They are damaged people the experience lives with them for ever, he said. A new identity is forced upon them by the institution and/or other prisoners. Currently, most Australian jurisdictions are not generous, nor are they transparent, in awarding compensation. It would be preferable for each Australian state and territory to either implement legislation akin to the Human Rights Act 2004 (ACT) or draft specific guidelines for the award of compensation to wrongfully convicted people (akin to those used in New Zealand). Did Dr Adrian Hoel has research interests in criminal law and sentencing. To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence. As such, the protections offered in tort law to wrongfully convicted people are more of theoretical rather than practical utility. http://www.huffingtonpost.com/entry/exonerations-2015_us_56ac0374e4b00b033aaf3da9, https://www.innocenceproject.org/compensating-wrongly-convicted/, http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.103.htm, http://www.npr.org/sections/money/2014/06/16/320356084/when-innocent-people-go-to-prison-states-pay. The term literally means 'out of grace' rather than as a debt of justice. Taylor N 2005. People who have been wrongfully convicted will be compensated in various forms, including money. The severity and/or nature of the conviction and sanction would be relevant to determining what level of compensation would be appropriate. Thirty-eight states and the District of Columbia now have state wrongful conviction compensation statutes. Occasionally, facts surrounding a wrongful conviction may also support tortious claims, such as a false imprisonment, malicious prosecution or misfeasance (New Zealand Law Reform Commission 1998; Percy 2007). To use social login you have to agree with the storage and handling of your data by this website. All Rights Reserved. Star Ledger For this paper, wrongful conviction will be limited to the last category outlined above. In 2014, there were 139.
how much compensation for wrongful imprisonment nsw