Category Archives: Compensation/Exoneree compensation

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Prosecution service pay damages to wrongfully convicted man after disclosure failure.

conrad-jonesA man who spent six years in prison has successfully sued the England and Wales Crown Prosecution Service after their failure to disclose police surveillance tapes that proved his innocence. Wrongly convicted of perverting the course of justice in 2007 (after 2 failed trials), Conrad Jones was freed in 2014 when he won an appeal. He was on trial for bribing a witness in a murder trial, but police surveillance tapes proved he could not have been present. While the Judge at his appeal called the failure to disclose the exculpatory evidence ‘lamentable’, Jones’s solicitor said: “It is clear that the CPS and prosecution counsel had in their possession, both while my client remained on remand in prison awaiting trial and at the time of my client’s trial, surveillance material which showed he could not realistically have met with and bribed [the witness] not to give evidence. They knew it was relevant, they knew it undermined the prosecution case and strengthened Mr Jones’s defence and they knew that the law required them to disclose it. To discover years after the event that the CPS, on the advice of highly experienced lawyers, has knowingly and repeatedly failed to comply with the criminal law on disclosure is shocking, and raises very serious questions which go right to the heart of public confidence in the criminal justice system and the legal profession.”

It is interesting however to note that Jones had to sue the CPS for their failure through the civil courts for ‘damages’, rather than attempt to win ‘compensation’ through the Government scheme that compensates miscarriage of justice victims. This scheme has proven almost impossible to win any compensation through – and the settlement reached – of over £100,000 – is far more than he would have been eligible for through the compensation scheme. While the CPS have remained silent and said the terms of the settlement are ‘confidential’, they have not admitted liability despite paying the damages. Could this perhaps be an interesting route for victims of miscarriages of justice who can pinpoint failures on the part of the CPS that saw them wrongly convicted? Could victims try suing the police? With the compensation scheme set up to prevent almost all claims succeeding, perhaps we should pursue this alternative route?

Read more here:

CPS to pay six-figure sum to man over wrongful conviction

CPS pays ‘significant sum’ over ‘lamentable’ failures to disclose critical evidence

 

 

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Wrongfully convicted man receives $10.1 million compensation

Francisco Carrillo Jr. was exonerated after serving 20 years in prison for a homicide he did not commit. The case involved eyewitness testimony that resulted from unethical police influence on the witness. A re-enactment of the scene showed that it was highly unlikely that the eyewitnesses could have seen the shooting.  Mr. Carrillo was awarded $10.1 million for the 20 years he served in prison. This compensation is the highest amount awarded in the State of California on a per year basis – – about $500,000 per year served in prison for a crime he did not commit.  Link to LA Times article: http://www.latimes.com/local/lanow/la-me-ln-francisco-carrillo-settlement-20160719-snap-story.html

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Jon Eldan can be an exoneree’s best friend

First comes exoneration. Then, if you re lucky, comes Jon Eldan, an attorney who left his corporate practice to help exonerees with the everyday problems they face after prison. Eldan says he has helped 303 men and women in 33 states since late 2014, entering their lives after those who helped get them released have moved on to other cases.The Marshall Project’s Rachel Siegel tells Eldan’s story here.

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