Statutory Compensation for the Wrongly Imprisoned

Abstract

This article provides an overview of the unique challenges faced by men and women who have been wrongly convicted, imprisoned, and subsequently exonerated, and discusses the relevance of social work to exoneration. The ways in which exonerees can seek compensation are described, and state compensation statutes are examined, delineating monetary and reentry support provisions. Currently, 30 states and the District of Columbia have compensation statutes. Monetary and reentry support provisions vary greatly by state, with few providing both. The wrongly imprisoned experience the same effects of incarceration as other prisoners; their psychological trauma, however, is exacerbated by the fact that they are innocent. Furthermore, upon release, exonerees have fewer reentry supports available to them compared with prisoners released on parole. This article supports the position that the state has a responsibility to provide adequate compensation, monetarily and servicewise, to the wrongly imprisoned, and that compensation by statutory means should be standard in every state. This article also highlights how social workers are uniquely qualified to provide immediate and long-term social and mental health services to exonerees, as well as to advocate for comprehensive exoneree compensation through state statutes.