 · answer #3 · answered by redanimalmuppet 3 · 0⤊ 1⤋
Can anything truly be given to this person, that will make anyone feel better for the years he's lost..for the suffering he's had to endure all these years.
Something failed this man, and it wasn't the general public. Sorry, as much as my heart goes out to this man, I don't feel as if it's us that should be paying for the travesty done.
What has the one who accused him said, or done?
What has his attorneys done?
Sorry, if it were me that had gone through this, yes, I would want my life given back to me.. I would want all those years returned to me.. I would want to scream, get even and such.. but ..
I would also be so thankful just to breath fresh air, watch the birds in the air, see the colors of the leaves change..
I wish this man a lifetime of happiness.. a good secure job, someone to love and to love him in return.. laughter. Enough money to pay his bills, enough food to make his belly full.. and to share with others.. and enough money to have some fun.
I wish him, peace of heart and mind, and the ability to let go of all that has been done to him.
2006-10-09 09:10:13 · answer #4 · answered by sassy 6 · 1⤊ 1⤋
The government has to, which of course means it comes form our tax dollars.
He should get 125% of his salary the year of his incarceration, giving 4% increases for each year behind bars, plus a lump sum payment of the amount it cost to incarcerate him every year (approx. $20,000) a year. Of course taxes would be waived on this as a waiving of the interest his income would have accrued over the years.
When faced with sizable liabilities maybe states will begin making sure they have "evidence beyond a reasonable doubt" and not evidence that is "circumstantial but good enough to get a conviction with the right jury."
2006-10-09 07:53:29 · answer #5 · answered by Anonymous · 0⤊ 1⤋
The state put him there and taxpayers support the state so yes we should compensate him financially. He lost 21 years of his freedom and no money in the world can give that back to him. This is why he deserves to get paid.
2006-10-09 07:50:59 · answer #6 · answered by Anonymous · 2⤊ 1⤋
damn right he's entitled 2 compensation, i think it should come out of the police budget or whoever set him up, but i doubt it will.
i'll gladly pay my taxes so this man can b reimbursed after being Wrongly jailed.
On another note,
with the advances in DNA, I wonder how many other people R in prison right now, 4 a Crime they did not commit?
2006-10-09 08:57:20 · answer #7 · answered by Anonymous · 1⤊ 1⤋
How do you pay someone back 21 years? He totally deserves compensation.
2006-10-09 07:57:31 · answer #8 · answered by Nana Susie 3 · 0⤊ 1⤋
No, the only time people freed from prison in error can sue for their time lost is if there was deliberate non-disclosure of exculpatory evidence by the prosecution or the cops. (Like, they knew they had evidence that showed he was innocent and they sat on it). Otherwise, Dude has to take one for the team.
2006-10-09 09:00:28 · answer #9 · answered by Anonymous · 1⤊ 2⤋
What error, he was convicted using the best evidence available at the time.
And Yea, he should be compensated for all his years in prison.
2006-10-09 08:04:42 · answer #10 · answered by Meow the cat 4 · 0⤊ 2⤋