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Saturday
Jan292005
Saturday, January 29, 2005 at 08:41AM
With the advent of DNA
testing in the 1990s, more than 150 capital felony prisoners have been
freed. According to a study by the University of Michigan, such
releases have gone from an average of about 12 per year to 48 per year,
a 400 percent increase, and are continuing to grow. Much of this
increase is also due to the creation of ''Innocence Projects'' in 31
different states, where volunteer investigators, criminologists and
lawyers assist in securing the release of innocent defendants. Florida
is one of those states. The question of whether or not wrongfully
convicted and imprisoned persons are entitled to compensation is often
governed by local statute. The federal government ($5,000 cap),
District of Columbia (no cap), and 18 states have differing
compensation laws that require payment of specified amounts. Maryland,
New York and West Virginia have no cap on payment of damages. Some
state awards are on the high side. Alabama, for example, allows $50,000
or more per year served; Tennessee has a $1 million cap; and Texas
allows $25,000 per year served up to cap of $500,000. Other state
awards are much lower. California allows $100 per day for time served,
and Iowa pays out $50 per day for time served. The most unique is
Montana where the compensation is free tuition to any state school.
Sometimes, in states without specific laws, special compensation bills
are passed by the legislature in unusual cases of wrongful incarceration. [more]