RIGHT OF COMPENSATION FOR DETENTION PRIOR TO ACQUITTAL

• NCJ Number: 17029
• Author(s): K S ROSENN
• Date Published: 1974
• Length: 21 pages
• Corporate Author: American Assoc for the Comparative Study of Law
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINT FROM LAW IN THE UNITED STATES OF AMERICA IN SOCIAL AND TECHNOLOGICAL REVOLUTION.

Annotation

THIS PAPER URGES THE ADOPTION OF A RIGHT OT COMPENSATION FOR PRETRIAL DETENTION OF THE INNOCENT ACCUSED AND EXPLORES SOME OF THE RAMIFICATIONS OF ADOPTION OF SUCH A PROPOSAL IN THE UNITED STATES.

Abstract

DISCUSSED ARE THE DISTINCT TYPES OF DAMAGE SUFFERED BY THE INNOCENT ACCUSED (TIME LOST FROM GAINFUL EMPLOYMENT, THE SUFFERING AND HUMILIATION OF THE CONFINEMENT, DAMAGE TO REPUTATION, ETC.). ALSO EXAMINED ARE THE THREE THEORIES WHICH HAVE BEEN SUGGESTED TO PREDICATE STATE LIABILITY IN THE UNITED STATES FOR THESE DAMAGES: FAULTBASED TORTS OF ITS AGENTS, EMINENT DOMAIN, AND STRICT ENTERPRISE LIABILITY (FAVORED BY THE AUTHOR). OTHER TOPICS DISCUSSED INCLUDE PROBLEMS CONNECTED WITH LIMITING THE CLASS OF DEFENDANTS ENTITLED TO RECOVER, THE PROCEDURE FOR AWARDING COMPENSATION, AND THE COSTS OF INSTITUTING A CAUSE OF ACTION FOR ERRONEOUS PRETRIAL DETENTION.