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Should the Acquitted Recover Damages? The Right of an Acquitted Defendant to Receive Compensation for the Injury He Has Suffered

Criminal Law Bulletin, Vol. 47, p. 474, 2011

42 Pages Posted: 10 Sep 2011  

Omer Dekel

Ramat Gan Center of Law and Business

Date Written: March 1, 2010

Abstract

The article addresses the question of who should bear the costs of a criminal proceeding resulting in an acquittal. A criminal proceeding involves a large number of costs - both financial and emotional, generally born by the defendant, regardless of the trial’s outcome. This article argues that barring a small number of exceptions, the prosecution should bear the various costs of an acquitted defendant’s trial process.

Keywords: criminal, criminal proceeding, acquittal, defendant, compensation

JEL Classification: K14, K41

Suggested Citation

Dekel, Omer, Should the Acquitted Recover Damages? The Right of an Acquitted Defendant to Receive Compensation for the Injury He Has Suffered (March 1, 2010). Criminal Law Bulletin, Vol. 47, p. 474, 2011. Available at SSRN: https://ssrn.com/abstract=1924884

Omer Dekel (Contact Author)

Ramat Gan Center of Law and Business ( email )

26 Ben Gurion Ave. Ramat Gan
POB 852 Bnei Brak
Ramat Gan, 51108
Israel

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