Abstract

http://ssrn.com/abstract=1569879
 


 



Wrongful Convictions as Rightful Takings: Protecting 'Liberty-Property'


John Martinez


University of Utah - S.J. Quinney College of Law

December 2, 2007

Hastings Law Journal, Vol. 59, No. 515, 2008

Abstract:     
We have an imperfect system of criminal justice in which we try our best to be right most of the time, but in which people inevitably will be wrongfully convicted. The conventional approach of treating wrongful convictions as "failures" of the criminal justice system leaves wrongfully convicted people free but uncompensated for the harm they have suffered: they are set free to be poor. This article proposes that wrongful convictions a reconstructed Just Compensation jurisprudence in "relational" terms compels the provision of compensation for those wrongfully convicted.

Keywords: Wrongful Convictions, Takings, Just Compensation

JEL Classification: K42, K19, K14, K11, J79, J49, J41, J38, J22, J17, I32, I31

Accepted Paper Series


Not Available For Download

Date posted: March 25, 2010 ; Last revised: March 4, 2013

Suggested Citation

Martinez, John, Wrongful Convictions as Rightful Takings: Protecting 'Liberty-Property' (December 2, 2007). Hastings Law Journal, Vol. 59, No. 515, 2008. Available at SSRN: http://ssrn.com/abstract=1569879

Contact Information

John Martinez (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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