Exonerated Having Trouble Getting Exonerated

Tuesday, April 29th, 2008

Sad story in the Washington Post on how difficult it is for people wrongly convicted to get their lives back together. Probably wouldn’t surprise you to learn that a big part of the problem is foot-dragging by politicians and bureaucrats.

In Illinois, to regain a certifiably clean record and collect compensation–a lump payment of $60,150 for five years or less in prison, or $120,300 for six to 14 years–an exonerated inmate must obtain a “pardon based on innocence” from the governor. A 15-member state review board interviews the petitioners and makes a recommendation, but the governor is not obligated to make a decision.

“The governor is not acting on them,” said Karen Daniel, senior staff lawyer with the Center on Wrongful Convictions, which is pressing [Gov. ]Blagojevich to decide on Pollock’s case and others. “In most of these cases, it’s really not a hard decision. Sometimes there’s still some controversy left after the conviction is thrown out, but in most of these cases there is no disagreement.”

You’d think that a state like Illinois–which is where this whole wrongful conviction movement started–would be leading the country on this stuff, not lagging it.

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19 Responses to “Exonerated Having Trouble Getting Exonerated”

  1. #1 |  Dan | 

    $60,150 for 5 years of your life? How generous!

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  2. #2 |  Against Stupidity | 

    I’m sure they’ve figured that free room and board into their generosity.

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  3. #3 |  Steve Verdon | 

    You’d think that a state like Illinois–which is where this whole wrongful conviction movement started–would be leading the country on this stuff, not lagging it.

    Why? Why assume the politicians in Illinois are any less a bunch of scumbags, than any other part of the country?

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  4. #4 |  BGallagher | 

    Politicians in Illinois are, on average, bigger scumbags than their counterparts in the rest of the country. None of them has ever show any interest in exoneration. Former Gov. Ryan only brought it about to deflect scrutiny from all the corruption investigations.

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  5. #5 |  Danno49 | 

    Talk about there really oughta be a law . . .

    If one is exonerated from a crime they have been convicted of and/or jailed, the offending government agency needs to reimburse the individual based on what their market value is for the time they were put away PLUS punitive damages. None of this low-balling shit. And an independent panel needs to arbitrate the amount of damages awarded. It should be automatic. No appeal for the government. What’s decided by the arbiter is final. Perhaps we’d see less frivolous prosecutions if there is a definite penalty if charges are found to be false?

    One real fuck of this? No law should have to be made. The mechanism should already be in place out of common decency to the individuals who will never get the time that was stolen from them back. At least a bit of monetary award would go to help the person regain some sense of normalcy.

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  6. #6 |  Dave Krueger | 

    Government is never having to say you’re sorry.

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  7. #7 |  Dave Krueger | 

    Once accused of a crime, you’re instantly a second class citizen. It seems to be almost irresistable for people to think that if you’re accused, you probably “did it”. Even people who have been the subject of a drug raid based on bad info from a CI are tainted in the eyes of most people (especially if you’re poor and black). There’s not much sympathy. And it’s even worse if you’re actually convicted.

    The government doesn’t have compensate you, because there is never really any public outrage capable of getting their attention. The primary requirement they have to meet to keep their jobs is to be “tough on crime”.

    Hell, even if you aren’t convicted, people don’t think you’re innocent. They just think you “beat the rap”.

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  8. #8 |  Andrew Williams | 

    The lies appear on page A1 for all to see. The truth is then printed on page A26, net to the ads for chiropractors. ‘Twas ever thus.

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  9. #9 |  nom de guerre | 

    i DO believe the governor of illinois is a member of the party that (says they’re all about) “helping people”. why then won’t he process the paperwork? why hasn’t the democrat presidential contender from illinois pressed him on this matter? don’t they *care*? won’t signing the papers *change* the lives of the railroaded?

    could it be that EVERYthing a democrat says is a lie?

    or is this all somehow bush’s fault? i bet that’s it …..

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  10. #10 |  Zeb | 

    Maybe the wrongly imprisoned should get a “get out of jail free” card. If they are ever convicted of anything in the future, they get the time they already wrongly served credited toward their new sentence.

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  11. #11 |  Tokin42 | 

    Spineless and pathetic, typical of politicians of both parties.

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  12. #12 |  Windypundit | 

    You’d think that a state like Illinois–which is where this whole wrongful conviction movement started

    A lot of those wrongful convictions probably date back to when Blagojevich’s buddy (and Mayor of Chicago) Richard Daley was Cook County State’s Attorney. Besides, these days our governor is a little more concerned about the possibility of his own rightful conviction…

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  13. #13 |  Matt Moore | 

    Andrew Williams - It’s ironic that the truth is printed next to misleading advertising.

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  14. #14 |  Scott | 

    You’d think that a state like Illinois–which is where this whole wrongful conviction movement started–would be leading the country on this stuff, not lagging it.

    Illinois is hardly a beacon for the Libertarian-minded. The whole “wrongful conviction movement” began when it was finally revealed that every single element of the state’s legal system is as bent as a butcher’s hook. Gov. Ryan pissed off a whole lot of folks with his blanket commutations, but at the very least it shed some light on a machine that is rotten to the core. Still, I’d not hold my breath waiting for my home state to make any serious effort to correct, or even simply address, the problems that led to his decision. It’s too busy trying to sort out the various scandals its elected politicians and officials invariably seem to get themselves into.

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  15. #15 |  FP | 

    I’d expect nothing less that foot/knuckle dragging by Illinois, home of Daley etc. and such cases as the “precursor” sex offender Fitzroy Barnaby.

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  16. #16 |  Kieffer | 

    The issue with Blago is that tries to save any decision until he can use it for political gain. He’s not particularly smart, and even less savvy when it comes to dealing with people. He bought the Governor’s race with his dad’s chits in the wake of a Republican scandal and the inability of his own party to do anything other than squabble among themselves for “their” share of the pork pie. He thinks he’s slick, but every move he makes is completely transparent. He’ll issue the pardons just as he’s being indicted, along with the rest of his administration, to try and poison the jury pool.

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  17. #17 |  chsw | 

    The politicians think that it’s their money. Everything else about Gov. Blagojevich may be spot on, but it is the attitude towards the wronged that’s galling.

    chsw

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  18. #18 |  JW | 

    Since I’m living through Blago’s reign of incompetence here in Illinois. I can tell you this probably has very little to do with their innocence and more to do with the fact that Blago doesn’t care about anyone or anything unless it is in his political agenda. He’ll happily let those sit unsigned in limbo until a new administration takes over.

    Sad but true.

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  19. #19 |  pam | 

    I do like the open road tolling though. Idk, his name “r” on the signs. Did he actually have anything to do with that, cause it’s hard to believe? It’s so efficient and such happiness, it just can’t be him. Maybe he should apply a similar system to compensation for the wrongly accused. And it proves these deadbeat politicians can get something done when they want to. It’s the only thing I’ve seen work around here in a long time. I wonder if they’ll ever finish the construction of it?

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