Florida is one of 27 states with no law compensating the wrongfully convicted upon their exoneration. Last month, lawmakers approved a bill compensated Alan Crotzer $1.25 million for the 24 years he spent in prison for a rape he didn’t commit, but the bill was for him only, making him the second Floridian to receive state compensation after exoneration. Another Florida exoneree, Wilton Dedge, received a similar state compensation package.
The state desperately needs a universal compensation law, and lawmakers are considering one right now. But there are serious problems with the Florida bill in its current state, and an editorial in today’s Daytona Beach News-Journal details some of these problems:
Both House and Senate versions deny compensation to anyone with another felony conviction — even if the other conviction is relatively minor. This so-called "clean hands" provision is a cruel excuse to perpetrate injustice.
The fact that someone has a prior conviction does not make a wrongful conviction any less wrong. In fact, the existence of a prior conviction increases the possibility of injustice: Police sometimes focus an investigation on someone who's already been in trouble with the law, to the exclusion of other more likely suspects.
Crotzer's case provides a perfect example of how unfair this provision can be. Before he was wrongfully convicted of robbery and rape, he stole beer from a store. While in prison, he was convicted of a drug offense. Both crimes were relatively minor and would draw relatively short prison terms — if any. Yet under this proposal, he would be barred from compensation for his 24 years behind bars.
Read the full editorial here
. (Daytona Beach News-Journal, 04/29/08)