Freed prisoner wants compensation: 18 years for a crime he didn't do

St. Louis Post-Dispatch ^ | 8.1.02 | Tim Bryant

[rface]

On his first full day of freedom in 18 years, Larry Johnson said he wanted money from the state for imprisoning him for a rape that new DNA evidence shows he did not commit.

Johnson, 48, said he could not depend indefinitely on the help of relatives, who welcomed him upon his release from prison Tuesday after a judge ruled he had been wrongfully imprisoned.

[weikel]

Oh wait never mind he did it before thats diffrent.

[rogercolleridge]

He should get a lot of money and everything the woman who claimed rape owns.

And what does the woman that he DID rape get???

[weikel]

See #61.

[rogercolleridge]

Couldn't tell if you were serious or not.

[weikel]

Didn't read about the previous conviction I just really really hate women who cry rape sexual harassment etc.

[sourcery]

I'm torn about this. Yes, what happened to him was an awful injustice, but I can't see compensating him unless there was real wrongdoing on the part of someone in the system - the police, the prosecutor, the judge, or maybe the jury. If everyone did their job the way they were supposed to, and nobody made any egregiously stupid mistakes or intentionally framed him, I have to file this one under the heading of "tough luck". I know that sounds sh*tty, but where do you draw the line? Sometimes bad things happen and it's nobody's fault - that's life.

If you injure or damage someone else, or their property, you are morally and legally liable to fully and completely compensate them for that damage. Whether you may have acted intentionally, maliciously, recklessly, egregiously, unreasonably, incompentently, without due diligence, imprudently or negligently makes no difference. Negligence/recklessness entitles the victim to punitive damages, and willfulness/maliciousness makes you subject to criminal sanction. But you are obligated to compensate those whom you damage, no matter your excuses.

[general_re]

Give me a number...

[sourcery]

Give me a number...

How about a formula?

Lost income (based on reasonable assumptions regarding the person's economic prospects) + compensation for pain, suffering and psychoemotional trauma caused by imprisonment (based on precedents in similar cases) + compensation for loss of liberty and enjoyment of life (based on precedents in other cases, and including loss of opportunity to start a family) + compensation for damaging the person's reputation (based on precedents in other cases) - living expenses while imprisoned (based on what they would reasonably have been, had the person had to live on his own "on the outside").

Plugging real numbers into this formula would require information I don't have and can't easily get.

[rogercolleridge]

Didn't read about the previous conviction I just really really hate women who cry rape sexual harassment etc.

I hear ya. :)

[general_re]

Whatever.

[general_re]

Who exactly damaged him here? Who is liable for compensating him?

[RGSpincich]

Considering Johnson's past prison stay and lack of work history and sorry reputation. What do you get when you multiply eighteen times zero. Full compensation.

[general_re]

"Well, Mr. Johnson, we find that the state is liable for your wrongful incarceration. We also find that you're a worthless POS, and set damages at $0."

Something like that? ;)

[RGSpincich]

Pretty much.

[Chemist_Geek]

Who exactly damaged him here?

Formally, the People of the State of Missouri.

[general_re]

What action (or inaction) of theirs caused him harm?

[is_is]

I like that!! Seriously though....we are all responsible for where we find ourselves each day....at least in part....I don't know what made the cops look at this guy in the first place but you can bet his prior conviction made them look even closer. Even if he was "rehabilitated" and a fine citizen...that prior act will follow him all his days....it is something he have hangig around his neck forever. Whose fault is that?....HIS....he paid his debt to society yes.....but actual life is different....momma always told me to consider the consequense of my actions because they might follow me forever......

[sourcery]

Who exactly damaged him here? Who is liable for compensating him?

The government that imprisoned him. The court that convicted and sentenced him. The victim who falsely accused him.

[sourcery]

Considering Johnson's past prison stay and lack of work history and sorry reputation. What do you get when you multiply eighteen times zero. Full compensation.

At most, the points you raise might mean that the net of adding up his lost income and then subtracting his living expenses would be negligible. However, some of the other matters in my formula would still be worth a significant sum. The loss of liberty and psycho-emotional trauma are probably no small sum. How much would you want to be paid before you would voluntarily agree to experience the same thing? That's what it's worth.