WRONGFUL CONVICTION COMPENSATION 1
Wrongful Conviction Compensation
Bobbie Jean Smith
Liberty University
Dr. Jared Linebach
December 13, 2020
WRONGFUL CONVICTION COMPENSATION 2
Wrongful Conviction Compensation
There are some very effective organizations that are privately funded such as the
Southern Poverty Law Center and The Innocence Project which reaches out to individuals who
have been wrongly convicted. Without these programs, and the people who work in and with
them, there would be many individuals that would not be heard. Once they have been convicted
and incarcerated, it is very hard to fight a case from inside the prison -- this is where these
organizations come in. The effort to get you out, even though you are wrongfully convicted,
does not push your case to the top of the list. In terms of these cases falling on the desk of the
criminal justice system itself, that's where it went the first time and it failed the individual in a
huge way.
How can we improve the system so that it is not failing? Provide the same quality
assistance to individuals who are not able to afford an attorney. There should not be any
differentiation on the quality of legal services. Also, compensation for a person who has been
wrongfully convicted is not available in all states.
According to the Innocence Project, Illinois, Iowa, Nebraska, Ohio and Wisconsin are
among the 26 U.S. states with laws to provide compensation for individuals wrongfully
convicted of crimes. Michigan would be added to this list under bills (SB 61, HB 4171)
introduced earlier this year.
These state laws vary widely. In its December 2009 report “Making Up for Lost Time,”
the Innocence Project found that compensation ranged from a maximum total of $20,000
(regardless of the number of years spent in prison) to $80,000 per year of wrongful imprisonment
(Policy and Research).
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Under federal law, those wrongfully convicted of federal crimes receive up to $50,000
per year of wrongful incarceration, plus an additional $50,000 for each year spent on Death Row;
only five states (none in the Midwest) provide this level of compensation (Policy and Research).
Several states deny funding to anyone who falsely confessed, pleaded guilty or was
exonerated without the benefit of DNA testing. The Innocence Project also found that only 10
states (including Illinois) provided support services such as job training, educational waivers,
housing assistance or health coverage.
Wisconsin’s law is the oldest in the nation, dating back to 1911. The original law allowed
any person who served a term of imprisonment but claimed to be innocent to petition a claims
board. If the board found it “clear beyond a reasonable doubt” that the person was innocent —
and did not contribute to bringing about the conviction — it would determine the amount of
compensation (not to exceed $1,500 per year, or $5,000 total). If the claims board found that the
level of compensation was inadequate, it could submit a report to the legislature requesting a
different amount. The law remains largely the same, although the maximum compensation is
now $5,000 per year (Policy and Research). Does this seem fair?
In Illinois, compensation for exonerees was increased in 2008 to a maximum of
$199,150, and job search and placement services were added as well. The law also directs local
public employment offices to provide a range of assistance to exonerees. Last year, mental health
re-entry services were made available (Policy and Research). More life skills are offered in
Illinois, though I am sure the maximum has never been given.
Under Nebraska’s 2009 law, exonerees are eligible to recover damages of up to $500,000
“found to proximately result” from the wrongful conviction and that have been proved based
upon a preponderance of the evidence (Policy and Research). Once again, the individual has to
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go through the legal system “after” they were found innocent and “prove beyond a
preponderance of the evidence?
In 2010, Ohio amended its compensatory structure so that individuals could recover 50
percent of the per-year amount owed within 60 days of the determination of wrongful
imprisonment. This seems fair and shows that the criminal justice system does not want them to
suffer any more than they already have. So in Ohio, they don’t have to wait long – 2 months to
be compensated for being wrongfully convicted.
Post-conviction DNA testing is the primary factor in most modern exoneration cases.
Between 1989 and 2010, there were 289 post-conviction DNA exonerations. The average length
of time served by those who were found innocent through DNA testing was 13.5 years; 17 of
those individuals served time on Death Row (Policy and Research).
The leading causes of wrongful convictions include eyewitness misidentification and
false confessions (Policy and Research). When they state “false convictions” was it under
duress? That’s another question.
