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Memo to Florida: Pay Crotzer | 2 comments (2 topical)

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"wrongful conviction" (none / 0) (#1)
by diogenes on Tue May 08, 2007 at 11:02:21 PM EST
Unless there was misconduct on the State of Florida's part, they should not pay one cent. Hard cases make bad law.  One of the many liberal rich folks (George Soros?) can easily give him a million  dollars if it is such a socially redeeming thing to do.

Why is that so? (none / 0) (#2)
by Deconstructionist on Wed May 09, 2007 at 08:20:19 AM EST
  If I as a private person operate a "dangerous instrumentality" I can held strictly liable for the damages I cause, even if i did not operate it in a negligent, let alone reckless or intentionally injurious manner.

  Now a criminal justice system is NOT perfectly analogous with the concept of a "dangerous instrumentality (in short,  a thing that is known to present an unusually high degree of risk of harm even when used in a reasonable manner for the intended purpose) but the point is we do have have the concept of strict liability i the law which requires compensating for damages even when one is free of "fault."

  Florida must have a very broad sovereign immunity law if this requires a legislative appropriation. Most states allow for civil actions against the State for classes of actions set forth as exceptions to SI, and these prisoner wrongul conviction and incarceration cases usually are settled (often by a state agency established to administer the state's self-insurance program) without need for legislative action approving the payment.

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Memo to Florida: Pay Crotzer | 2 comments (2 topical)

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