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Payment for being wrongly jailed. (??)
- Thread starter AAP
- Start date
strangebrew
New member
I don't think they get shit.
wnt2bBeast
New member
prolly some ludicrous amount
canadianhitman
Well-known member
It depends how bad their lawyer can make the DA look. Basically, the closer it looks to a one-in-a-million honest mistake, or if your conviction is based mostly on testimony from mistaken witnesses, the less you'll get. However, if you can prove that the prosecution was malicious, or that they failed to take normal procedural steps during the investigation that might have uncovered your innocence, ect....then you can get paid.
strangebrew
New member
strangebrew said:
Nevermind.
I think it all depends.
Here's one story:
http://www.nodp.org/ma/b_leaster2.html
It's bullshit.
You imprison a person wrongly, hell yes the state (ie: all of us) should be forced to cough up. Canadian is right, depends on the circumstances.
But talk about an additional fuck you when the state absolves itself of liability for stealing years of your life.
You imprison a person wrongly, hell yes the state (ie: all of us) should be forced to cough up. Canadian is right, depends on the circumstances.
But talk about an additional fuck you when the state absolves itself of liability for stealing years of your life.
canadianhitman
Well-known member
Here's a case to use as an example (from here in Canada). David Milgaard spent 23 years in jail for a crime he didn't commit. He and his family were awarded a $10,000,000 settlement. I'm thinking a settlement might be much higher in the USA.
http://www.truthinjustice.org/canadian_tragedy.html
http://www.truthinjustice.org/canadian_tragedy.html
wnt2bBeast
New member
canadianhitman said:
im sure there is some sort of formula for it?
lost wages and then a huge settlement for pain/suffering (but how can you really put a price on it?)
imagine losing 5 years of ur life in some shitty ass prison.wnt2bBeast said:
and most likely its a pound me in the ass prison- you lose your wife, kids family friends awho all think ur a criminal.
i say people should get millions, and all the people who testified against them (such as eye witness or anyone who said it was that guy) should be thrown in fucking jail
Razorguns
Well-known member
Yes it's wrong. But why is the state liable?
It did what it could under the circumstances. The wheels of justice worked the way it should. The state shouldn't be blamed because some information that is available now, wasn't available then. You can't control those things.
Is it sad? Of course it is. But the state did nothing wrong. It did the steps one would do, took the information it had at the time, presented it to a jury, and got a conviction.
Fortunately now, they're using DNA and other evidence full-bloom these days to avoid any problems in the future.
It did what it could under the circumstances. The wheels of justice worked the way it should. The state shouldn't be blamed because some information that is available now, wasn't available then. You can't control those things.
Is it sad? Of course it is. But the state did nothing wrong. It did the steps one would do, took the information it had at the time, presented it to a jury, and got a conviction.
Fortunately now, they're using DNA and other evidence full-bloom these days to avoid any problems in the future.
chewyxrage
New member
Razorguns said:
No, fuck that. You would feel very differently if it happened to you
Razorguns
Well-known member
XBiker said:
Nothing is wrong with arresting based upon suspect evidence.
He was found guilty by a jury. A jury that did NOT have the evidence then as they do now.
You can only sue big bucks for negligence. It's the same reason why when you're found not guilty -- you can't sue the government for "wasting your time, increasing stress for 2 years, losing your job, breaking up your gf, and 6 months of incarceration".
Most of those lawsuits wins are due to angles such as "The state had DNA access back then, but they didn't use it -- therefore they were negligent. And that negligence cost me 25 years. etc. etc.". Not a "the jury fucked up. I want money" argument.
If it makes people happy -- the system also lets out plenty of guilty people (OJ) too. Our system isn't perfect, but if anyone's got better suggetsions -- please feel free to post here.
Razorguns said:
Is that supposed to even things out?
It's ten times worse to imprison the innocent than it is to fail to imprison the guilty.
I suppose that none of the wrongly imprisoned were victims of police and prosecutory "expedience" either. Unfair interrogation techniques, coerced confessions, plea bargains...
Okay, I pulled the number "ten" out of my ass, I'm not sure how to quantify this...
StickFigure
New member
AAP said:
It seems like it usually turns out that during the time of the investigations and searches and background checks and proding and prying that they find out that the guys a slug anyway. They usually don't deserve any comp for it 'cause they should have been in the pen anyway, just for different crimes.
In Illinois, there had been shit load of such cases. The latest was a Hispanic teen ager who was convicted of raping and killing 11yrs old baby sitter. DNA evidence proved it wrong. He is close to thirty now. Only evidence was his coerced confession.
There is a moratorium on death penalty. Someone has presented a bill to pass the law that death penalty should only be awarded if there is NO DOUBT.
They are being paid pretty good money (tens of thousands per year).
They should be.
There is a moratorium on death penalty. Someone has presented a bill to pass the law that death penalty should only be awarded if there is NO DOUBT.
They are being paid pretty good money (tens of thousands per year).
They should be.
Razorguns
Well-known member
Mr. dB said:
Unfortunately, when it comes to wanting to be compensated for being treated "unfairly" by the government -- the line forms to the left.
Did you know that if you pay 10 years of child support, then one day find out by DNA that the kid isn't yours -- you still have to continue to pay child support?!!
Unfairness is everywhere. Such is life. All you can do, is try your best *and* hope for the best, that it doesn't happen to you.
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