What is the Cost of Wrongful Arrests & Convictions?

black Image of scales on white background with the words, "calibrate the scales" overlaid. As with any set of scales, the scales of justice must, from time to time, be recalibrated. Total balance is never achieved, but all in the criminal justice and legal systems must strive for it as much as possible.

Wrongful arrests take place every day. Wrongful convictions cost. Civil law in the United States and many countries allow for those wrongfully arrested/convicted to seek monetary damages. What is the cost of wrongful arrests and convictions?





by C J Oakes

 

What is the Difference Between a Wrongful Arrest and Wrongful Conviction?

Put simply, a wrongful arrest occurs when police place a suspect under arrest for an alleged crime. In most cases, people wrongfully arrested simply let the matter go without seeking recompense. They simply accept the matter as the police making a mistake. At times, police make an arrest and either the police supervisor or District Attorney decline to pursue the charges.

In some cases, the person is actually guilty, but because of a lack of evidence is released. In other cases, such as that which recently took place in Baton Rouge, Louisiana, wrongful arrests of Black Lives Matters protesters was conducted such that civil rights violations occurred. The result was that the Metro Coucil of Baton Rouge settled the case out of court for $100,000. By most standards, the city got off cheap, especially since the civil suit listed 92 defendants.

However, many wrongful arrests continue through the system. If the defendant happens to be poor, the case is fairly doomed to conviction…wrongfully so. The defendant later seeks appeal and if lucky, an organization such as the Innocence Project takes up the case. If not so lucky, the defendant spends much of his/her life in prison for a crime not committed.

The cost to society of wrongful convictions cannot be understated. Just what are these?

What Are the Total Costs to Society of Wrongful Convictions?

The news media has featured numerous headlines showing enormous payments to people who were wrongfully convicted. Consider just a few…

According to one study, about 10,000 persons per year are wrongfully convicted in the United States. Because of the costs to litigate wrongful convictions, many states offer automatic recompense in order to stave off lawsuits. Still, the costs are large.

For instance, in the case of the four women in Texas, the state will likely pay each $80,000 per year incarcerated. Illinois provides an automatic payment of $199,150 if more than 14 years are served for a wrongful conviction. Louisiana falls on the low end of the scale, virtually begging those wrongfully convicted to sue. It provides, “$15,000 per year of wrongful incarceration, with a maximum of $150,000″ according to CNN.

Of course, the innocent do not have to accept these terms, but can sue in civil court in most cases.

Look at just the four mentioned cases again. What are the TRUE costs?

Aside from the social and family costs of having a loved one imprisoned wrongfully, there are concrete costs associated with the mistake. Some of these include:

  • Prosecution costs
  • Defense costs
  • Court costs
  • Incarceration costs
  • Transportation costs
  • Social welfare costs (TANF, Medicaid, etc.)
  • Lost Wages (and resulting tax revenue)
  • Medical costs




Taking these other costs into account, what is the total cost of just these four cases to America?

 

Calculating the Cost of the seven persons wrongfully convicted above.

In order to calculate the total costs of wrongful incarceration, one must take into account ALL costs. Those listed are only the most easily calculated direct expenses. Also, some assumptions must be made. For instance, it must be assumed that of the seven persons are listed above, two children were on government assitance. Lost wages not only impact GDP, but also the lost tax revenue. Also, each state allows for a different amount to be paid automatically; this amounts to about $50,000 per year per person.

All totaled, the seven mentioned exoneree’s spent 144 years in prison. So, the costs are:

  • Automatic Damages Claims – 144 years x $50,000 = $7,200,000
  • Legal Costs – 7 cases x $470,000 = $3,290,000
  • Prison Costs – 144 years x $31,000/year = $4,464,000
  • SNAP (food stamps) – 2 children x $125/mo x 20%(144 years x 12) = $86,400
  • Medicaid – 2 children x 9230/yr x 20%(144 years) =  $531,648
  • TANF – 2 families x $400/mo x 20%(144 years x 12) = $276,480
  • Cost to GDP = 7 x $51,000 x 144 years = $51,408,000
  • Lost Taxes – $51,408,000 (GDP lost) x 15% = $7,711,200

Now, without adding the GDP figure, which while important does not affect the direct costs, the total cost to the United States of America in JUST THESE FOUR CASES OF WRONGFUL CONVICTION IS AT MINIMUM…

$23,559,728

How Many Cases Have Been Proven to be Wrongful Convictions to date?

The Innocence Project alone is responsible for 347 wrongful convictions overturned in the United States. There are others. In addition, research suggests wrongful convictions to number 10,000 per year. Consider the math now.

Taking just the figures already determined, average $23,559,728 by seven wrongful convictions listed above. This gives us an average cost of $3,365,675. Now, this is by no means exact nor scientific in scale, but gives us a reasonable idea of the total costs.

So now we multiply $3,365,675 x 347 wrongful convictions overturned and we arrive at

$1,167,889,373

for JUST THOSE WRONGFUL CONVICTIONS WE KNOW ABOUT from just one organization. Clearly, this is lowballing. The true figure is much higher. If the studies are correct and nearly 10,000 persons are wrongfully convicted each year, this figure is a fraction of the total cost.

Without a doubt, something needs to be done to improve the criminal justice and legal system so that wrongful convictions are reduced. The cost is enormous and only seems to grow each year. So the only question remaining is, “How much is too much?”



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