DescentBB

http://story.news.yahoo.com/news?tmpl=s ... xoneration

I'm sure some people know this story. What do you think of this, and I suppose others? I think these kinds of people that had their whole life thrown behind bars only to be proven innocent later should get something. I say anything he wants.

no worky stinky linky zuricky
thx it works


that's tough. you'd think at least the major of the city where he was sentanced would step up and do something.

perhaps give him a job creating policy to properly deal with wrongful imprisonment.

anything like this to do with the prison system, i wonder how much power the prison industrial complex really has over these policys.

That's a pisser. It seems to me that at the very least he should get monetary compensation equal to what he reasonably could have expected to earn had he not been incarcerated.

i dont' think money is truly appropriate to deal with it. i recon the state should step up and plug this guy into higher society, with a position of distinction.

that kindof association at cigar partys may be just the kindof inspiring dinner conversation some of these squaters need to get off their diamond encrusted asses and FIX the lacking policy.

This is the reason I do not support the death penalty.

Birdseye wrote:This is the reason I do not support the death penalty.

amen

I read about this case a couple of months ago and apparently, the girl that was raped didnt even describe Dedge correctly. She said the guy was like 6'3 and weighed around 200 lbs, Dedge is 5'6 and weighs like 130. They convicted him anyways. Something is awry in the system...how many people do you think that say they are innocent...actually are?

It's a sad fact that you have to go by 12 jurors to determine if someone is guilty or innocent.

I'm for the death penalty in the case of especially heinous crimes (murder of a police officer, serial killers, etc). I also like the fact that it's not an automatic penalty; the possibility of life without parole is still there. I don't, however, enjoy paying for people with life sentences who have exhausted their legal resources to sit in jail and do nothing with their time. Make them clean up the highways or make license plates or something. Or start a program with some local manufacturing companies to provide cheap labor under the watch of prison wardens.

With the advent of DNA testing, I'm all for the death penalty. DNA testing proved beyond the shadow of doubt that he was innocent. It can also prove he was guilty. If a person kills in cold blood, their just reward is death at the hands of the state.

B-

What about the people who are killed who were innocent, but no DNA testing could be done in the case?

With the advent of DNA testing, I'm all for the death penalty.

What can be done at this point to vindicate the innocent? Nothing.
However, we now have the ability to prove beyond a shadow of doubt, guilt. Use it.
Do you believe that even 50% of those on death row are innocent? how about 5%? DNA sampling is very accurate and I highly doubt that since DNA testing has come onto the scene that even 1% of the death row inmates are innocent. Life in prison is not good enough. Their victims don't even have that.

I think I saw a television show a few years back about a fella who was on death row and DNA testing proved he was innocent. He was freed.
Our system is not perfect, but, over time it would right itself if the penalty fit the crime.

I have to agree with Zuruck (no the sun did not drop out of the sky!). Someone has to be held accountable for reimbursement and I'd start with the prosecutor.

Sorry to hi-jack your thread, Zurruck.

I also agree that someone should be held accountable.
How do you repay an innocent that's spend 20 years in prison? How do you place a value on that time?

B-

You can't do that Woodchip it would comprimise the prosecutors efforts and could bankrupt a community in civil settlements.
If a prosecutor is found to be blatently persecuting an innocent *then* hold them criminally liable as we already do.
As to restitution for the few wrongly convicted, that is a role for the federal government to step in and provide. As an outside party they wouldn't be admitting guilt opening the door to the lawsuits, it should be a function of the executive branch to seperate the judicial branch from liability in federal cases gone wrong perhaps. Totally off the top of my head here, I could be overlooking something important but my gut says I'm right

And I also vote NO on the death penalty but the party that introduces it as legislation should include torte reform as a part of the package...

I'd love to see some form of compensation for a guy who's wrongly convicted.

I don't think they should pay him millions -- but they should definitely put some resources in place to make sure he can get back on his feet. In particular, he should have some sort of case manager assigned to him who he can contact for reasonable assistance getting a place to live and getting some basic necessities.

The government has special low-income housing vouchers and SSI and a bunch of other welfare-type programs that would probably work very well short-term for a case like this. At the very least, someone should put the guy in touch with any program he'd be eligible for.

I dunno Will, I don't think the Feds are going to get involved in a states crimminal law case unless the individual was incarcerated based on civil rights issues. The prosecutor is a likely starting point as he has to approve the case to begin with. If a cop withheld crucial evidence then the cop would be held liable. At the very least the city where this occured should be held liable and pay damages to the wrongly accused.

If I've learned anything from the American legal community, it's that there's probably a line of trial lawyers stretching several blocks from this man's front door as we discuss this. He'll get his day in court and a settlement, no doubt. Keep in mind we don't know the facts of the case that convicted him. He may have been one of those Hitchcock-style defendents where all the circumstantial evidence pointed to him, had a victim that swore it was him, didn't have an alibi and had really bad legal representation. These things happen but hopefully they get fixed on appeal. Either way, you can't judge the law by the exceptions and the abberations. It's not perfect, no doubt, but it never will be, even with DNA testing. My guess is far more of the guilty go free than the innocent get convicted.

In the last few years in Canada there have been several cases where people convicted of murder have been cleared: Donald Marshall Jr., David Milgaard and Guy Paul Morin and others. Sometimes by DNA evidence sometimes by other things. http://www.cbc.ca/news/indepth/facts/wr ... icted.html
They have received substantial financial settlements for wrongful conviction. Mr. Milgaard for example was awarded $10 million dollars, but I don't know how much of their many years in prison that takes away. Mind you I think some of these guys would have ended up in prison anyway. They are not all saints.

well, Florida doesn't have one of those wrongful conviction compensation laws, so he's on his own. I don't know of a dollar amount, but it should be something good. He's 42 now, he was 20 when he went in, what is 22 viable years of someone's life worth? Using the mindset of "the system isn't perfect" just doesn't work, thse people are innocent Americans. Imagine if you were going home one day, the police were at your house, accused you of some horrific crime, you're thrown in jail for 22 years without your family, your freedom, nothing, then, they say "sorry" we messed up and here's your life back.

Compensation shouldn't be based on the amount of time spent in jail, the sad fact is, the people have spent more to keep him in than he would've reasonably made in that time.

900G + legal costs would do it.

Compensation shouldn't be based on the amount of time spent in jail

what should it be based on?

Ford Prefect wrote:In the last few years in Canada there have been several cases where people convicted of murder...

Yeah, but the're Canadian so it's ok.

roid wrote:

Compensation shouldn't be based on the amount of time spent in jail

what should it be based on?

Nothing.

I'd say if you're going to compensate him, it should be based on what's reasonable to provide him a stable environment for long enough that he can reasonably begin to provide for himself.

That is: get him the funding necessary to get a decent apartment and food for a few months, as well as some funds for clothing and furniture, and help him find a job. Provide him access to any job-finding or job-training services you have. At the very least, get him on his feet.

If he's already gotten on his feet, then don't worry about him -- but if he's gonna get out and end up living in somebody's basement eating Top Ramen, do what you can to help him out of that situation.

I'd say let the fed give him alot. They give grants to people to do all kinds of dumb shiz, they give aid after disasters, etc.

I'd say this was a major, major disaster for one.
It wouldn't cost much in the grand scheme of things to let this guy have a stretch of good fortune on the same level as the bad fortune that came his way.

How many of these cases are there on an annual basis? If it adds up to impact the budget then maybe the 'history of the snail darter' can take a back seat on the budget next year...

It would be a good way to right a wrong and say at the same time:
"Your wrongful imprisonment is an unfortunate side effect of an imperfect system but it's the best system we can come up with and we need it. So here's the best we can do $xxxxxxxx."

He deserves to be set for life. Give him at least a few million. Talk about pain and suffering! Years you can't get back, a life ruined.

Actually it would make better economic sense to fund his leagal bill while he sued the butt off the people that prosecuted him, then if he can prove they were willfully negligent or malicious in their pursuit of his case (as was the case with Mr.Milgaard) their insurance could carry the load of compensation.
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