Thursday, March 14, 2013

Prisoners Seek Restitution for Wrongful Convictions - NYTimes.com

Suppose he was convicted erroneously but not "wrongfully" by a jury?  If the prosecutor suppressed evidence?  Should he be compensated?  In both cases?  Should prosecutors be immune in tort - but assessed "compassionate payments" when a decision to prosecute on uncertain evidence proves to be wrong in fact? - gwc

Prisoners Seek Restitution for Wrongful Convictions - NYTimes.com:

COLORADO SPRINGS — Robert Dewey spent almost 18 years in prison for a murder he did not commit. Now he spends his time waiting. Waiting for food stamps, or his monthly $698 disability check. Swallowing painkillers and waiting for his wrenched back to stop aching. Waiting for the state to repay him for lost time.

.。。

“When you come out, you’re on top,” he said one recent afternoon, dragging on a cigarette and sinking deeper into the couch at a friend’s house. “It’s easy to fall.”

Mr. Dewey’s release is among a few high-profile exonerations that are now prodding Colorado to confront the question of what it owes inmates who have been falsely imprisoned, a civic soul-searching that Louisiana, Texas, Illinois and other states are also confronting.

Colorado is one of 23 states that have no system to compensate the wrongfully convicted. It does not provide a formal network of counseling, education or other assistance, which advocacy groups like the Innocence Project say aggravates an already difficult and meager transition back to civilian life.

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