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17 Tex. Wesleyan L. Rev. 593 (2010-2011)
Exoneration and the Road to Compensation: The Tim Cole Act and Comprehensive Compensation for Persons Wrongfully Imprisoned

handle is hein.journals/twlr17 and id is 601 raw text is: EXONERATION AND THE ROAD TO COMPENSATION: THE TIM COLE ACT AND COMPREHENSIVE COMPENSATION FOR PERSONS WRONGFULLY IMPRISONED By John Shaw ABSTRACT In recent years, the number of exonerations of persons wrongfully impris- oned has increased nationwide. With the number of exonerations continually on the rise, 27 states and the District of Columbia, have addressed the needs of exonerees with legislation that provides for the compensation of these individ- uals. A majority of these states offer basic monetary compensation. Basic monetary compensation, however, is not enough. The criminal justice system has failed these individuals in one way or another, and after years in prison, many are in need of more than money upon release. Texas has been leading the country in exonerating wrongfully convicted in- dividuals. In response to this recent development, the legislature took action by overhauling the current statutory compensation scheme. By increasing monetary amounts, and providing a wide range of services, Texas leads the nation in offering service to those individuals who have had their lives stripped from them for their respective wrongful imprisonment. This Comment proposes that the Tim Cole Act, should serve as a model for other states to amend or create comprehensive compensation schemes. Part I of this comment introduces the story of Tim Cole, using that story as a back- ground to examine wrongful convictions. Part II analyzes the main causes of wrongful convictions and common suggestions for preventing these causes in the future. Part III provides information on the three main avenues of recov- ery for exonerees and explains why legislation provides the best option. Part IV details the history of Texas's compensation legislation, providing the con- text in which the current legislation was enacted. Part V analyzes the current Tim Cole Act, outlining the recent changes and their importance in providing a comprehensive compensation scheme. Part VI offers comments for the use of the Tim Cole act as a model and suggestions for further reform, particularly in the area of attorney's fees. I. INTRODUCTION.......................................... 594 II. THE PROBLEM OF WRONGFUL CONVICTIONS ........... 596 A. The Primary Cause of Wrongful Convictions: Eyewitness Misidentification..................... 596 B. The Remaining Causes of Wrongful Convictions .... 598 C. System Failure in the Case of Tim Cole ............. 600 III. REMEDIES AVAILABLE FOR THE WRONGFULLY IMPRISONED.................................. ........... 601 A. Civil Rights Lawsuits: The § 1983 Claim ........... 601 B. Special Legislation and Private Bills .............. 603 C. Statutory Compensation in General ............... 603 593

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