Submitted by CommanderMcBragg t3_112zoac in news
code_archeologist t1_j8nx7wk wrote
Reply to comment by Tsquared10 in Lamar Johnson freed 28 years after wrongful murder conviction by CommanderMcBragg
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.
docmedic t1_j8oevjm wrote
Doubtful the current Supreme Court will rule that way.
[deleted] t1_j8twzue wrote
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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.
Bringbackdexter t1_j8wxi4b wrote
Yep, let enough go and eventually defending your rights will be considered a crime against the state.
[deleted] t1_j8ot61o wrote
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[deleted] t1_j8q6xyk wrote
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