A Short Overview of the Statutory Remedies for the Wrongly Convicted: What Works, What Doesn't and Why

23 Pages Posted: 31 Jul 2009

Date Written: 2009

Abstract

In response to the failure of the tort and civil rights laws to provide a consistent remedy for exonerees, and in light of the obvious fact that the criminal justice system can never be completely error-proof, some states have enacted statutes to compensate exonerees. Ideally, compensation statutes should provide generous, rapid, and certain damage awards, accompanied by education and social services, for all those who have been wrongly convicted and later exonerated. This Article will address the need for such statutes and examine some of the differences among them.

Suggested Citation

Bernhard, Adele, A Short Overview of the Statutory Remedies for the Wrongly Convicted: What Works, What Doesn't and Why (2009). Boston University Public Interest Law Journal, Vol. 18, pp. 403-425, 2009, Available at SSRN: https://ssrn.com/abstract=1441370

Adele Bernhard (Contact Author)

New York Law School ( email )

185 West Broadway
NYC, NY 10013
United States

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