In the states that don have compensation statutes, do wrongfully convicted people have any legal recourse?
If there is no state law on the books providing compensation, it is very difficult for an exonerated individual to get anything from the state to redress his unjust imprisonment. Suits claiming violations of civil rights through the misconduct of police officers or prosecutors face very high burdens of proof, and the defendants are most often protected by doctrines of state immunity — even police officers who have committed perjury are protected. Suits claiming malicious prosecution against a district attorney’s office face similar obstacles: prosecutors are protected by absolute immunity for liability for injuries arising as a result of a prosecution. To get damages on such a claim, the exonerated convict would have to prove that the primary purpose of the prosecution involved malice or something other than bringing the defendant to justice. If an exonerated convict does pursue a civil case — whether for civil rights violations or a tort suit for damages — the suit will likely be e
Related Questions
- If some people have had compensation through the legal system for their hepatitis C, why can the Society organise some sort of class action on behalf of its members for compensation?
- In the states that don have compensation statutes, do wrongfully convicted people have any legal recourse?
- Have there been any successful legal claims for compensation involving people with haemophilia and HCV?
