What do states owe the exonerated?

States' compensation for wrongful imprisonment ranges from zero to millions of dollars.

By Amanda Paulson | Staff writer of The Christian Science Monitor

from the May 30, 2007 edition

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Chicago - This month, two men – both freed last year after DNA evidence exonerated them of the crimes for which they'd been in prison – received drastically different news about how they might be compensated for those lost years.

Connecticut legislators voted to award $5 million to James Tillman to help him get his life back on track after 18 years behind bars for a rape he didn't commit.

The Florida Legislature, on the other hand, denied Alan Crotzer's request for $1.25 million and let a bill die that would have standardized a compensation system for victims of wrongful conviction.

"I felt so disappointed," says Mr. Crotzer, who served more than 24 years in a Florida prison until DNA evidence cleared him of rape and kidnapping charges. He's been working odd jobs that pay less than $300 a week since he got out. "The bottom line is, I don't think I could ever put a price on freedom…. But they've got to put a system in place. [This issue] isn't going away."

The cases are typical results of the patchwork of compensation laws in the US, say experts. Last month, the 200th person was exonerated due to DNA evidence, but the majority of those released have gotten nothing but an apology – and sometimes not even that.

"We are exonerating people who did not commit crimes, spent two decades in prison or time on death row, and when they get out, there are fewer reentry services for these people than for individuals who actually committed crimes," says Barry Scheck, codirector of the Innocence Project at Yeshiva University's Benjamin N. Cardozo School of Law, which is dedicated to exonerating the wrongfully convicted. "It's a measure of decency."

As DNA exonerations become more plentiful – and more publicized – some states are moving on the compensation front. Of the 200 men who have been exonerated based on DNA evidence, about 45 percent have received some sort of compensation, according to the Innocence Project, with amounts that range from $25,000 to $12.2 million.

Twenty-one states, along with the federal government and the District of Columbia, now have standardized compensation laws on the books – offering exonerees amounts ranging from $15,000 total to $50,000 per year of imprisonment. Thirteen states have introduced bills this year to either create or improve compensation for the wrongfully convicted. Some of those bills, like the one that gave Mr. Tillman $5 million, dealt only with individual prisoners, but other states are trying to standardize the compensation.

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