Thursday, October 6, 2011
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.