Wrongful Conviction & Compensation

Because sending an innocent man to prison should be the ultimate affront to any criminal justice system, the issue of compensation to the victim for wrongful conviction must be addressed as an important area of legal reform. Given the fallibility of all human systems of criminal justice, a system of compensation, other than "ex gratia," should insure that victims of wrongful conviction are uniformly compensated. An additional area of legal reform should include a change from an adversarial system of justice to an inquisitorial one, in which judges are held more accountable for an investigation into the issues and evidence of a given case.

The four styles of social control used by Canadian courts are compensation, conciliation, punishment, and treatment . . . [but] no single one of these purposes is common to all Canadian courts (Boyd, 1994, p. 145). In the case of wrongful conviction to be discussed, as is the case in criminal courts in general, the court has two separate tasks: (1) it must establish the guilt of the accused, and (2) it must prescribe an appropriate punishment or treatment. The two missing components--conciliation and compensation--are not present in the following case of David Milgaard, and the general welfare of the Canadian judicial system is worse off as a result.

The fallibility of the courts is put under a magnifying glass in the case of David Milgaard, wrongly accused and convicted of the murder of Gail Miller, on the morning of January 31, 1969.

Related Essays

Civil Law vs. Criminal Law There are several basi .... death either through negligence of a wrongful act .... or society in general, rather than seeking compensation for any .... of 15 years to life for a conviction on second .... (1552 6 )

Several Essays on Crimes 1. The maximalist .... Some opponents of victim compensation funds consider these .... of retributive justice include conviction and punishment .... justice is toward past wrongful acts and .... (2681 11 )

Insider Trading Insider Trading .... by a 4-4 split, the conviction on securities .... requirement that there be affirmatively wrongful acts .... this argument does not support such compensation for managers .... (5701 23 )

Banning Handguns & Other Guns .... a violent arrest and/or conviction record .... Such wrongful convictions, stated Jackson and Burke (1999 .... Walker's Proposition #27: Victim Compensation Programs Among .... (7132 29 )

Conscription as a Concept of Social Justice .... Hitler was to prove in 1932, conviction about the .... of its being the agent of compensation: that is the .... dialogue must "bring relief from wrongful exploitation" (p .... (10644 43 )

rtainly ("shall") and as of right ("according to law") be compensated. Of course, little of this will comfort Milgaard, who will exist in a state of judicial limbo with regard to his compensatory guilt or innocence. Boyd (1994) closes his discussion on wrongful conviction with yet more questions stemming from the Milgaard affair. He wonders, "What procedure should the Minister of Justice employ in evaluating claims like Milgaard's? And in what circumstances should compensation be contemplated?" (p. 150). Surely Milgaard deserves to be compensated for entering prison as a teenager and not emerging until middle age. His lost wages alone would provide a hefty sum, not to mention compensation for mental duress. As Kaiser (1989) recommends, "compensation should flow fairly, generously, and as of right" (p. 151). What are the consequences of not pushing for wrongful conviction reform and change to an inquisitorial system of justice? If the status quo is allowed to prevail, and Canadian courts are permitted to award money only on the basis of "ex gratia," then the courts are not being asked to obey the same laws that apply to society. If courts routinely ask companies and individuals to pay compensatory damages, it follows that th

Category: Government - W