CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, October 6, 2011

Dekel on Damages for the Acquitted

Omer Dekel (Academic Center of Law and Business) has posted Should the Acquitted Recover Damages? The Right of an Acquitted Defendant to Receive Compensation for the Injury He Has Suffered (Criminal Law Bulletin, Vol. 47, p. 474, 2011) on SSRN. Here is the abstract:

The article addresses the question of who should bear the costs of a criminal proceeding resulting in an acquittal. A criminal proceeding involves a large number of costs - both financial and emotional, generally born by the defendant, regardless of the trial’s outcome. This article argues that barring a small number of exceptions, the prosecution should bear the various costs of an acquitted defendant’s trial process.

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Interesting webpage, I am just a bit confused of exactly how it works. Do you write any original articles or do you just take snippets from the rest of the web? As for the article you talk about, if the client is indignant, doesn't the public defenders office pay (in theory at least)? From the prospective of a criminal defense attorney, I can't imagine how my practice would change if prosecutors had to pay for an acquitted defendant's trial. Maybe I'd take on a ton more clients who had good cases but are unable to pay (almost like a contingency, although technically not).

Posted by: Detroit Lawyer | Oct 8, 2011 11:57:28 AM

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