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by AmericanChopper 1891 days ago
I think defendants should be compensated for fees and other damages for any level of failed prosecution, especially if they end up wrongfully incarcerated. If abusing the justice system has to come out of the budget, I think most of the incentives to do so will start to disappear.
2 comments

No amount of money can replace the decades they took away from him.
It's not about revenge, tit for tat or subjective fairness. It's about stopping the behavior by creating the right disincentive. If that happens to be jail for an equivalent number of years, then great.
What does 21 years of missed opportunity cost?
You would hope, a lot. There’s plenty of types of damage that can’t be repaired by money, but it’s generally how the courts choose to settle damages between parties. If one party illegally were to cause a comparable level of damage to another party, the damaged party would likely be entitled to a rather large amount of compensation for those damages. The fact that the government sees itself as above that level of accountability seems to be a significant part of the problem to me.