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Old 02-24-2011, 01:17 PM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,070,242 times
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goes to show that not everyone in custody is automatically guilty...
hope this never happens to anyone i know.

Immigration detention: Army veteran detained as suspected illegal immigrant gets $400,000 settlement - latimes.com
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Old 02-24-2011, 01:49 PM
 
Location: Maryland
15,179 posts, read 15,809,199 times
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Granted, the man was innocent, and deserved at least compensation for lost wages. However, he only spent several months in jail. How the hell does that justify $400,000? Countless others have spent years, and received absolutely nothing but an apology. Even states that award compensation generally don’t grant that amount after several years of wrongful imprisonment. Strange.
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Old 02-24-2011, 02:05 PM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,070,242 times
Reputation: 2244
Quote:
Originally Posted by Benicar View Post
Granted, the man was innocent, and deserved at least compensation for lost wages. However, he only spent several months in jail. How the hell does that justify $400,000? Countless others have spent years, and received absolutely nothing but an apology. Even states that award compensation generally don’t grant that amount after several years of wrongful imprisonment. Strange.
im not sure whats involved specifically in the judgement (punitive, lost wages, etc) but just imagine what 7 months of unlawful detention would do to you and your family.
think of the possibility of losing your house. your job. maybe even your family. think of having to be detained with other illegals.
what price does your freedom cost?

i think i would be pissed. and those 400k would get me on the way to being less pissed.
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Old 02-24-2011, 02:34 PM
 
Location: Maryland
15,179 posts, read 15,809,199 times
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Quote:
Originally Posted by the one View Post
im not sure whats involved specifically in the judgement (punitive, lost wages, etc) but just imagine what 7 months of unlawful detention would do to you and your family.
think of the possibility of losing your house. your job. maybe even your family. think of having to be detained with other illegals.
what price does your freedom cost?

i think i would be pissed. and those 400k would get me on the way to being less pissed.
Again, I agree he should be compensated. However, IMO, the award was excessive, especially when compared with amounts received by those in prison for 20+ years. But, hey, more power to him.
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Old 02-24-2011, 02:42 PM
 
Location: Spokane via Sydney,Australia
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It does make me wonder why his naturalisation certificate wasn't presented at the immigration hearing. It shouldn't have even gotten to a hearing.
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Old 02-24-2011, 03:06 PM
 
Location: San Diego
32,799 posts, read 30,034,103 times
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Quote:
Originally Posted by the one View Post
im not sure whats involved specifically in the judgement (punitive, lost wages, etc) but just imagine what 7 months of unlawful detention would do to you and your family.
think of the possibility of losing your house. your job. maybe even your family. think of having to be detained with other illegals.
what price does your freedom cost?

i think i would be pissed. and those 400k would get me on the way to being less pissed.
I'd be so pissed I'd want to join BP or ICE immediately. At least take a swipe at the people causing this mess in the first place, the illegals.
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Old 02-24-2011, 03:22 PM
 
Location: CITY OF ANGELS AND CONSTANT DANGER
5,409 posts, read 11,070,242 times
Reputation: 2244
no, it would probably make me want to become an immigration lawyer.

besides, wouldnt it be an inept system that caused this to happen.
seriously about it...
the illegals, didnt detain him, the illegals didnt flub the paper work. get real.

Quote:
Originally Posted by 1AngryTaxPayer View Post
I'd be so pissed I'd want to join BP or ICE immediately. At least take a swipe at the people causing this mess in the first place, the illegals.
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Old 02-25-2011, 10:58 AM
 
Location: San Diego
32,799 posts, read 30,034,103 times
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Quote:
Originally Posted by the one View Post
no, it would probably make me want to become an immigration lawyer.

besides, wouldnt it be an inept system that caused this to happen.
seriously about it...
the illegals, didnt detain him, the illegals didnt flub the paper work. get real.
Can't agree. The reason we have massive amounts of BP, ICE, walls and other expensive measures is the flood of illegals. We wouldn't need a "system" at all if they would obey our immigration laws.
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Old 02-26-2011, 04:58 AM
 
2,381 posts, read 4,409,314 times
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Quote:
Originally Posted by Benicar View Post
Again, I agree he should be compensated. However, IMO, the award was excessive, especially when compared with amounts received by those in prison for 20+ years. But, hey, more power to him.
Actually, as someone that worked with corrections and saw this first hand, the amount is right or lower than some I have seen.

Here is one case:

Quote:
Yesterday, Juan Johnson of Chicago was awarded $21.1 million for 11½ years spent in jail for a murder he didn’t commit, the largest award for a wrongful conviction lawsuit in Chicago history.
Wrongfully Convicted Man Awarded $21.1 Million | Innocence Project of Florida

Colorado Man Wrongly Convicted of Murder Awarded $10 Million | Denver Criminal Defense Attorney Blog

I still remember a man who served 16 years in prison out of his 20 year sentence and was released and given $13 million.

Also, keep in mind that this person was a Veteran, so not only was he a citizen, he served for our country. That could have something to do with it.
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Old 02-26-2011, 10:25 AM
 
Location: Maryland
15,179 posts, read 15,809,199 times
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Quote:
Originally Posted by zacatecana View Post
Actually, as someone that worked with corrections and saw this first hand, the amount is right or lower than some I have seen.

Here is one case:



Wrongfully Convicted Man Awarded $21.1 Million | Innocence Project of Florida

Colorado Man Wrongly Convicted of Murder Awarded $10 Million | Denver Criminal Defense Attorney Blog

I still remember a man who served 16 years in prison out of his 20 year sentence and was released and given $13 million.

Also, keep in mind that this person was a Veteran, so not only was he a citizen, he served for our country. That could have something to do with it.
They are rare cases. He was incarcerated in Washington, which does not compensate for wrongful imprisonment. Apparently the federal government intervened, and made a huge exception in his case.

Quote:
Under existing federal law, a wrongfully imprisoned individual can receive a maximum of $5,000, total, in compensation after exoneration, no matter how many years they spent unjustly incarcerated. (28 U.S.C. § 2513).
Quote:
Only 17 jurisdictions have laws providing monetary compensation to the wrongfully convicted. Of these, the amount of compensation varies widely, from a maximum of $5,000 under federal law, to an unlimited cap in New York and West Virginia. Here's a state-by-state chart of the existing laws and the number of DNA-exonerated men in each state, plus information on pending state and federal compensation legislation.
frontline: burden of innocence: faqs: compensating the exonerated | PBS
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