Posted: November 19, 2012 4:35 PM
Unlike many U.S. states, which have no compensation law for exonerees, compensation for anyone wrongfully detained by the government is written into the Japanese constitution.
Lorraine Allen is asking the European Court of Human Rights to rule on whether someone who is convicted of a crime but later has that conviction overturned is then considered “innocent” for the purposes of qualifying for compensation. Allen, who was wrongfully convicted of shaking her infant son to death, has been denied compensation by the UK government.
Japanese Justice Minister Makoto Taki apologized for the wrongful incarceration Govinda Prasad Mainali, a Nepalese man who was exonerated this week after serving 15 years for a murder conviction overturned by DNA evidence.
An Indian high court has ruled that dying declarations cannot be used as the sole evidence to convict criminal defendants, due to the inherent risk of wrongful convictions occurring.
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