In a thread dealing with the pros and cons of capital punishment, several people mentioned cases where innocent people were convicted and served long prison sentences.
If a person who has been incarcerated is later found to be innocent, how should he be compensated for the years he spent in prison?




Comments: 14
I don't remember the state, but just recently a person was released who had served a very long time and there was no compensation at all – just a "oh well, we're sorry, we had the wrong man, here's the front door, and no, we're not paying you a thing". Now that's got to be really a crappy feeling as you walk out of the door with nothing from the state that convicted you, don't you think?
Hopefully with newer forensic techniques these types of mistakes won't happen as often, but until we have a perfect justice system, which we never will, we owe something, as citizens of this country, to wrongly convicted people.
My husband's partner is a criminal attorney and there are many times that he has felt that his client has been wrongly convicted for a crime. Believe me, their clients aren't OJ and that ilk, and the truth is that if you have money in this country, you don't go to jail, and if you can afford an attorney like Charles Mesirow, my husband's partner, you have a pretty good chance of not going to jail, or certainly of having really good representation of your rights. But if you are poor and can't afford it, then you may end up behind bars for something that you didn't do. Justice isn't blind. Justice has her hand out to the highest bidder in some cases and that is a truth that most of us don't want to hear.
We owe something to those wrongly convicted – we can't give those years back and all of us, rich or poor or whatever is in between have one thing in common – time, and a finite amount of it. Would any of us want to waste away in prison or jail for something we didn't do because we didn't get good counsel?
Money doesn't buy back time, but it something…
(Counseling, life coaching, accelerated training, tax incentives to companies that provide career opportunities)
Many have provided some great solutions. I don't think I have anything to add to them.
On the flip side, I think a lot more people who are guilty are let off than innocent being incarcerated. As much as I hate to think of a person being jailed unjustly, I also hate to think of murderers and rapists being set free to offend again.
But police are under pressure to arrest and prosecutors are under pressure to convict. In response to that pressure they may identify a suspect and push to get that person convicted whether he's guilty or not. They have nothing to lose and everything to gain to make an arrest and get the case off their plate.