What is appropriate compensation for a wrongful conviction?
James Tillman was exonerated a few months ago and last week, the CT legislature voted to compensate him $5 million. On the other hand, Alan Cortzer was denied $1.25 million in compensation by Florida’s legislature. So, this CSM story asks, what do states owe the exonerated? (HT: Corrections Sentencing)
This is a question that an increasing number of states have had to answer in recent years, with the good work of defense attorneys and the Innocence Project, brought about by an advancement in DNA technology and science. But are states adequately prepared to deal with the exonerated? Should there be any remuneration for those wrongfully convicted?
As DNA exonerations become more plentiful – and more publicized – some states are moving on the compensation front. Of the 200 men who have been exonerated based on DNA evidence, about 45 percent have received some sort of compensation, according to the Innocence Project, with amounts that range from $25,000 to $12.2 million.
Twenty-one states, along with the federal government and the District of Columbia, now have standardized compensation laws on the books – offering exonerees amounts ranging from $15,000 total to $50,000 per year of imprisonment. Thirteen states have introduced bills this year to either create or improve compensation for the wrongfully convicted. Some of those bills, like the one that gave Mr. Tillman $5 million, dealt only with individual prisoners, but other states are trying to standardize the compensation.
Texas, where 13 men have been exonerated in Dallas County alone, is considering a package of bills that would, among other things, raise the compensation amount from $25,000 to $50,000 per year of incarceration.
Vermont – which hasn’t yet had a prisoner exonerated by DNA evidence – has passed a comprehensive bill that would provide between $30,000 and $60,000 per year of incarceration as well as access to healthcare and reintegration services. It’s currently awaiting the governor’s signature.
Connecticut did have a bill proposed this session that would have studied the creation of a standardized system, but it didn’t make it past committee.
But these are states that are providing for compensation. What about those that aren’t, like Florida? What of the Alan Cortzers?
“In Florida, if you’re a parolee they give you $100 and a bus ticket,” says Michael Olenick, the Tallahassee attorney who represented Crotzer pro bono. “Al Crotzer got no bus ticket, and no $100.”
He also didn’t get access to counseling, and he says he’s struggled with some things since his release: He still wants to turn his light off at 11:47 every night, for instance, and he keeps everything in his room neat enough to pass a cell inspection.
Neither Mr. Olenick nor Crotzer can be sure why the request for $1.25 million failed, especially after the Florida House unanimously approved it. Senate leaders said they didn’t have the money – a common reason that states cite in not providing compensation. In Crotzer’s case, some also suggested that lawmakers didn’t want to grant any more individual compensation bills, but instead wanted to pass a “global” bill that would address all cases. However, the three such bills that were introduced in past years didn’t go anywhere.
Some believe Crotzer may also have been hurt by the fact that he was convicted of a beer store robbery when he was 18 – a fact that would have excluded him from compensation under one of the laws proposed in Florida.
So what do you think? What would be adequate compensation? Here are some of the laws already on the books:
California: $100 per day of incarceration
Montana: Educational aid for those exonerated through postconviction DNA testing
New Hampshire: Maximum of $20,000
New Jersey: Whichever is greater – twice the amount of the claimant’s income in the year prior to incarceration or $20,000, for each year of incarceration
Tennessee: Maximum total of $1 million
| Print article | This entry was posted by Gideon on May 31, 2007 at 8:32 am, and is filed under ct legal news. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
about 4 years ago
I think states need to set up funds for this type of thing and set an amount per year of incarceration and parole. It makes sense to me to have it be a formula for a set amount per year or some multiplier of the person’s previous annual salary, whichever is greater. And there shouldn’t be any stupid exclusions like not being eligible if you’ve previously been convicted of a felony or some such nonsense. It also shouldn’t be limited solely to DNA exonerations. And it should be plain old cash, no “educational aid.” What if the person doesn’t need educational aid? What they need is some counseling, help getting a job, food, and a place to live.
People should be able to accept the award or sue the government and/or various government officials if there was specific misconduct, but not both.
about 4 years ago
I agree that there needs to be a repayment scheme. While it may be a starting point to use the “salary” earned during the last year of liberty, there needs to be some consideration taken for where the person was in their life (in terms of education, age, etc.). There has to be a base amount of compensation per year, regardless of any income earning potential.
about 4 years ago
I am currently waiting for the appeallate court’s ruling. My son was only 18 when falsely accused, now after being incarcerated for 4 years, of which he missed out on many things such as the deaths of both grand father, a aunt,birth’s of 3 nephews,and mother’s visitation privledges restricted by the 18,000, rapes occurred, even though the medical evidence that was suppressed from enetering the court showed no signs of abuse. The real criminals, the acussers are currently seeking two insurance settlements of $500,000.00 each from my daycare insurance.Because it has always been about the money, but they fooled the system into believing them.
For the past 6 years that these people with the state’s assistence have ruined my families lives, for this I feel that not even 1 million a year for my son and my self (State took my daycare licence,and closed my business) isn’t enough.My son has to be strip searched after every contact family visit, how much would you need to be compensated for that alone? You really have no idea of what your liberty is worth, and what a violation a falsely acussed person goes through.
about 2 years ago
The prisoner should be compensated at the same rate as the state governor. This presumes that most people would prefer the governor’s mansion to the big house.