We’ve all heard about cases in which an individual was convicted. sentenced and imprisoned for committing a crime, only to discover later that the defendant did not in fact commit the crime. These cases of wrongful conviction occur more often than most people realize. Estimates of the number of wrongfully convicted defendants vary significantly, from a small percentage to more than 15%. That conclusion, if accurate, means that the number could be as high as hundreds of thousands of individuals nationwide. Worse still, since 1973, at least two hundred of those wrongful convictions resulted in death sentences,
The reasons for wrongful convictions vary. According to the National Registry of Exonerations, they include, among others, factors such as:
- Misconduct by government officials.
- Eyewitness misidentification.
- “Junk” science.
- Forensic errors.
- Witness tampering.
Under a new law just signed by Governor Katie Hobbs, SB1500 will provide compensation for those wrongfully convicted in Arizona. The measure is important in a number of ways. First, of course, it provides compensation for those wrongfully convicted, and whose lives are likely in turmoil. That compensation would include twice the median income for each year the individual was incarcerated, plus any demonstrable damages. Other benefits will be the availability of mental health counseling, plus 120 credit hours at any college, trade, or vocational school. Additional payments will be made to anyone whose conviction led to imprisonment on death row or whose name was listed in the sex offender registry.
This is not to say that the money and other benefits afforded to wrongfully convicted Arizonans will adequately compensate them for spending time in jail or even on death row. It is, however, at least a step in the right direction.
One final note. The issue of race is a significant one in this area. The Equal Justice Initiative estimates that African Americans make up almost half the total of exonerations nationwide, even though they represent only 13% of the population.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028