Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated

36 Pages Posted: 30 Apr 2009

Date Written: 2004

Abstract

With this Article, I hope to motivate state legislators to enact responsible, practical compensation statutes and encourage courts to entertain state law and civil rights claims brought by those who have been unjustly convicted and later exonerated. I begin by looking at the reasons for enacting compensation statutes: uniformity, practicality, popular support, and fairness. Next, I dissect the arguments raised by opponents. Finally, I turn to recent judicial decisions hinting that courts may be stepping in where legislatures fear to tread.

Suggested Citation

Bernhard, Adele, Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated (2004). Drake Law Review, Vol. 52, 2004, Available at SSRN: https://ssrn.com/abstract=1396849

Adele Bernhard (Contact Author)

New York Law School ( email )

185 West Broadway
NYC, NY 10013
United States

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