Litigating Unjust Conviction Cases in New York Part II

It seems like every day we learn about another case where a prisoner is exonerated after years of incarceration.  Indeed, people being convicted of crimes for which they are in fact innocent has become one of the headline stories of America's criminal justice system. What recourse do these former-inmates have after being released from prison in order to obtain redress for their wrongful confinement?     

The answer: the New York State Court of Claims Act § 8-b – also known as The Unjust Conviction and Imprisonment Act of 1984. This Act allows wrongfully convicted defendants who have served all or part of their sentence to seek compensation from the State if certain requirements have been met. 

In this Part II, Ameer Benno, a New York City-based civil rights attorney, delves into the case law that has developed around unjust conviction claims, providing the viewer with a deeper understanding of these actions and sharing ways by which to assess the strengths and weaknesses of potential unjust conviction claims.

Learning Objectives:

I.     Understand the narrow “eligible grounds” for bringing a unjust conviction lawsuit and the barriers that can preclude people who were wrongfully convicted and imprisoned from recovering damages

II.    Learn more about the elements of an unjust conviction claim, and how the courts have interpreted those elements

III.   Be able to distinguish a viable unjust conviction claim from one that is destined to fail