I am looking to be more specific is whether or not an Exonerated convict can actually sue the state for putting him behind bars for a crime he didnt commit......The thing is i've heard that he can't....Is this true??????
2006-12-12 15:17:59 · 7 answers · asked by Nate B 2 in Politics & Government ➔ Law & Ethics
Usually, you can't, unless in certain circumstances you can prove blatant and willful prosecutorial misconduct. Sometimes, in a case like this, you can petition the state legislature for funds. Talk to your state congressman and explain the situation. If he is sympathetic, he might be able to convince his colleagues in the state legislature to help you get on your feet.
2006-12-12 15:33:38 · answer #1 · answered by redhotsillypepper 5 · 1⤊ 0⤋
yes and no. different states have different laws covering wrongful conviction and confinement. specific laws must be met with as far as tort claims against a state. contact an attorney for specifics. you may have a case you can pursue, or you may not. legal expertise is needed to give you a proper answer. that means an attorney in your state. you can do some research at a local law library, but unless you know what you're looking for, don't bother. it'll just confuse you,and you won't get much help without a lawyer.
2006-12-12 15:44:09 · answer #2 · answered by de bossy one 6 · 0⤊ 0⤋
It really depends on the state, but here's part of an article I found about Massachussetts:
-Those wrongfully convicted of a crime in Massachusetts can now sue the state for up to $500,000 under one of 19 bills signed into law Thursday by Lt. Gov. Kerry Healey.
-To be eligible under the wrongful conviction law, a person must have served time in jail. He or she must have received a pardon by the governor with a statement of belief of innocence, or had his or her conviction overturned or dismissed by a court.
-The person must also show he or she did not commit the crimes for which he or she was imprisoned. The bill applies retroactively to anyone wrongfully convicted in Massachusetts. The amount of money is based on the length of the prison sentence and the income the person would have earned.
-In addition to money, the wrongfully convicted are also eligible for a tuition break at state colleges and services to help them overcome emotional or physical difficulties resulting from their imprisonment.
-State Rep. Patricia Jehlen, D-Somerville said, "If the state takes your property, they need to pay you. In this case the state took some of the best years of their lives. It's a matter of simple justice."
Also from Texas:
-Texas has awarded more than $450,000 to a man who was exonerated by DNA evidence after spending 18 years in prison for a sexual assault conviction.
-Arthur Mumphrey was released from prison in January after his lawyer found DNA evidence clearing him in the rape of a 13-year-old girl. Mumphrey had been sentenced in 1986 to 35 years in prison.
-Gov. Rick Perry pardoned Mumphrey in March, clearing his record and making him eligible for compensation. Under state law, a person pardoned based on innocence is eligible for up to $25,000 for each year in prison with a cap at $500,000.
2006-12-12 15:39:20 · answer #3 · answered by Kristy T 2 · 0⤊ 0⤋
No: it generally takes passage of a special law to compensate a person for wrongful prosecution and incarceration in the USA. In The UK, on the other hand, such compensation is routinely awarded under existing law.
2006-12-12 15:46:05 · answer #4 · answered by Anonymous · 5⤊ 0⤋
I have heard of such lawsuits, and some states have actually paid. I found this reference: http://www.1union1.com/wrongful_conviction.html
2006-12-12 15:27:22 · answer #5 · answered by OK yeah well whatever 4 · 0⤊ 0⤋
I would think they could sue. these days you can sue anybody over anything. Go for it !
2006-12-12 15:52:12 · answer #6 · answered by srstephens 4 · 0⤊ 0⤋
I don't know but they pay them back no matter what lots of money
2006-12-12 15:48:26 · answer #7 · answered by moparvsford 2 · 0⤊ 0⤋