Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal
Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal
Chicago-Kent Law Review
After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. In this article, Professor Rosenthal argues that the case for providing such compensation is deeply problematic, whether advanced in terms of no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable as a means of creating an economic incentive to scale back such liability-producing conduct to optimal levels, this rationale has little application to the criminal justice system. Instead, a regime of strict liability would operate as …