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  #1  
Old 12-03-2007, 12:03 PM
MattsmominNY MattsmominNY is offline
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Default Putting a Price on a Wrongful Conviction

December 2, 2007
Ideas & Trends
Putting a Price on a Wrongful Conviction

By FERNANDA SANTOS and JANET ROBERTS

WILLIAM GREGORY and David Pope were both convicted of rape. Mr. Gregory served seven years in a Kentucky prison and Mr. Pope was imprisoned by Texas for 15 years before being released because of new DNA evidence.

Mr. Gregory, 59, now lives at the edge of a golf course, in a five-bedroom house he bought with part of the $4.6 million he received in legal settlements. Mr. Pope, 46, received $385,000 from the State of Texas.
To the extent that they got money, they are among the lucky ones. Of the more than 200 people released from prison since 1989 on the basis of new DNA evidence, 38 percent have received nothing for the years they spent behind bars.

What are those lost years worth?

and the rest is here: http://www.nytimes.com/2007/12/02/we...ml?ref=science
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  #2  
Old 12-03-2007, 01:16 PM
LOVELY123 LOVELY123 is offline
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i don't know , but i think i will be ratefull if they found , i'm inoccent, some people never got the chance
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  #3  
Old 12-06-2007, 03:47 PM
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It's too bad that the system doesn't have a rate sheet like most places do. Heck even our civil court system has rates that people can claim during civil suits that double, triple or exponentially increase the money's owed the victims.

I bet our justice system would be a little more cautious about locking up people if they knew that they were going to be billed $1500 a day for locking someone up who is innocent. 7 Years = $3, 832,500.00, 15 years = $8,212,500.00. Just some numbers for thought.
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Old 12-17-2007, 07:16 PM
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My fiance got wrongfully convicted of child molestation a month. We are waiting for sentencing which will be in January. He has only been in prison for a month and the many many things he has missed are way more valuable than money. We don't even know how many years he'll get...but even if he would get just one day; it is another day of his live that is being taken away for doing nothing!

I believe the two gentleman in the article should have got way more money than that. There is really no amount of money that will bring back all the moments that you missed and that would wash away all the pain that you felt. But I am sure of one thing...if you are to get money back because of being wrongfully incarcerated you better be getting millionSSSSSS of dollars.
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Old 12-23-2007, 03:39 PM
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My husband was also wrongfully convicted. Because of his original charge, he has been back 3 times. Now the Justice Dept is making a decision on whether to clear him or not. All the testimonies are done, all the lie detector tests passed, just waiting on a decision. His first arrest was in 1990 and he did 6 yrs plus parole, then 11 months plus parole, then 2 yrs plus parole, and now he is in again on a set up charge because of his background and his status as a parolee. We are talking almost 17 yrs of hell, of registering, of job losses, harrassments, moving from place to place and also health issues that were caused by the prisons and the CO's.
Once he is cleared and his case closed and locked, there will be a multi million dollar lawsuit against them ALL!
There is no dolllar amount you can put on a human life, quality of life and loss of life. He couldn't see his own kids and finally after almost 17 yrs he got to see them all in court. He now has grandkids he has never met. What kind of a price can you put on that?
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Old 12-26-2007, 11:33 AM
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it makes me mad when i think of all the bacstabbing our country does to its citizens. bac home in tennessee, many inmates are wrongly convicted.many,many more die in jail or prison. JAMIE'S brother died in jail a few years bac after he told teh gurads he needed to see a doctor/he told them he felt he was dying.adn he did...in jail. he did tell his girlfriend of many years that hedidnt think he would make it out...she(and us) is his voice now that he is deceased but none of us know where to start.im JAMIE'S poa and i dont even know where to start.i got a full 3 ring-binder and i need a direction to begin incorporating the most important info to him. as a unity we can make changes.we will make changes as sure as we all need PTO.
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Old 12-26-2007, 01:00 PM
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Queen, what is it you want to do? If you have POA for Jamie and he wants to to start a wrongful death suit, then the first thing you do is make an appt with an attorney who handles things like that. Then you take your binder with all the info to him and it starts from there.
The biggest hurdles will be finding an attorney who is willing to go up against the County, and the other is having enough proof to back up your words.
Our biggest hurdle is getting his medical records from the prison system. We have asked repeatedly and on gotten copies of copies. certain pages missing but 10 copies of one page, etc. That and finding an attorney, but we will. We are determined to make them pay for what they have done to my husband.
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Old 12-26-2007, 06:21 PM
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A nice settlement is very helpful and for some, that would be just fine. But how can you pay for a person's life? Yeah they can buy whatever they want now. But for those that had wives and families, how you can get back those Bdays, holidays, graduations and just being at home with them, how can yo get that time and those moments back? I don't think any amount can do that. Money does not buy happiness.
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Old 12-26-2007, 07:44 PM
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"myhusbandswifey".... you are absolutely right. Money does not but happiness. My fiancée has missed many important dates in only two months of being convicted. We are waiting for sentencing and only God knows how many years they'll give him and how many more memories and important dates he will miss. I can't even imagine how he must feel not to be able to see his daughter everyday....
Money does not buy happiness but it sure helps to create more memories (going to the movies, vacation, etc) and to live a decent life (affording a house). We sure need money since we paid many thousands of dollars for his private attorney...for nothing! And now we are struggling for money really badly.
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Old 12-27-2007, 05:34 PM
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Money cannot buy happiness. It cannot bring a loved one back. It cannot replace anything. What it can do is help pay for the normal things in life that your loved one would have helped pay for. It will help with the education of those children, and take care of the one left behind.
In my case, it will cover medical bills for better medical than the VA or Medicaid can or will cover, which will give us a little bit longer life together now.
It can't replace, but it helps to go on...
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  #11  
Old 12-29-2007, 03:00 PM
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im sorry i was not implying that i am considering tackling the wrongful death suit but i have considered asking what is being done about it adn maybe point in a helpful direction.my first and foremost priority is JAMIE and helpign him get home safely.i just understand somany unnecessary sacrifices made by families as well as teh inmates who are wrongfully convicted then dies still incarcerated.
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  #12  
Old 01-15-2008, 03:09 PM
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I would think a smart innocent person would contact legal representation once released? Then have the lawyer go after the AG and DOC for monitary damages.
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Old 01-18-2008, 11:42 PM
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Quote:
Originally Posted by CYJJ
But I am sure of one thing...if you are to get money back because of being wrongfully incarcerated you better be getting millionSSSSSS of dollars.
Where is all of that money going to come from?

Do you not work for a living? Do you not pay taxes?

The real solution is to make law enforcement, prosecutors, judges, and maybe even juries accountable for their mistakes. As it stands today, it's basically impossible to fire officers or judges even in the case of willful misconduct. At best, this has the effect of promoting negligence.

I may be in the minority here, but as far as I'm concerned Mike Nifong should be serving the maximum sentence for gang rape, considering that he was willing to ruin those kids' lives for a little fame and publicity.

Last edited by Legalize It; 01-18-2008 at 11:44 PM..
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Old 02-02-2008, 05:06 PM
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Quote:
Originally Posted by CYJJ
My fiance got wrongfully convicted of child molestation a month. We are waiting for sentencing which will be in January. He has only been in prison for a month and the many many things he has missed are way more valuable than money. We don't even know how many years he'll get...but even if he would get just one day; it is another day of his live that is being taken away for doing nothing!

I believe the two gentleman in the article should have got way more money than that. There is really no amount of money that will bring back all the moments that you missed and that would wash away all the pain that you felt. But I am sure of one thing...if you are to get money back because of being wrongfully incarcerated you better be getting millionSSSSSS of dollars.
Exactly. Even though the person was exonerated and doesn't have to say anything about the time spent behind bars while applying for a job, how are they going to account for the time spent out of work? If the person who was wrongfully incarcerated gets enough money so that he doesn't ever have to look for work, that would be good.
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  #15  
Old 02-08-2008, 04:03 AM
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Just tell the truth and be ready to prove it. This will rely on being exonerated, though. Anyone can say anything. When I was in jail at least have of my cellies were there on drug charges. One guy was nailed for dealing and on his way to federal. He admitted to it but then was saying how he's wrongly convicted just because the chief of police's son bought from him. Does that mean he should be exonerated?

Don't think I have a hard time finding work, because I do. What I have in my favor is I have documentation literally out the ass to prove I'm right.

Could I ever put a price on what happened to me? When I say $20,000,000 it's an understatement. And I only spent 30 days in the county? But what about the mental trauma of being humiliated and ridiculed for no reason? Strip one of their rights as Americans? Why the hell should I pay taxes to support the same criminal BS that convicted me?

I don't think there is ever a way to recoup damages entirely. I wish there was though.
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Old 02-09-2008, 11:33 PM
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The basic problem is that the system as it stands is results driven, not outcome driven. All 'The system' cares about is locking people up behind bars so their rap sheets look good at the end of the day. In civil cases, damages are awarded both as compensatory - or repaying - damages, and also as punitive damages, which means to punish them for doing something wrong in the first place, and to discourage them from doing it again.

I think that possibly the only solution is to put everyone under a lie detector test, and have it runningn during the court proceedings. Do away with plea bargains, with the proviso that they also do away with the 'extra punishment' for having the audacity to maintain your innocence and take it to trial. Heaven forbid that a DA or a prosecutor should have to actually do their job, and try to prove people's guilt instead of scaring them into taking a plea.

Just my 2 cents.

Quote:
Originally Posted by Legalize It
Where is all of that money going to come from?

Do you not work for a living? Do you not pay taxes?

The real solution is to make law enforcement, prosecutors, judges, and maybe even juries accountable for their mistakes. As it stands today, it's basically impossible to fire officers or judges even in the case of willful misconduct. At best, this has the effect of promoting negligence.

I may be in the minority here, but as far as I'm concerned Mike Nifong should be serving the maximum sentence for gang rape, considering that he was willing to ruin those kids' lives for a little fame and publicity.
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Old 02-14-2008, 05:42 PM
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At least in WA wrongfull incarceration is worth $1500. to $5000. a day depending on the type of custody: Max / Closed custody $5K to Minimum $1500.. Upon filing a tort claim the state will usually make an offer, usually less than what the person could get going to court.
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Old 02-14-2008, 05:55 PM
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It is hard to believe that we still dont have a system that holds people accountable for their actions when people are wrongfully convicted. I think they would fight harder to find out the truth if they did!
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Old 02-15-2008, 03:44 AM
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All I really want is true justice.
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Old 02-17-2008, 02:59 PM
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IMO -

The police and DA personnel should be required to record (video or audio) any encounters with all witnesses or potential witnesses, with no stoppage in recording, and provide those to the defense attorney. In any case where the police or prosecuting attorney's office withheld evidence or tampered with witnesses, those responsible should be fired and prosecuted. They should also be required to personally pay restitution to those wrongfully convicted because of their actions.

Maybe then we'd get rid of the LE and DA personnel who are striving to build up their credentials by any means possible, including participating in the incarceration of innocent people.
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Old 02-17-2008, 06:28 PM
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Quote:
Originally Posted by MomInMI
IMO -

The police and DA personnel should be required to record (video or audio) any encounters with all witnesses or potential witnesses, with no stoppage in recording, and provide those to the defense attorney. In any case where the police or prosecuting attorney's office withheld evidence or tampered with witnesses, those responsible should be fired and prosecuted. They should also be required to personally pay restitution to those wrongfully convicted because of their actions.

Maybe then we'd get rid of the LE and DA personnel who are striving to build up their credentials by any means possible, including participating in the incarceration of innocent people.
You are exactly right, this is what must be done if we ever want to have any kind of justice in this country. And it must be done at every level.
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Old 02-17-2008, 07:21 PM
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There have been people who had passed a polygraph test to show that they are innocent, and the get convicted because the polygraph is not admisable in court.

There should be a provision to allow polygraph test information where it is needed by a defendant to prove their innocense to be admisiable in trial.
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Old 02-17-2008, 08:37 PM
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I like the videotaping idea. And I also think DAs or police who knowingly present lies should then have to serve the sentence that the accused was given.
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Old 02-17-2008, 10:31 PM
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I think people that have been wrongfully convicted and then proven innocent shouln't have to pay taxes ever again.
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Old 02-20-2008, 09:16 PM
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PhilB- I agree, You have to pay for the test why not be able to use them.
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