A steady rise in exonerations in recent years, frequently as a result of modern DNA-testing technology, has pushed people to ask what happens if you are found innocent after being in prison.
Politicians in states now propose legislation that ensures compensation for people falsely convicted and imprisoned.
Statistics Of The Wrongfully Convicted
Since 1989, 2,000 falsely convicted individuals have been exonerated for state and federal offenses, according to the National Registry of Exonerations.
In 2016, the number of people exonerated in the United States reached 166, the highest number since record-keeping began over 30 years ago.
The Justice for All Act was enacted by Congress in 2004 with bipartisan support. Individuals exonerated of federal crimes are entitled to $50,000 for each year spent in prison and $100,000 for each year spent on death row, according to the legislation.
However, if a conviction is overturned, persons who are exonerated may not always have the same rights or compensation as those who are convicted.
Exonerated people in Texas, a state noted for its severe stance on crime, are given $80,000 for each year they spent in jail and are eligible for monthly annuity payments after their release.
Over time, the state’s generous compensation law has accumulated. In the previous 25 years, Texas has paid out more than $93 million to people who were unfairly convicted.
Wisconsin, on the other hand, compensates $5,000 for each year spent in jail, with a cap of $25,000 per year. In addition to monetary compensation, some states provide in-kind benefits.
For example, if an exonerated person is freed from jail, Vermont provides health care coverage for ten years.
Appeals Might Take Years To Resolve
According to research, between 2% and 5% of persons imprisoned in the United States are truly innocent.
More than 250 people have been exonerated and released from jail in 34 states since 1989 as a result of post-conviction DNA testing, but getting to that stage of exoneration and release can take years.
For instance, in 1980, a guy called Kenny Waters was accused of stabbing Katherina Reitz Brow to death in her Massachusetts home.
Kenny was found guilty of first-degree murder and condemned to life in prison with no chance of release.
Although Kenny was not the perpetrator of the crime, he spent 18 years in prison trying to clear his name.
He filed several appeals, all of which were rejected. Getting outside support, which is extremely difficult, was crucial in his instance.
Betty Anne Waters, his older sister, returned to school to earn a college diploma and a law degree to free her brother.
Betty Anne was able to have Kenny’s sentence overturned almost two decades later, thanks to DNA evidence.
She collaborated with the Innocence Project to have Kenny’s DNA analyzed, proving his innocence. Conviction, a movie starring Hillary Swank, was based on this case.
To make matters worse, up to 40% of people released after being wrongly convicted and imprisoned receive no monetary recompense.
Innocence May Not Always Imply Freedom From Prison
Inmates who have been found not guilty by DNA testing spend an average of 14 years in prison before being released.
Even if the post-conviction evidence shows their innocence, there is no certainty that they will be released.
That leads to the case of Kevin Stickland, who has been imprisoned in Missouri since 1979 when he was convicted of triple murder.
He was sentenced to death and life in prison without the possibility of parole. The Jackson County prosecutor’s office, which had imprisoned Strickland for four decades, conceded in 2021 that they had made a mistake.
The current Jackson County prosecutor, Jean Peters Baker, apologized publicly to the man she believes was unfairly convicted.
Strickland, on the other hand, remains imprisoned. Lamar Johnson, who was convicted of murder in 1994 but was later found not guilty, is another example.
The issue in Missouri, where I live, is that the Attorney General refuses to recognize the state made a mistake.
The real culprits in both cases, according to Strickland’s counsel, pleaded guilty and have already done time for the crimes.
However, the Attorney General claims that the time limit for Strickland and Johnson’s release has passed.
In the end, both Strickland and Johnson failed to meet a state-imposed deadline. This means that, despite their innocence, they will spend the remainder of their lives in prison.
Alaska, Arizona, Arkansas, Delaware, Georgia, Kentucky, New Mexico, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, and Wyoming are among the 13 states without compensation legislation.
That implies you’re out of luck if you’re falsely convicted and imprisoned in one of those states.
Like Floyd Bledsoe of Oskaloosa, Kansas, who served 16 years in prison for a murder that someone else confessed to. He had to struggle for monetary remuneration.
Why Should A State Reimburse Those Who Have Been Wrongfully Convicted?
The hardship of reentering society for those unfairly condemned, notwithstanding their proven innocence, is significant; the inability to compensate them adds insult to injury.
In the following ways, society owes it to the falsely convicted to provide humane help as soon as possible:
- For each year served, monetary compensation is based on a set minimum amount.
- Immediate Services Provided, Including:
– Assistance with basic needs such as food, clothing, and transportation.
– Assist in the purchase of low-cost dwellings
– Medical and dental care, as well as psychiatric and/or counseling services;
– Help with education and skill development for the workforce; and
– Legal assistance in obtaining public benefits, expunging criminal records, and reclaiming child custody.
Official recognition of an erroneous conviction: Recognizing that no system is flawless, the government’s public acknowledgment of the suffering caused by a falsely convicted person aids his recovery process while ensuring the public that the government is willing to take responsibility for its mistakes or errors, regardless of blame.
Is There A Compensation Statute In Every State?
Compensation statutes exist in the federal government, the District of Columbia, and 37 states. Alaska, Arizona, Arkansas, Delaware, Georgia, Kentucky, New Mexico, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, and Wyoming are among the 13 states without compensation legislation.
What Are Some Of The Most Common Flaws In Current Legislation?
- Inadequate monetary and social services compensation
- Refusing to create a standard, statutory right to appeal a wrongful conviction
- Compensation for persons who are found to have “contributed” to their unjust convictions is prohibited.
- Those who can show their unjust convictions were the product of patent and willful civil rights breaches, rather than simple error, are denied the further redress they deserve.
- Preventing remuneration for people who have been convicted of unrelated felonies.
What Can Be Done In Every State To Ensure Equal Compensation?
- A state can take an essential step toward protecting the integrity of its criminal justice system by paying compensation to those who have been unfairly convicted.
- States that do not have compensation provisions must enact them, and those that have must reexamine them to ensure that compensation is equally available and adequate for those unfairly convicted.
- For each year spent in prison, statutes should provide either a fixed sum or a range of recovery.
- The prompt supply of subsistence monies and access to services crucial to a successful return to society should be included in statutes.
