Should wrongly convicted men and women be financially compensated?

LCDR Private RallyPoint Member — Wed, 02 Sep 2015 12:28:31 -0400

A very interesting story getting almost no attention in which 2 innocent men were convicted of murder. They are being given 750,000 dollars as compensation for wrongful incarceration. I think it's a great gesture, and while some will say they deserve more, less, etc., that isn't the point.

http://www.usatoday.com/story/news/nation/2015/09/02/innocent-men-get-750k-30-years-prison/71576550/

Innocent men get $750K for 30 years in prison

Two intellectually disabledNorth Carolina men were awarded $750,000 each Wednesday after being wrongfully convicted of murder and serving 30 years in prison.

Response by TSgt Kevin Buccola made Sep 2 at 2015 12:33 PM

TSgt Kevin Buccola — Wed, 02 Sep 2015 12:33:38 -0400

Its either that or a major law suit. Then send them a bill for the years while in prison for food, clothing, medical etc.

Response by SSG Private RallyPoint Member made Sep 2 at 2015 12:44 PM

SSG Private RallyPoint Member — Wed, 02 Sep 2015 12:44:12 -0400

No amount of financial compensation can repay the time away from family and friends and life outside confinement. It will replace lost income and then some, but most sensible people would rather not go through that experience.

Response by SSG Richard Reilly made Sep 2 at 2015 12:51 PM

SSG Richard Reilly — Wed, 02 Sep 2015 12:51:06 -0400

We pay Detainees that are released no reason not to pay innocent people.

Response by COL Jean (John) F. B. made Sep 2 at 2015 12:56 PM

COL Jean (John) F. B. — Wed, 02 Sep 2015 12:56:50 -0400

LCDR Private RallyPoint Member - Yes... I believe compensation for people wrongfully incarcerated is warranted. The amount should be based on an estimation of the potential income they would have earned (as is done in civil suits for wrongful/accidental death, etc.), plus a reasonable amount for "pain and suffering". Having said that, $750k per year for 30 years seems very excessive. [Note: I am editing/clarifying this post because I misread the article. I thought it said $750k per year, when, in fact, it said $750k per brother, which I think is too low. I would have awarded at least $50k per year - $1.5M)

Response by SGT Jeremiah B. made Sep 2 at 2015 1:10 PM

SGT Jeremiah B. — Wed, 02 Sep 2015 13:10:30 -0400

Absolutely and the amount should go up significantly based on factors like number of years served, how long exculpatory evidence was known and how likely the individual is to "recover." $750k for 30 years is peanuts.

Response by LTC John Shaw made Sep 2 at 2015 1:26 PM

LTC John Shaw — Wed, 02 Sep 2015 13:26:26 -0400

LCDR Private RallyPoint Member SSG James J. Palmer IV aka "JP4" 750K for 30 years based on a state law mandate of 50K per year. Wow, what sad story. They will never get their lives back and the state admits they did wrong, they should absolutely be compensated. I just hope they can figure out how to work in normal society. Difficult situation.

Response by PO3 Steven Sherrill made Sep 2 at 2015 1:30 PM

PO3 Steven Sherrill — Wed, 02 Sep 2015 13:30:45 -0400

LCDR Private RallyPoint Member this is a tragedy. It is good that both were released, and pardoned. It could have had a much worse ending as one of the brothers was on Death Row. It amazes me that a case with no evidence tying the accused to the scene could put someone on Death Row. I think that any PTS care that is necessary for both should be suffered by the county they were charged in. I know that is taxpayer money, but it is the least that the community can do for 30 years of wrongful imprisonment. Furthermore, had the police been investigating the case instead of railroading these two kids into a confession, maybe they could have prevented the second murder from happening.

Response by LTC Stephen F. made Sep 2 at 2015 2:19 PM

LTC Stephen F. — Wed, 02 Sep 2015 14:19:16 -0400

I think it would depend on what reasons the people were wrongly convicted.
I would say compensation makes great sense for wrongly convicted people because:
(1) jury tampering, or evidence that the jury was prejudiced against the convict
(2) deliberately withheld evidence, testimony which would have exonerated the convict
(3) evidence that the judge was complicit in the wrong conviction especially if the judge overruled the jury
in the above cases those responsible for the wrongful conviction could potentially be fined with the proceeds going to the those wrongly convicted [would require legal changes]
In the cases where improved forensic evidence clears convicted people of crimes and there were no problems with the trial, I think that a legislature [state or federal] could authorize recompense [not sure where those funds would come from]
I would hope that one or more of the billionaires could establish a trust fund for cases like this with an impartial board established to both determine how much money should be recompensed and could disburse funds. COL Mikel J. Burroughs, LTC John Shaw ,SSG James J. Palmer IV aka "JP4", SFC James Sczymanski, PO3 Steven Sherrill. TSgt Hunter Logan, SGT Private RallyPoint Member, SGT Private RallyPoint Member, Sgt Kelli Mays, SGT Forrest Stewart, SGT Robert Hawks, SGT Randal Groover

Response by SSG Warren Swan made Sep 2 at 2015 2:23 PM

SSG Warren Swan — Wed, 02 Sep 2015 14:23:07 -0400

I'd hope the state will give them financial, personal, and spiritual counseling so they use the money, their minds, and time wisely to better themselves and prevent them from ever being behind bars again.

Response by SSG Robert Webster made Sep 2 at 2015 2:27 PM

SSG Robert Webster — Wed, 02 Sep 2015 14:27:20 -0400

Yes, they should be compensated. But there is an additional issue that may not be addressed is the income tax consequences of this compensation, is it tax free, and if not how much are they going to have to pay in taxes that even further negates the value of that compensation?

Response by Cpl Private RallyPoint Member made Sep 2 at 2015 2:38 PM

Cpl Private RallyPoint Member — Wed, 02 Sep 2015 14:38:35 -0400

I agree that they should be compensated, but we have to look at it from another angle. The compensation comes from public funds. Shouldn't we hold the prosecutors liable when some are zealously seeking conviction without all of the facts? Conviction for the sake of conviction isn't justice.

Response by SPC Bill Earley made Sep 2 at 2015 3:18 PM

SPC Bill Earley — Wed, 02 Sep 2015 15:18:12 -0400

I really can't decide yes or no. 30 years is a long time. I can only agree they found the right guy and didn't put an innocent man to death. Spending time on death row that in itself I guess would be worth compensation.

Response by LCpl Mark Lefler made Sep 2 at 2015 5:04 PM

LCpl Mark Lefler — Wed, 02 Sep 2015 17:04:54 -0400

absolutely, they deserve compensation, one can never get back years lost being in prison for something someone didnt do.

Response by LTC Private RallyPoint Member made Sep 2 at 2015 7:36 PM

LTC Private RallyPoint Member — Wed, 02 Sep 2015 19:36:01 -0400

750K is penance compared to 30 years of their life taken away for wrongful incarceration... But? Was that tax free or will the government take a big bite out of their compensation? How long will it take them to exhaust those funds?

Response by PO1 William "Chip" Nagel made Sep 2 at 2015 8:28 PM

PO1 William "Chip" Nagel — Wed, 02 Sep 2015 20:28:51 -0400

Yes!

Response by SGT Private RallyPoint Member made Sep 2 at 2015 9:23 PM

SGT Private RallyPoint Member — Wed, 02 Sep 2015 21:23:32 -0400

LCDR Private RallyPoint Member ,My response is Definitely! If I were locked up for thirty years for something I didn't do, that is absolutely owed to the person. Much more should also be done.find the person a good job, build them a nice home, show them somebody cares they were incarcerated mistakenly.

Response by Sgt Kelli Mays made Sep 2 at 2015 10:44 PM

Sgt Kelli Mays — Wed, 02 Sep 2015 22:44:01 -0400

Absolutely! Without a doubt! Yes...

Response by Sgt Kelli Mays made Sep 2 at 2015 10:47 PM

Sgt Kelli Mays — Wed, 02 Sep 2015 22:47:57 -0400

Four women in San Antonio who were all WRONGLY convicted for FALSE testimony were released from prison after serving 10 years in prison. They should all be compensated for the 10 years they were locked up and for way more than that for what they endured while in prison.

Four women in San Antonio who were all WRONGLY convicted for FALSE testimony were released from prison after serving 10 years in prison

Response by Lt Col Private RallyPoint Member made Sep 3 at 2015 12:23 AM

Lt Col Private RallyPoint Member — Thu, 03 Sep 2015 00:23:54 -0400

I would say yes if it was malicious or capricious prosecution. No if they were released due to some technicality.

Response by SFC Joseph Weber made Sep 3 at 2015 8:53 AM

SFC Joseph Weber — Thu, 03 Sep 2015 08:53:21 -0400

Yes.

Response by MSgt Curtis Ellis made Dec 1 at 2015 5:05 AM

MSgt Curtis Ellis — Tue, 01 Dec 2015 05:05:29 -0500

Yes, It is a good gesture in admitting error and assisting in restoring some semblance of a normal life.