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Month: September 2017

How The Law Remedies Wrongful Prosecution

How The Law Remedies Wrongful Prosecution

There are several instances when people are convicted for crimes that they never committed. In this instance, the convicted person either gets penalized wrongfully, or loses productivity and credibility in the eyes of the society. The law still has a remedy for such a happening.

Reasons Why a Conviction Loses Validity

There are several reasons that make a conviction lose validity. These reasons usually overturn the prevailing court verdict, and the convicted person gets back his freedom. Such a person should always seek a legal redress on the wrongful application of justice.

Change of Evidence

Sometimes a plaintiff can decide to say the truth after a court has already announced its verdict on the defendant. Such an occurrence annuls the prevailing verdict, and the victim goes free. Guilt or a follow up from the attorney on the side of the defendant can compel a plaintiff to eventually say the truth.

Material Evidence

There is always a high probability of new evidence coming up after a court announces its verdict and the defendant starts to serve a sentence. Such evidence alters the prevailing verdict, and the victim sometimes gets freed from incarceration. Subsequently, the victim has a right to seek for compensation for wrongful conviction.

Consequences that Arise from Wrongful Conviction

When one is convicted in a court, it becomes impossible to retain the same level of reputation that one had prior to the sentence. Sometimes it also gets impossible to get a job, or operate one’s business as usual. Importantly, there is a self altering feeling that overcomes a person such as mental anguish and embarrassment, which affects the normal way of life. Productively, one also loses since a lot of time and resources get spent in the court.

Damages for Libel or Slander

When a person seeks justice for loss of reputation or credibility, the victim can sue for defamation. One can opt to sue for libel or slander depending on the nature of the case. Under such circumstances, one can get damages for the loss of productivity, reputation, and inability to seek new employment opportunities.

Damages for Malicious Prosecution

One can also sue in regard to a tort of malicious prosecution. Under this case, a plaintiff compensates the victim in form of financial payment. The case becomes a civil case where the plaintiff becomes civilly liable for suing the victim maliciously.

Conclusion

Many things have to take place in order to convince the Law courts that a conviction was not fair. The regulation gives people another chance to claim innocence, but they must produce material evidence that proves the conviction wrong. Additionally, one has to know the right party to sue since it is possible to fail in a case that draws in an inappropriate party.