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Authored by: kg on Thursday, December 20 2012 @ 01:06 AM EST |
However, I don't think there are any reparations for you
having been imprisoned, even if the law has been declared
unconstitutional. You get out, your name is cleared (in some
cases), and that's that.
Most states still don't reimburse those who were falsely
convicted, and since they didn't belong in prison, the
services and training available to those who have finished
their sentence are generally not available. Because after all,
those are only to rehabilitate the guilty...
---
IANAL
Linguist and Open Source Developer[ Reply to This | Parent | # ]
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- I get out of jail - Authored by: Anonymous on Thursday, December 20 2012 @ 09:35 AM EST
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Authored by: Anonymous on Thursday, December 20 2012 @ 10:37 AM EST |
Technically, it's a very difficult concept. Use an easy
example that you're familiar with from Law & Order and
countless TV shows- the Miranda warning. It was established
in Miranda v. Arizona. The Court found that the admission of
Miranda was inadmissible, so he was set free, right?
No. On remand, the prosecution retried him and convicted him
with other evidence. Okay, but every other prisoner in jail
that didn't get a Miranda warning was set free for their
unconstitutional imprisonment, right?
No.
But they at least got a new trial with the unconstitutional
confession tossed, right?
No. The rule was prospective only.
The question of whether (especially in criminal law context)
Supreme Court rulings are prospective are retroactive is
incredibly fraught and difficult.[ Reply to This | Parent | # ]
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- I get out of jail - Authored by: Anonymous on Thursday, December 20 2012 @ 01:09 PM EST
- I get out of jail - Authored by: Anonymous on Thursday, December 20 2012 @ 03:10 PM EST
- I get out of jail - Authored by: Anonymous on Saturday, December 22 2012 @ 10:35 AM EST
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Authored by: Anonymous on Thursday, December 20 2012 @ 05:01 PM EST |
No matter what the result in a criminal case, and any case where you go to jail
must be criminal, it doesn't necessarily apply to a civil case.[ Reply to This | Parent | # ]
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