If found not-guilty, the accused must be restored to where they were before the accusation by the accuser.
Because the process has become the punishment now, proving your innocence can leave you ruined.
I'd think a good many accusations and charges would never be filed if they had to make the accused whole again after the proceedings were complete.
Hey Angus;
ReplyDeleteThe term is "Making you whole". I used that term when I wrote grievances when I was a shop steward with Ford Motor Company. It was like it never happened.
I kinda used the term in my last sentence.
DeleteInsurance adjusters pucker up when you use that term when you talk about the damage their client did to your property.
"Your client is required, by law, to make me whole."
I am surprised by how many people don't understand that concept - that the process is the punishment and the government has no obligation to make you whole. I have a friend who is defending his son against unjust accusations of attempted murder. He estimates it will cost $120,000 him by the time the charges are dropped. it also explains why most people take pleas deals - many people cannot afford what it costs to defend themselves.
ReplyDeleteIf you look under the "legal drama" tag you'll see my saga.
DeleteIt was a lot cheaper than $120k to get the charges dropped, but if I hadn't had generous friends and readers I wouldn't have been able to afford bail and proper legal representation. Without it I would likely have remained in jail until arraigned and the charge would have proceeded to trial instead of being dropped. I would have been out nearly a year of my life at the pace the public defender operates.