>Mandatory compensation for exonerees
The majority of people exonerated after proving their innocence have not been compensated for the injustice they suffered and the time they spent incarcerated.
Our current Western Australian laws do not meet society’s moral obligation to help exonerated persons recover from the injustice they suffered and the years of freedom they lost.
The punishment continues after incarceration…
An innocent person wrongly convicted of a crime is robbed of his freedom, his family and friendships, and his livelihood – in order to be subjected to the unique horror of prison. Unfortunately, the nightmare does not end there. With no money, housing, transportation, health services or insurance, and a criminal record that is rarely cleared despite innocence, the punishment lingers long after innocence has been proven. States have a responsibility to restore these innocents’ lives to the best of their abilities.
Why Should a State Compensate the Wrongly Convicted?
Despite their proven innocence, the difficulty of re-entering society is profound for exonerees.
Need for Immediate Services:
- Financial support for basic necessities and housing
- Assistance in the development of workforce skills
- Psychological Services — Post-traumatic Stress Disorder is just one common issue faced by the recently released,
- Legal services to obtain public benefits, expunge criminal records, and regain custody of children
Help Regaining Lost Time
• Job counselling to overcome the loss of skills that would have otherwise been built and deficit in work/professional experience caused by wrongful conviction
• Counselling services to repair damaged relationships and address the psychological strains of the wrongful conviction and prison experience
Official Acknowledgement of a Wrongful Conviction
• Public recognition of the harm inflicted upon the innocent fosters an exoneree’s healing
• A second injustice adds insult to injury. Society has an obligation to promptly address and compensate for the grave injustice it has caused.
The Innocence Project is intimately familiar with the tremendous pain and challenges exonerated people encounter after release, and has developed a series of recommendations for states to compensate the wrongly convicted.
The moral and legal obligation to provide compensation
With no money, housing, transportation, health services or insurance, and a criminal record that is rarely cleared despite innocence, the punishment lingers long after an innocent person is exonerated. States have a responsibility to restore innocent people’s lives to the best of their abilities.
The Innocence Project recommends that the state of Western Australia:
Award costs in the District and Supreme Court for persons who are found not guilty or whose charges are dropped by the DPP.
Compensate exonerated people immediately after release with a fixed sum or a range of recovery for each year of wrongful incarceration.
Provide immediate re-entry funds and access to job training, educational, health and legal services after an innocent person’s release.
A safety net, not another battle
With no recourse for a civil lawsuits in order to be compensated it is currently at the Attorney General's discretion to compensate a person via an ex-gratia payment, rather than creating a policy for compensation any time someone is proven innocent.
When people are exonerated, they should find a safety net, not another long legal or political battle.
