Compensate the exonerated

[wheezer]

Florida editorial: Compensate the exonerated
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An editorial this week in the St. Petersburg Times examines the case of Alan Crotzer, who was exonerated through DNA testing in 2006 after serving 24 years in prison for a rape and kidnapping he didn’t commit. Crotzer has been out for two years, but has yet to receive any kind of compensation from the state of Florida, which is not among the 22 states with standing laws compensating the wrongfully convicted.

Crotzer and his advocates are working this year to pass a “private” bill that would provide him the compensation he deserves; such bills only apply to one individual, rather than to anyone who has been proven innocent. The editorial calls for a systemic solution. A bill proposed by State Sen. Arthenia Joyner would compensate the wrongfully convicted with up to $100,000 for each year of wrongful conviction. Passing this bill, the newspaper says, should be a priority for state lawmakers.

The Legislature has a responsibility to address an issue it has kicked down the road for years: compensation for the wrongfully convicted. Lawmakers need to put aside their differences and bring Florida into the ranks of those states that have an automatic system for providing recompense to people wrongly incarcerated - sometimes for decades. It is not just a duty but a moral imperative.

http://innocenceprojectbournemouth.com/innocence-project-usa/florida-editorial-compensate-the-exonerated-2/

[wheezer]

I know $100,000 dollars seems like a large amount. Especially when you consider the vast majority of people will never make that kind of money on a per annual income. But, it isn't just about what that person would have made in an annual income. It is about being victimized by the system.
1. Loss of freedom.
2. Loss of raising children.
3. Loss of relationship with spouse.
4. Loss of relationship with family.
5. Loss to the children of having only parent for 'x' amount of years.
6. Loss of income for those said children.
7. Loss of reputation in the community.
The list is endless. IMO the amount should be even higher.
I also think that there should be a separate payout to the children and spouses.
I think when the state is held liable for such heinous mistakes, in such large monetary amounts, they will make sure they are far and few between.

[Texas53]

I know $100,000 dollars seems like a large amount. Especially when you consider the vast majority of people will never make that kind of money on a per annual income. But, it isn't just about what that person would have made in an annual income. It is about being victimized by the system.
1. Loss of freedom.
2. Loss of raising children.
3. Loss of relationship with spouse.
4. Loss of relationship with family.
5. Loss to the children of having only parent for 'x' amount of years.
6. Loss of income for those said children.
7. Loss of reputation in the community.
The list is endless. IMO the amount should be even higher.
I also think that there should be a separate payout to the children and spouses.
I think when the state is held liable for such heinous mistakes, in such large monetary amounts, they will make sure they are far and few between.


I agree with you. However, due to irresponsible spending or bookkeeping by some states and spending for non-citizens, some state budgets can't afford it.

One suggestion would be that some of the lottery money that some states make, pay into a state fund for such. But that probably wouldnt work either. Our lottery in Texas is supposed to contribute some monies to an education fund. But for some reason that fund is always short of money. JMHO

[wheezer]

I agree with you. However, due to irresponsible spending or bookkeeping by some states and spending for non-citizens, some state budgets can't afford it.

One suggestion would be that some of the lottery money that some states make, pay into a state fund for such. But that probably wouldnt work either. Our lottery in Texas is supposed to contribute some monies to an education fund. But for some reason that fund is always short of money. JMHO

You are right. There are many states that could not afford to do this due to many reasons.
The lottery is a wonderful suggestion. I'm not sure how it would work either.
I just know it has to be done. IMO it is a no choice thing. As strange as it sounds maybe the government should set up some kind of Office to oversee these types of cases. Set aside a certain amount of money each year for those that will be exonerated. I am sure there are some projects that Washington approves that could done away with in order to come up with the money.

[wheezer]

State fails wrongly convicted prisoners
They face obstacles to getting rights restored, and compensation is inadequate, says a blue ribbon commission.

By Henry Weinstein, Los Angeles Times Staff Writer
February 23, 2008

California does a bad job of compensating people wrongfully convicted in its courts, a blue ribbon commission said Friday. Men and women imprisoned for years, even decades, for crimes they didn't commit are offered fewer benefits than convicts released on parole, the commission said.

Exonerated prisoners "face many difficult obstacles to full restoration of their rights and liberties, and the compensation they receive for their losses is frequently inadequate," said the California Commission on the Fair Administration of Justice, a state body chaired by former California Atty. Gen. John Van de Kamp that has been studying the problem of wrongful convictions.

The commission, which includes prosecutors, defense lawyers, law professors and law enforcement officials, recommended a number of reforms, including giving wrongly convicted men and women state assistance in locating housing, a cash allowance, clothing and employment counseling. But the proposals would hardly open the floodgates. The compensation, "should be limited to those who have been found innocent of the crime or crimes for which they were convicted and imprisoned, not because of procedural errors in their trials," the panel said.

The commission also recommended that:

* Exonerated prisoners be permitted two years rather than six months to file compensation claims.

* The maximum compensation be increased from $36,500 to $50,000 for every year of incarceration.

* People who gave false confessions or forced guilty pleas be allowed to seek a court determination of factual innocence, the gateway to compensation.

* The deadline for a wrongfully convicted person to sue his trial lawyer for malpractice should be pushed back. The commission said the recent case of Peter Rose, who was wrongfully convicted of the kidnap and rape of a 13-year old girl in November 1995, demonstrates the need for this reform.

Rose's conviction was vacated in October 2004 after he was exonerated by DNA testing. He filed a complaint against his original defense lawyer, alleging that the lawyer's negligence contributed to his wrongful conviction. But the suit was dismissed because it was not filed within the statute of limitations, "even though the court conceded that he could not have recovered on his claim until his conviction had been vacated," the commission report said. Rose is one of 15 wrongfully convicted individuals who have been compensated by the state. The state has denied 25 claims and dismissed an additional 19 because they were untimely, incomplete or the claimant had not been released from prison.

Commissioners also recommended that the state resume funding for the Northern California Innocence Project at Santa Clara University Law School and the California Innocence Project at Cal Western Law School in San Diego, the primary legal groups in the state fighting to overturn wrongful convictions.

The Legislature in 2001 allocated $1.6 million over two years to provide lawyers to assist inmates with innocence claims. The legal assistance funding was eliminated in 2003 because of state budget cuts.

To date, the two Innocence Projects "have succeeded in helping to exonerate 11 people, two based on DNA evidence and nine on other grounds. Each exoneration has saved the state the cost of housing an innocent person," the commission said. The group also pointed out that the 1996 exoneration of Kevin Green, an Orange County man who spent more than 15 years in prison for the assault on his wife and murder of their unborn child, led to the conviction of the real murderer and rapist.

The report said the two Innocence Projects are now actively investigating 288 cases and have a backlog of 700 cases.

Santa Clara University law professor Gerald Uelmen, the executive director of the commission, said that Assemblymen Jose Solorio (D-Santa Ana), chairman of the Public Safety Committee, would introduce legislation embodying the reform proposals and others.

"We are very optimistic this package will make it through the Legislature and get the governor's signature," said Uelmen, noting that it has the full support of law enforcement.

http://www.latimes.com/news/printedition/california/la-me-compensate23feb23,1,1037444.story

[wheezer]

I put this here b/c Alan Crotzer was fighting for compensation when I first heard about his story. His story is the first one on this thread.




TALLAHASSEE - As a tearful Alan Crotzer looked on, the Florida Senate on Thursday approved paying the Tallahassee man $1.25 million in compensation for the 24 years he spent in prison for a double rape he did not commit.

"He is here today to see justice done," said Sen. Dave Aronberg, D- Greenacres, shortly before the Senate voted unanimously for the compensation bill already approved by the House. The measure (HB 7037) was sent to Gov. Charlie Crist, who is expected to sign it into law.

The compensation amounts to about $137 for every day he spent in prison after being convicted of rape and participating in a home-invasion robbery.

"Justice can prevail," Crotzer said afterward, tears streaming down his cheeks. "They showed they can have integrity."

http://www.orlandosentinel.com/news/politics/legislature/orl-crotzer0408apr04,0,6453924.story

[wheezer]

Prisoners who have been wrongfully incarcerated may soon receive more than just their liberty.

The Florida House gave final passage to a bill that would give innocent prisoners $50,000 a year for each year served for crimes they didn't commit, along with 120 credit hours for them to attend a Florida college or university. The unanimous vote took place with no debate.

The "global" bill has already been approved by the Senate and will go to Gov. Charlie Crist for his signature.

The bill is designed to make payment simpler for the lost liberty of those who later are exonerated, rather than have them slog through the heavily political and often long process of filing a claims bill. The bill makes compensation automatic, but with a hitch. The applicants can have no prior felonies on their records to qualify for the automatic payment, though they can still pursue claims with legislative and gubernatorial approval.

That "clean hands" provision has been a sticking point for some legislators and even Crist, who has said he is against it.

But Rep. Ellyn Bogdanoff, R-Fort Lauderdale, who sponsored the House global bill that included the clean hands provision and lobbied the Senate to include the same, said applicants with prior felonies are not without recourse.

Seven people in Florida, who have been exonerated of their convictions, are waiting compensation. Five of them have prior felonies and two do not.

Alan Crotzer, who spent 24 years in prison for crimes he didn't commit, gained compensation of $1.25 million this year by the Legislature and Gov. Crist. He would not have been eligible for automatic compensation because of a felony conviction as a teenager for stealing beer.

Senate Majority Leader Dan Webster, R-Winter Garden, has said he's been working on a global bill for four years and hopes it modifies the claims process.


http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20080430/CAPITOLNEWS/804300343

[packy]

Well I don't think the hitch is fair.

[wheezer]

Well I don't think the hitch is fair.

I agree, think about what that said. One of the men who was Exonerated had a felony on his record for stealing beer. I mean c'mon folks. Beer!!!!
Now if you want to use this felony clause over a serious crime in the exonerated persons past, ok, I can somewhat understand that, but shouldn't each case be looked at individually?
Even that makes me a little nervous, I don't care what the past record was, no one should serve time for a crime they did not commit.

[packy]

I agree, think about what that said. One of the men who was Exonerated had a felony on his record for stealing beer. I mean c'mon folks. Beer!!!!
Now if you want to use this felony clause over a serious crime in the exonerated persons past, ok, I can somewhat understand that, but shouldn't each case be looked at individually?
Even that makes me a little nervous, I don't care what the past record was, no one should serve time for a crime they did not commit.

When they make a "blanket" law or ruling it doesn't allow for exceptions. I would think if they had a felony on record that they paid the penalty for it anyway so why punish them again. Not counting the horrible punishment of having been imprisoned wrongfully that they have already endured.

[awakening2lite]

How or are they being taxed on the compensation and are they being credited in some way for years of missed social security contributions?

[wheezer]

How or are they being taxed on the compensation and are they being credited in some way for years of missed social security contributions?


Great Questions A2L. I honestly don't know.