The Wrongful Death Blog The best information about wrongful death cases

12Sep/080

Do we support those the justice system fails?

Driving around the other day, I was listening to a news story on the radio about the lack of support exonerated inmates receive in Michigan once they are released from prison.

I was struck by the stories of several individuals who were released and left to languish, despite the fact that they had spent as much as 26 years in prison for crimes they did not commit.

The story also sparked a question in my mind – what do we do in Wisconsin?

It turns out that Wisconsin is one of 25 states that does allow for possible compensation for exonerees, according to figures from the national Innocence Project. However, the level of compensation is the lowest among the states providing compensation.

Exonerated prisoners can petition a claims board seeking $5,000 per year up to a total of $25,000. In order to receive compensation, they must prove their innocence to the board with clear and convincing evidence.

Keith Findley, who runs the Wisconsin Innocence Project, characterized compensation as “woefully inadequate.” He also said the process puts a “high burden” on the exonerated prisoner, who may not have the wherewithal to make it through the claims process.

By comparison, exonerated prisoners in Louisiana are eligible for $15,000 year for each year of wrongful incarceration. The total amount of compensation is capped at $150,000. However, their support goes beyond money, so that courts may also award: money for job training for one year, medical and counseling services for three years, tuition expenses at a community college or the state university system.

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