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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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I get out of jail | 222 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
I get out of jail
Authored by: kg on Thursday, December 20 2012 @ 01:06 AM EST
However, I don't think there are any reparations for you
having been imprisoned, even if the law has been declared
unconstitutional. You get out, your name is cleared (in some
cases), and that's that.

Most states still don't reimburse those who were falsely
convicted, and since they didn't belong in prison, the
services and training available to those who have finished
their sentence are generally not available. Because after all,
those are only to rehabilitate the guilty...

---
IANAL
Linguist and Open Source Developer

[ Reply to This | Parent | # ]

I get out of jail
Authored by: Anonymous on Thursday, December 20 2012 @ 10:37 AM EST
Technically, it's a very difficult concept. Use an easy
example that you're familiar with from Law & Order and
countless TV shows- the Miranda warning. It was established
in Miranda v. Arizona. The Court found that the admission of
Miranda was inadmissible, so he was set free, right?

No. On remand, the prosecution retried him and convicted him
with other evidence. Okay, but every other prisoner in jail
that didn't get a Miranda warning was set free for their
unconstitutional imprisonment, right?

No.

But they at least got a new trial with the unconstitutional
confession tossed, right?

No. The rule was prospective only.

The question of whether (especially in criminal law context)
Supreme Court rulings are prospective are retroactive is
incredibly fraught and difficult.

[ Reply to This | Parent | # ]

  • I get out of jail - Authored by: Anonymous on Thursday, December 20 2012 @ 01:09 PM EST
    • I get out of jail - Authored by: Anonymous on Thursday, December 20 2012 @ 03:10 PM EST
      • I get out of jail - Authored by: Anonymous on Saturday, December 22 2012 @ 10:35 AM EST
I get out of jail, but remain liable
Authored by: Anonymous on Thursday, December 20 2012 @ 05:01 PM EST
No matter what the result in a criminal case, and any case where you go to jail
must be criminal, it doesn't necessarily apply to a civil case.

[ Reply to This | Parent | # ]

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