Posted on Sep 2, 2015
Should wrongly convicted men and women be financially compensated?
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A very interesting story getting almost no attention in which 2 innocent men were convicted of murder. They are being given 750,000 dollars as compensation for wrongful incarceration. I think it's a great gesture, and while some will say they deserve more, less, etc., that isn't the point.
http://www.usatoday.com/story/news/nation/2015/09/02/innocent-men-get-750k-30-years-prison/71576550/
http://www.usatoday.com/story/news/nation/2015/09/02/innocent-men-get-750k-30-years-prison/71576550/
Law
Money
Murder
Justice
Posted >1 y ago
Responses: 21
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LCDR (Join to see)
I think it would depend on what reasons the people were wrongly convicted.
I would say compensation makes great sense for wrongly convicted people because:
(1) jury tampering, or evidence that the jury was prejudiced against the convict
(2) deliberately withheld evidence, testimony which would have exonerated the convict
(3) evidence that the judge was complicit in the wrong conviction especially if the judge overruled the jury
in the above cases those responsible for the wrongful conviction could potentially be fined with the proceeds going to the those wrongly convicted [would require legal changes]
In the cases where improved forensic evidence clears convicted people of crimes and there were no problems with the trial, I think that a legislature [state or federal] could authorize recompense [not sure where those funds would come from]
I would hope that one or more of the billionaires could establish a trust fund for cases like this with an impartial board established to both determine how much money should be recompensed and could disburse funds. COL Mikel J. Burroughs, LTC John Shaw ,SSG James J. Palmer IV aka "JP4", SFC James Sczymanski, PO3 Steven Sherrill. TSgt Hunter Logan, SGT (Join to see), SGT (Join to see), Sgt Kelli Mays, SGT Forrest Stewart, SGT Robert Hawks, SGT Randal Groover
I think it would depend on what reasons the people were wrongly convicted.
I would say compensation makes great sense for wrongly convicted people because:
(1) jury tampering, or evidence that the jury was prejudiced against the convict
(2) deliberately withheld evidence, testimony which would have exonerated the convict
(3) evidence that the judge was complicit in the wrong conviction especially if the judge overruled the jury
in the above cases those responsible for the wrongful conviction could potentially be fined with the proceeds going to the those wrongly convicted [would require legal changes]
In the cases where improved forensic evidence clears convicted people of crimes and there were no problems with the trial, I think that a legislature [state or federal] could authorize recompense [not sure where those funds would come from]
I would hope that one or more of the billionaires could establish a trust fund for cases like this with an impartial board established to both determine how much money should be recompensed and could disburse funds. COL Mikel J. Burroughs, LTC John Shaw ,SSG James J. Palmer IV aka "JP4", SFC James Sczymanski, PO3 Steven Sherrill. TSgt Hunter Logan, SGT (Join to see), SGT (Join to see), Sgt Kelli Mays, SGT Forrest Stewart, SGT Robert Hawks, SGT Randal Groover
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SGT Robert Hawks
I would have to say yes. I couldn't imagine being locked for a crime I didn't commit and no one believes that I'm innocent. I do believe the compensation should have a formula what that would be I leave to more informed on this subject.
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PO3 Steven Sherrill
LTC Stephen F. just don't let the government get their hands on the trust. That would derail the altruistic idea right away.
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LTC Stephen F.
PO3 Steven Sherrill - that's why I included that the billionaires establish the trust - defiantly concur the US and any other government should have no control of this trust.
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LTC John Shaw
LTC Stephen F. LCDR (Join to see) I agree with many points you'all make but local governments need to be made to compensate in some way when the prosecutors, police and other state actors do bad stuff; otherwise there is not a punishment/deterrent for the bad action.
It would be wonderful to see the Gates foundation or some wealthy entity pick up on this idea.
It would be wonderful to see the Gates foundation or some wealthy entity pick up on this idea.
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LCDR (Join to see) SSG James J. Palmer IV aka "JP4" 750K for 30 years based on a state law mandate of 50K per year. Wow, what sad story. They will never get their lives back and the state admits they did wrong, they should absolutely be compensated. I just hope they can figure out how to work in normal society. Difficult situation.
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LCDR (Join to see)
LTC John Shaw Sir I completely agree. The compensation part of it is one thing, but the state better help them incorporate into society, help them get jobs, counseling, etc.
From what I understand these things ARE happening, but you're right they won't get that time back.
From what I understand these things ARE happening, but you're right they won't get that time back.
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LCDR (Join to see) this is a tragedy. It is good that both were released, and pardoned. It could have had a much worse ending as one of the brothers was on Death Row. It amazes me that a case with no evidence tying the accused to the scene could put someone on Death Row. I think that any PTS care that is necessary for both should be suffered by the county they were charged in. I know that is taxpayer money, but it is the least that the community can do for 30 years of wrongful imprisonment. Furthermore, had the police been investigating the case instead of railroading these two kids into a confession, maybe they could have prevented the second murder from happening.
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LCDR (Join to see)
PO3 Steven Sherrill unfortunately you're right. From what I understand the PTSD counseling and job finding, etc are being addressed. Not that it fixes things.
As far as preventing the other murder... that's gotta weigh on the police involved in this if they are still around.
I believe police investigating has improved over the past 30 years but that doesn't preclude the circumstances that could result in this or something similar happening again. This is a very large part of the reason many states are withholding the death penalty even if it's an option in those states.
As far as preventing the other murder... that's gotta weigh on the police involved in this if they are still around.
I believe police investigating has improved over the past 30 years but that doesn't preclude the circumstances that could result in this or something similar happening again. This is a very large part of the reason many states are withholding the death penalty even if it's an option in those states.
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