How can the state repay a man who was wrongly convicted and inprisoned for years?

Question

Usually, all they do, if anything is give him money, but think where that money comes from- the taxpayers. Why don't they jail the judge, law enforcement or over zealous prosecuter who only used the innocent man to build up their resume so they could advance their career?

Answer 1

Because the judge didn't break any criminal laws, so he did not do anything that warrants being put into jail.

The conviction was the result of a jury -- civilians -- determining that the person did commit a crime. And that "fact" was proved beyond a reasonable doubt, in a proceeding where the defendant often has significant advantages in terms of legal representation and legal presumptions in his favor.

Mistakes happens. That's part of human nature. But you can't punish people like judges and prosecutors when they were acting in good faith and just trying to do their jobs honestly.

In contrast, you can punish them for prosecutorial misconduct if they act in bad faith. But that doesn't benefit the person who was wrong convited. Mistakes happen. That's just how it is.

Answer 2

I think you are going a little overboard here. Sometimes, people are in the wrong place at the wrong time. It is a true tragedy. But I doubt that any judge, law enforcement or 'over zealous prosecuter' has convicted innocent men and women on purpose. Sometimes, all the evidence points in one direction. And that is what happens. Do you honestly think the moral majority of judges/law enforcement/prosecutors would feel good about convicting an innocent person if they had any inkling that person was in fact innocent? Good grief. If that were the case, our jail cells would be more overloaded than they already are. Mistakes are made. And like I said before, it is a tragedy when that happens. But statistically, it is a true rarity, not the norm.

Answer 3

That is assuming they did something wrong.

I used to work for the Ohio Innocence Project when I was in Law School.

For more information go to www.law.uc.edu..then go to the Ohio innocence Project on the clinics link.

Many times the innocent wrongly convicted were just in the wrong place at the wrong time. Or the facts lined up to look like they did it but they did not, witnesses lie or are mistaken...eye witness identification is the number one cause of wrongful convictions,

Many of the clients we helped get released...Dateline just did a story on one such man 3 weeks ago were fingered by a witness who later recanted or was proved wrong.

In cases where prosecutors, judges, CSI personel, or police act wrongfully should be punished and many times are...In Cleveland a few years ago several CSI personel were convicted of tampering with evidence.. it does happen but in most cases the law enforcement personel did nothing wrong.

Who would want to be a prosecutor, police officer, or judge if you could be jailed because an innocent person was convicted and you did nothing wrong?

Answer 4

Only a few states offer some money, most do not....they give an apology and send them on their way. The ones that do give some money usually limit it to $1000/year of time served (ie. South Carolina). And they are legally protected from lawsuit in the case of jury convictions....I believe the principle is called Sovereign Immunity.

Answer 5

certain, yet more suitable powerful nonetheless to verify a minimum of 8 of those 10 convicted, and the chance free guy pass loose besides. Sorry, yet I truthfully have few illusions about both the CPS or the favored of the defence as paid for by legal help. the finished equipment, jointly with the appeals procedure, desires to be revisited.

Answer 6

Repaying them is important, but you really can't jail the judge or the prosecutors: They did the best that they could with the evidence that they had. How can you compensate someone for all of the years that they lost? You really can't, but we can try very hard to not make those sorts of mistakes in the future.

Answer 7

Well, quite frankly, because he was most likely convicted by a jury. If he plea bargained, it's HIS fault. If he was convicted by a jury, the jury should NOT be responsible. Also, the court is not responsible if his appeals were unsuccessful. Quite frankly, appellate courts are the "safety net" for just this problem, and they work very well. As for suing police, etc. sovereign immunity will prevent that. If the state pays him at all, they're just being nice. They have no duty to pay.

Answer 8

Because they were just doing their job and unless they did anything illegal can't be held accountable because in the end they are convicted by the jury.

To be honest there is NO way you can repay loss of time. It is something that sadly happens in this country and there is nothing you can do to give them their years back.

Answer 9

i dont think that they can repay him...he will never have the time back that he missed, and many people will still think he is guilty and treat him like it, no matter what evidence came to light that got him off....it is unfair that all he will get is money...i think if all the people who were apart of him getting convicted got punished that would cause problems, too...they wouldnt try people as hard, for fear of something like this, and then lots of criminals would get off alot easier....i think that money is probably the best that can be done, sad to say :(

Answer 10

I don't know if they truly can be repaid, but alot of cash would be a good start, since they will probably have trouble finding a real job other than being on talk shows right after release.