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
Date Written: March 1, 2010
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: Suggested Citation