Just Compensation

Today’s topic is compensating the innocent who have been incarcerated by a faulty justice system. Most states in the US do not have a means to address this injustice, yet there are miscarriages of justice that lead to decades of imprisonment. What happens to those people? What resources do they have at hand to help them adjust to living once again in a free society?

The American judicial system is supposed to be rehabilitative. It is supposed to change inmates from a life of crime and violence to one of hopeful purpose and productivity. Although some rehabbing is successful, many are not. Prison is rather and institution that deepens an inmate’s criminal skills. When and if released, the ex-convict is thrown into a life of despair and continued crime.

Projects are alive and well to counter miscarriages of justice. They have successfully overturned many cases in which the wrong person was convicted of a crime. The process is lengthy to overturn such cases. Even with clear proof, the inmate is kept in prison until all the proceedings are complete. These may take months or more than a year to accomplish. The innocent remains captive to jailers.

The day of freedom is celebrated. But what awaits this person? How is he assured that society’s mistake will not happen to him/her again? What safe house does he turn to in which to prepare for a life of independence and freedom? With what resources and finances is he/she provided?

In all too many cases the answer is none. NONE.

Fortunately, nonprofit agencies step forward to guide the person gently forward. Fundraisers are staged and adequate cash is collected to help the ex-convict. But what about a life of promise and success? Is there a program that will help the individual?

I propose that each state or federal agency who had the authority over the convict’s case, also have the resources and responsibility to financially reward the convict so he can live out the rest of his/her life knowing they have the needed resources to do so.

The criminal justice system is to find and prosecute the guilty. The opposite is also true – to protect the innocent from wrongful prosecution and conviction. It is not the defendant’s job to do that, it is the accusing agency.

Wrongful conviction and imprisonment should provide generous rewards, so the individual is provided the resources to be fully restored to independent living. I am thinking such rewards need to be in the amount of $500,000 to $1 million for each year of wrongful incarceration. That amount also motivates prosecuting authorities to avoid wrongful convictions.

In the name of God and the people, help the wronged convict!

December 3, 2021

 

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