Question 1

What is exoneration in Florida criminal law?

Accepted Answer

Exoneration: the reversal of a criminal conviction and the finding that the convicted person is innocent. FL: exoneration can occur through: DNA evidence (new DNA testing proves the convicted person did not commit the crime), new evidence (evidence discovered after trial proves innocence), prosecutorial misconduct (the prosecution withheld exculpatory evidence or engaged in misconduct that affected the verdict), and ineffective assistance of counsel (the defense attorney’s performance was so deficient that it undermined the reliability of the conviction). FL: has had numerous exonerations, particularly in cases involving: eyewitness misidentification, false confessions, and junk science.

Question 2

What compensation is available for exonerated persons in Florida?

Accepted Answer

FL compensation (Section 961.03-961.07): monetary compensation ($50,000 per year of incarceration; the payment is: tax-free), educational benefits (120 hours of tuition at a FL state university or college), job placement and vocational training, and health insurance (coverage through FL Medicaid for a period after release). To qualify: the person must prove: actual innocence (not just reversal on a technicality), no felony convictions prior to the wrongful conviction, and cooperation with law enforcement. The claim: is filed with the FL legislature (through a claims bill) or through the Florida Victims of Wrongful Incarceration Compensation Act.

Question 3

What is the process for seeking exoneration in Florida?

Accepted Answer

FL process: post-conviction motion (the defendant files a motion for post-conviction relief under FL Rule 3.850 or 3.851: presenting new evidence of innocence), DNA testing (Section 925.11: the defendant can petition for: DNA testing of evidence that was not available at trial or that could conclusively establish innocence), appeal (the defendant appeals the denial of post-conviction relief to the district court of appeal), innocence organizations (organizations like the Innocence Project of Florida provide: legal representation and investigation for wrongful conviction claims), and executive clemency (the defendant can petition the FL Clemency Board for: a pardon or commutation of sentence). The process: can take years and requires: substantial evidence of innocence.

Exoneration Criminal Innocence Reversal

FL Criminal Exoneration

What It Is

Compensation

Process

Related Terms

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