If a person is arrested have held before and during his trial and then acquitted should the state compensate him for his time in prison? During that time he probably lost his job and acquired tons of legal and other bills.
Does it change your answer if the person is proven not guilty, like with DNA?
2007-09-21 14:11:42 · 5 answers · asked by arvis3 4 in Politics & Government ➔ Law & Ethics
Tough question. What is justice? That is really what you are asking. There should be some type of protection against false accusation. However, society cannot afford to throw money at everyone who believes he was wronged by the justice system. Some who were proven not guilty after decades in jail can never be compensated. There is just no way to do it. Others should have something attached to their record noting their lack of guilt at the very least.
2007-09-21 14:26:45 · answer #1 · answered by Jack 7 · 0⤊ 1⤋
If an individual has been falsely charged, held (with or without atty counseling) and then acquitted (cleared, freeed of all charges or suspicion), and lost job, pay, emotional trauma, and whatever else has gone against him/her, I feel they should, just like in a punitive damages case, should absolutely receive monetary back pay, and reinstated with their job, they should be brought totally back to where they were prior to the mess. This is part of what is wrong with the judicial system today, that people are wrongfully identified either by line-up or mug shot, white, black, hispanic, whoever, and cops are too zealous to make a collar these days. They're not exercising caution the way they should before ruining some poor innocent's life and livelihood. Especially when they are coerced into making a false confession. WRONG WRONG WRONG!
Absolute compensation! And the cops should lose their badges! Period! This is rampant in this country and HAS TO STOP!
2007-09-21 14:26:11 · answer #2 · answered by bpgagirl22 5 · 1⤊ 1⤋
No. The acquitted person can always use a Civil remedy, such as a suit for Defamation, etc.
2007-09-21 14:43:21 · answer #3 · answered by cyanne2ak 7 · 1⤊ 0⤋
definitly, too many innocent people get put in jail in this country. the police, prosecuters & feds, are too willing to fabricate cases to put people in prison for various reasons other than they have committed a crime (see leonard peltier for one). yet at the same time they are willing to turn their backs when someone rich or a politician breaks the law no matter how serious the crime is.
2007-09-21 14:26:27 · answer #4 · answered by che_lives 2 · 0⤊ 0⤋
If he is proven not guilty beyond a shadow and his accuser has money, his accuser should be forced to pay him for his trouble. If he gets off on a technicality, he should not be compensated.
2007-09-21 14:20:43 · answer #5 · answered by wo_manifest 4 · 1⤊ 2⤋