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

Authors

Adele BernhardFollow

Document Type

Article

Publication Date

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.

Comments

Wrongful Convictions Symposium
Drake Law Review, Vol. 52, Issue 4 (2004), pp. 703-738

Recommended Citation

Bernhard, Adele, "Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated" (2004). Articles & Chapters. 1494.
https://digitalcommons.nyls.edu/fac_articles_chapters/1494