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Tsquared10 t1_j8nty6f wrote

Reply to comment by code_archeologist in Lamar Johnson freed 28 years after wrongful murder conviction by CommanderMcBragg

> I hope he receives enough money to be set for the rest of his life.

Most states cap the damages for wrongful convictions. Looks like in MO it's up to 65k per year of imprisonment, so it'll max out to $1.82M.

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code_archeologist t1_j8nx7wk wrote

Statutory damage caps like that are questionable in their Constitutionality. Specifically in regards to the 1st amendment clause to a right to petition the government for a redress of grievances and the equal protection clause of the 14th amendment.

By saying that the value to a person's suffering at the hands of the state is capped at $65k a year, it is effectively absolving the state of responsibility for the long term physical or emotional damage caused to that person by their incarceration, the cost of their legal representation, and the cost of them reestablishing themselves in a society that has moved on without them. A responsibility that the state is solely and wholly at fault for.

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Calavant t1_j8pie9i wrote

Unfortunately the Constitution only has as much power as we give it... and most of the time we only use it when it is convenient to the powers that be. If we don't defend our rights they don't exist.

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Bringbackdexter t1_j8wxi4b wrote

Yep, let enough go and eventually defending your rights will be considered a crime against the state.

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