Should the cost of a criminal defense be reimbursed if you are found innocent?

[SlipperySlope]

This is sort of friend-of-a-friend, and I don't know all the inner financial details, but someone I know just finished successfully defending themselves against criminal charges. He was found not guilty unanimously by the jury.

The bills are still coming in but it cost over $75,000 for his criminal defense - defending himself against a charge that I think never should have been made against him. It seems wrong to me that someone could be found innocent and still have their life financially ruined (and he ended up losing his job in the process).

Why don't we provide reimbursement for people who have to defend themselves against crimes they didn't commit? Some people qualify for a public defender (which may or not be adequate), but if you DO have financial resourced you can see them completely demolished in the process of defending yourself.

[cthulu2016]

1. Devil's advocate...

A jury would know they would cost the state money if/when they acquitted.

That said, the trial itself is often the punishment, which really sucks, and any way to fix that is worth a look.

Of course, a rich defendant puts the state on the hook for more money... is that right?

But a system like public financing of campaigns wouldn't work either. We couldn't really have a cap on what someone wanted to spend on their defense.

So maybe do it like Medicare -- have state financing of the defense up to a point, and a defendant is free to exceed what that buys if he wants to and can.

But this would mean a level of "public defense" well above what is currently provided by public defenders. PDs are more like a cash-strapped charity clinic than like medicare. (And defendents often have to pay for their PDs, also)

[MADem]

2. In some countries, they make the loser pay. Not in USA, though.

He'd have to ask his lawyer if there's any way to sue for court costs.

[wickerwoman]

14. In New Zealand the judge can award costs to parties

if the reason for the suit is frivilous or vexatious. It's not automatic though... it's at the judge's discretion and based partly on the ability to pay. I think this is a reasonable way to handle it.

[DrewFlorida]

3. With all due respect to your friend.

With all due respect to your friend, he wasn't found innocent, he was found not guilty. There is a world of difference between those two statements. I don't doubt that if you say he was innocent, that he is, and in a perfect world maybe he should be recompensed for having to defend himself against bogus claims. But the fact still remains that he was only found, unanimously not guilty, and that is the only job of a jury, to decide guilt or not.

Best wishes to your friend

[RB TexLa]

4. No one is found innocent, they are found not guilty.

Last edited Mon Jul 9, 2012, 11:24 PM - Edit history (1)

So it's a moot point.

[cbrer]

5. Or a moot point

If you meant academic, rather than unspoken.

[RB TexLa]

12. right

[Joe Shlabotnik]

6. Yes.

I've advocated that for a long time. As the old saying goes, "its not a justice system, its a legal system". Sadly Public defenders are often rookies and are overwhelmed by demand, they don't have the experience, resources or time that a highly paid defense lawyer would commit. And they are going up against skilled prosecutors that are colluding with police. Its a shitty un-equal system that keeps people poor, and also encourages the continued abuse of authority by the authorities.

[DrewFlorida]

7. Good points, agreed!

I agree with the points you make.

[panader0]

8. If they "defended themselves", who do they owe?

[SlipperySlope]

10. Poor choice of language on my behalf.

He defended himself with an attorney.

[panader0]

11. I have represented myself in court before

It's not easy. The judge can be a cruel task master.
It was an adoption case. I tried to adopt my stepson and spent many hours researching the laws.
Still got burned, many years ago. Now he calls me dad.

[Logical]

9. Only if found guilty you pay the states cost. Seems fair. n-t

[MiniMe]

13. Nothing to do with your friend, but should OJ have been reimbursed?

Sometimes, people have good lawyers, or effective lawyers. That doesn't necessarily mean they didn't commit the crime.

[Poll_Blind]

15. I read this OP earlier in the evening and I flashed on OJ as well.

And then I realized the topic was just a huge can of worms and let it be!

PB

[alittlelark]

16. Yes, if a separate jury such as a civil court says so

It should be an option open to all.