Black Hair Media Forum Homepage
BHM BHM BHM
Forum Home Forum Home > Lets Talk > Talk, Talk, and More Talk
  New Posts New Posts RSS Feed - When Innocent People Go To Prison, States Pay
  FAQ FAQ  Forum Search   Register Register  Login Login
Extensions Plus
 

When Innocent People Go To Prison, States Pay

 
 Post Reply Post Reply






Author
tatee View Drop Down
Elite Member
Elite Member
Avatar

Joined: Jun 09 2006
Status: Offline
Points: 383605
Post Options Post Options   Thanks (0) Thanks(0)   Quote tatee Quote  Post ReplyReply Direct Link To This Post Topic: When Innocent People Go To Prison, States Pay
    Posted: Jun 16 2014 at 4:20pm

When Innocent People Go To Prison, States Pay

by Gabrielle Emanuel

Suppose you spent five years in prison for a crime you didn't commit. How much does the government owe you?

Over the past few decades, the rise of DNA exonerations has made this a more pressing question. And many states have created explicit policies to answer it.

But those policies vary wildly from state to state.

Twenty-one states provide no money — though people who are exonerated can sue for damages. Twelve states and the District of Columbia award damages on a case-by-case basis. Another 17 states pay a fixed amount per year of imprisonment.




And among states that pay a fixed amount per year, there's a huge range of payments.

Several states and the federal government offer $50,000 per year for people wrongly convicted in federal court. Why is that such a common figure?

Federal payments were set by a law passed a decade ago. At that time, Alabama had the highest compensation at $50,000 per year, so the feds simply decided to match that, according to Stephen Saloom, policy director at the Innocence Project. Other states may have followed the lead of the federal government.

"There doesn't seem to be any other rationale behind the number," said Paul Cates, also at the Innocence Project.

An NPR investigation has found an explosion in the use of fees charged to criminal defendants across the country, which has created a system of justice that targets the poor.

One other interesting idea: States that pay the wrongfully convicted might actually be trying to save money, according to Brandon Garrett, University of Virginia law professor and author of .

That's because people who are exonerated can sue states — and sometimes win awards on the order of a million dollars per year of imprisonment, Garrett says.

In many states, people who are exonerated have to give up their right to sue in order to collect the set payment.

Policymakers may have decided that it's better for states "to encourage people to take more moderate compensation early on and maybe forgo the multimillion-dollar lawsuit," Garrett says.

http://www.npr.org/blogs/money/2014/06/16/320356084/when-innocent-people-go-to-prison-states-pay


Back to Top
Sponsored Links


Back to Top
Alias_Avi View Drop Down
Elite Member
Elite Member
Avatar

Joined: Oct 10 2010
Status: Offline
Points: 275462
Post Options Post Options   Thanks (0) Thanks(0)   Quote Alias_Avi Quote  Post ReplyReply Direct Link To This Post Posted: Jun 16 2014 at 4:39pm

Brooklyn man sues city for $162 million after spending 24 years behind bars for a murder he didn't commit

  • Jonathan Fleming's attorneys said they hoped the city would settle the suit quickly
  • Fleming released after prosecutors admitted to having evidence that confirmed he was not at the scene of the crime
  • Second man wrongfully convicted under former Brooklyn D.A. Charles Hynes to sue

By Peter Rugg

Published: 09:28 EST, 16 June 2014 | Updated: 09:32 EST, 16 June 2014



A Brooklyn man who spent 24 years in prison after being wrongfully convicted of murder plans to sue the city for $162 million.

Jonathan Fleming's lawyers told the New York Post that the hope was for the city to quickly settle the suit.

Attorney Taylor Koss said that was a reasonable expectation given the city's history with suits like the one from David Ranta, who spent 23 years in prison after he was wrongfully convicted of murdering a rabbi.

Jonathan Fleming, who was exonerated of murder after almost 25 years behind bars, has filed suit against the city for $162 million
+2

Jonathan Fleming, who was exonerated of murder after almost 25 years behind bars, has filed suit against the city for $162 million

Both Ranta and Fleming's cases occurred on the watch of Charles Hynes, Brooklyn's former district attorney.

Ranta got $6.4 million in a settlement from the city two months after filing suit for $150 million.

 

In Fleming's case, the 51-year-old was finally set free after prosecutors admitted they had a receipt placing Fleming at a Florida hotel not far from Disney World at the time of the 1989 murder of Darryl Rush in Williamsburg.

Jonathan Fleming hugs attorney Anthony Mayol while his other attorney Taylor Koss applauds in Brooklyns Supreme court, after a judge declared him a free man
+2

Jonathan Fleming hugs attorney Anthony Mayol while his other attorney Taylor Koss applauds in Brooklyn's Supreme court, after a judge declared him a free man

He was convicted that year and spent the following 24 years and 8 months incarcerated.

The conviction was vacated by Judge Matthew D’Emic Tuesday citing  a 'careful and thorough review of this case, and based on key alibi facts that place Fleming in Florida at the time of the murder.'

'The truth is, he’s been struggling,' Koss said. 'This money is important to him so he can establish his life again.'





Edited by Alias_Avi - Jun 16 2014 at 4:40pm
Back to Top
Get Longer Healthier Faster Growing Hair
Get Healthier Stronger Longer Hair
Glam Twinz
Human Hair Wigs
Wefting Training
Brazilian Hair
Brazilian Hair
Wig and Hair Extension on Amazon
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down