U.S. Supreme Court to let stand $28.1 million judgement against - PowerPoint PPT Presentation

Feb 25, 2023 •304 likes •383 views

U.S. Supreme Court to let stand $28.1 million judgement against Gage County in Beatrice Six Case National Landscape 35 states + Federal Government +District of Columbia Key Elements of Strong Compensation Laws 1. Fixed payment of at least

U.S. Supreme Court to let stand $28.1 million judgement against Gage County in Beatrice Six Case
National Landscape 35 states + Federal Government +District of Columbia
Key Elements of Strong Compensation Laws 1. Fixed payment of at least $50,000 per year of wrongful incarceration 18 States + Federal Gov’t + District of Columbia 2. Reasonable eligibility requirements: a) Affirmative proof person did not commit the crime, or act as accomplice or accessory. b) Conviction reversed or vacated, & charges dismissed, or person found not guilty upon re-trial OR pardon based on innocence. c) Burden of proof is preponderance of evidence 3. Courts adjudicate claims : 22 states + Federal Gov’t + D.C. 4. Offset with Civil Lawsuit Payments . 5 states
Kansas & Nevada Laws • Process : File civil claim in district court. • Eligibility : Preponderance of evidence. • Monetary Benefits: Kansas Nevada $65,000/yr 1-10 yrs= $50,000/yr 11-20 yrs= $70,000/yr >20 yrs= $100,000/yr • Non-Monetary Benefits: Tuition, health care, counseling, financial literacy, housing. • Certificate of Innocence & Expungement. • Civil Payment Offset Provision. • Paid for by State Tort Claims Fund.
Compensation Funding Sources State Tort Claims Fund (7 states) KS, MS, NE, NJ, NV, NY, OK Risk Management Fund (2 states) TN, WA Legislative Appropriation (16 states) AL, CA, CO, CT, FL, HI, IA, IL, LA, MA, ME, MN, MO, TX, VA, WV Exoneree Compensation Fund IN, MI. State Emergency Fund (3 states) MD, NC, OH State Treasury (3 states) NH, VT, WI Crime Victims Fund & Commission on Criminal Justice ( 1 state ): UT
What to Avoid • Insufficient Amount. • Overly Restrictive Eligibility Requirements. • Unreasonable Deadlines. • Unworkable Funding Structure.

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