First, the payout is $50,000/year. Which... each year in prison may reduce life expectancy by up to two years. So the longer the unjust incarceration, the less likely the person will get the full (too-little) payout.
MS law doesn't pay for pre-trial detention, which... here?
MS law doesn't pay for pre-trial detention, which... here?
https://twitter.com/madeleinebaran/status/1366813045113184258
Flowers has spent twenty years behind bars, but is only getting paid for ten. Guessing that must be because the incarcerations he endured between reversal and re-conviction don't "count."
I can see* the logic in the usual case, but... here? Seems distinctly unjust.
I can see* the logic in the usual case, but... here? Seems distinctly unjust.
The logic, of course, is that pre-trial detention ALWAYS carries the risk of being wrong. It's ALL ABOUT locking ppl up before we know their guilt.
Ofc, if the state had to pay for its errors in all cases, maybe it'd think A LOT MORE CAREFULLY before upending someone's life.
Ofc, if the state had to pay for its errors in all cases, maybe it'd think A LOT MORE CAREFULLY before upending someone's life.
So lots to say in defense of requiring the state to pay for incarcerations when there is an acquittal or reversal, for jail and prison alike.
But one can at least see the logic for the pre-trial exception. But seems deeply problematic here, even on those terms.
But one can at least see the logic for the pre-trial exception. But seems deeply problematic here, even on those terms.
An update, which is arguably WORSE.* MS only pays you for the first ten years you spend unjustly locked up. Anything after that is... on... the person?
* That said, at least MS has this sort of regime in place. Not everywhere does.
* That said, at least MS has this sort of regime in place. Not everywhere does.
https://twitter.com/ChrisKemmitt/status/1367114599120723969
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