Ex-inmate near execution awarded $14 million

[Epistemologist]

$14 million for exonerated ex-inmate - Crime & Punishment - MSNBC.com

NEW ORLEANS - A federal jury awarded $14 million Friday to a former death row inmate who came within weeks of execution but was exonerated. John Thompson, 40, maintained through 18 years in prison that he was innocent of killing hotel executive Ray Liuzza, 34, during a robbery in December 1984. In 1999, weeks before Thompson was to die, a defense investigator found a crime lab report that cleared him of the robbery charge. The blood type of the robber, found on the victim’s pants, did not match Thompson’s.

Should the state pay the falsely accused with its citizens' money for its own mistakes? Or is this tantamount to the citizens paying the falsely accused for the citizens' mistakes? Should the falsely accused even be payed? If not by the state, then by whom? If not at all, why not? If by the state, then why?

[notworthabean]

it depends. perhaps they shoudl take his job and figure out how much money hes lost.

[JJB]

When there is such a serious miscarriage of justice as in the MSNBC article, the state must pay very generously, to at least attempt to salvage confidence in the judicial system.

[Scribbler1]

There is another side to this, which is WHO pays. The prosecutors, according to the story, are to pay this guy. This of course will come no where NEAR the total award. I think NOW the people are paying for the mistakes of others.

Those others should be fired and stripped of their licenses to practice law.

[Osborn F Enready]

The citizen should be awarded, restitution, that is reasonable.

I think restitution could be made in a freedom from state tax, for life, as well as a minor cash award and record expungement by the state.

[loser]

In 1999, weeks before Thompson was to die, a defense investigator found a crime lab report that cleared him of the robbery charge. The blood type of the robber, found on the victim’s pants, did not match Thompson’s.

A defense investigator? 15 years after the crime? I'm sure that wasn't part of his court-appointed lawyer's team. Isn't it amazing how the prosecutors AND the defense overlooked this piece of evidence?

Nahh...happens ALL the time. When you have a handy 'patsy', I mean suspect, why bother with petty details like evidence? That's that good-ol'-boy Louisiana justice shining brightly. That nice Irish name (Liuzza) that the hotel exec had surely didn't figure into the crime...there's no Irish Mafia in bed with government officials in the squeaky clean town of New Orleans. That was no mob hit...that's just the stuff of movies.

There's a good chance that after 20+ years, the real perpetrator is dead by now. I'd bet a nickel to a dime that if blood samples of 'family' hit men (or even family members) were analyzed, they'd find their match. But that will never happen.

Did someone mention confidence in the judicial system?

HA HA...good one.

You were joking, right?

[Epistemologist]

Quote by: loser You were joking, right?

Well, no, actually my question related to this confidence in government when I asked who should pay if any payment is in order.

[loser]

When governments are corrupt (a given), the public (poor masses) ALWAYS pays.

It's the best mankind, with its hero-mania/worship, can do.

If the judicial system wasn't horrendously corrupt, this poor man would have never gone to prison for a crime BOTH the prosecutors AND the defense KNEW he didn't commit.

The only other scenario possible is that the man willingly played the patsy (fall guy) for monetary gain (it happens more than you would care to believe).

Do a separate debate on the integrity of our judicial system and be astounded at all of the horror stories that you will hear (and this just from the lucky ones, the really poor unfortunates will never be able to tell their story at a site like this).

[Epistemologist]

Quote by: loser When governments are corrupt (a given), the public (poor masses) ALWAYS pays. It's the best mankind, with its hero-mania/worship, can do.

Is that good? Or what do you think a good solution would be? An attempt to clean up? Or full-blown anarchy?

[Fonceai]

I think they should take a logical approach to repayment.

Start with his salary when he was arrested.

Increase it by 3% each year for inflation, except every 3rd year, where the salary gets a $4,000 increase to account for promotion.

All that does is pay him for his time.

To pay him for the government's mistake, the money should be received by him tax free and he should receive full and complete documentation that not only were the charges dropped, but he should have documentation that he was wrongfully imprisoned, so there is no confusion that he was arrested on a technicality.

To pay him for his brush with death, he should receive a second installment of his 18 year adjusted income. Start with the final amount calculated for the day he left prison, then scale it up for the next 18 years, 3% inflation, 3rd year promotion. That money will also be given as a tax-free lump sum.

[Scribbler1]

That's a start. At least you have some kind of formula to go with instead of some random award from a jury, where the amount would depend heavily on how good his lawyer is.

[Compugasm]

At least we know he couldn't be the father of Anna Nicoles baby.

[Pockets]

The wrongly accused should be renumerated in cases of prosecutorial misconduct. I believe that is how most states do it now. I think reform is needed when it comes to new DNA tests and requests for a new trial. DNA testing has opened many doors over the last 10-15 years. I am not up on every state. Illinois seems tough. The new evidence must be:
1. Must be exculpatory
2. Must have been available at the time of the original trial
3. You must prove the new evidence could have changed the original verdict
There are similar stips on DNA. DNA has proven to be revolutionary. The whole system must evolve.

[Apeman81]

The relationship of the government and the governed is one of good faith. We trust our legal system to do all it can to bring out the facts and adjudicate them properly.

If no breach of that good faith is sighted, no remuneration should be given.

The idea being that if justice is blind, it can't help but make mistakes, in both directions. Some may be falsely imprisoned, and other will be released despite their guilt.

Such payments are a fools errand.

[Gods_Mercenary]

First of all, if it's a simple wrong conviction, then it's the jury's fault, and not the state's, but if the legal system itself obstructed justice, then he should be payed generously.

[Keith Hamburger]

Quote by: Gods_Mercenary First of all, if it's a simple wrong conviction, then it's the jury's fault, and not the state's, but if the legal system itself obstructed justice, then he should be payed generously.

And, the payments should not come from direct government payments. The payments should come from those who committed the obstruction, or otherwise lead to the failure of the system. The prosecutor, the judge, the investigators, even the defense lawyers if it can be shown that they acted in a negligent manner. (the reason I specify "direct government payments" is that most of these people are paid by the government. If we garnishee their wages, that's still government payments, but I don't see any other way.)

Of course, our government will never directly hold their own agents responsible for malfeasance. If they did we would see the system cleaned up very quickly, though.

Keith

[bishop]

this is why i don't think the death penalty could ever be applied in the absence of documented video evidence, or genetic evidence... personally, i'd rather just abolish the death penalty altogether because life imprisonment in u.s. prison's is a fate worse than death. but, that's besides the point, since there's no arguing with american bloodlust.

this guy definitely deserved the money for the serious wrongs the state committed against him. they effectively ruined his life, and subjected him to the psychologically horrid conditions of life on death row - through absolutely no fault of his own.

his lawyer definitely deserves a cut of the compensation though.. after all, had it not have been for his hard work, this innocent man would've been murdered by the state.

[The Decider]

Quote by: Apeman81 The relationship of the government and the governed is one of good faith. We trust our legal system to do all it can to bring out the facts and adjudicate them properly. If no breach of that good faith is sighted, no remuneration should be given. The idea being that if justice is blind, it can't help but make mistakes, in both directions. Some may be falsely imprisoned, and other will be released despite their guilt. Such payments are a fools errand.

Malpractice is malpractice; that is, it is preventable. If a surgeon leaves his scapel in your body, he owes the patient damages above and beyond "lost salary."

In this case, the state prosecutors screwed up. They are paid for competant work. When their incompetance puts an innocent citizen on death row, the prosecutor's employer--the state--is liable for big damages. That's fair.

$14 million for 19 years in a cage, awaiting death, is in my view on the low side.

[bishop]

life on death row is normally 23 hours a day in the cage, 1 hr for exercise, and you get something like 3 showers a week.. no human interaction and some places practice extreme sensory deprivation - where there is no mental stimuli, interaction, and they never turn the lights off... perfect recipe for creating a situation of utter despair and psychosis.

Fight the Death Penalty in USA - Articles
Death row prisoner Howard Guidry

people in this country like the death penalty like they like their wars, "clean" and out of sight.. anything to cover up the inherent dirtiness of the act. personally, seeing the public all riled up over someone's impending death brings these images to mind...

http://www.geocities.com/richard.cla...om/fariba1.jpg
http://www.sikhsundesh.net/execution.jpg
http://isaacschrodinger.typepad.com/.../stoning_1.jpg

[Osborn F Enready]

If JUSTICE is the product of the Justice System, I fully support the death penalty by firing squad.

The problem is, justice isn't being issued by the justice system any longer.
It doesn't even recognize it anymore.