Allow Exonerated People To Access the Compensation they Deserve - Pardoned For Innocence


Allow Exonerated People To Access the Compensation they Deserve - Pardoned For Innocence
The Issue
In North Carolina for people who have been wrongfully convicted, there is some hope of being made whole again through the state’s compensation process. However, it is only accessible to those who have either been pardoned by the governor or had their conviction overturned through the Innocence Inquiry Commission (a three judge panel outside the traditional legal process). While on its surface this may seem like adequate (even generous) legal relief for the burden of being wrongfully imprisoned, those who were exonerated or whose convictions were overturned through the regular judicial process must apply for a governor's pardon FOR BEING INNOCENT TO ACCESS COMPENSATION.
Pardons were not designed to prevent people who have already had a conviction vacated or who have been exonerated through the judicial process from accessing the compensation they deserve. While there are those who may argue that this use of the pardon is intended to act as a safeguard against the misuse of the compensation system, there is a reason that all compensation claims are heard by the North Carolina Industrial Commission, an independent commission which administers the Compensation to Persons Erroneously Convicted of Felonies act. This six-person commission is enough to prevent misuse of the system and all the governor's pardon requirement does is make reparation a partisan issue.
People who find themselves at the mercy of this system may have been wrongly imprisoned for years and then exonerated through the judicial system, but cannot file a claim for compensation until a governor decides they may. Not only does this make every case inherently political, but there are certain benefits and compensation measures tied to a person's release date, instead of their pardon date. Meaning that by the time that pardon finally arrives (if it ever does) it may be too late for them to make use of the compensation.
We all know our legal system is not perfect and that innocent people sometimes are convicted, but once someone has been exonerated they deserve to be made whole again. Please join with us in ensuring a direct pathway to access compensation and benefits for those who have been exonerated by the North Carolina legal system

The Issue
In North Carolina for people who have been wrongfully convicted, there is some hope of being made whole again through the state’s compensation process. However, it is only accessible to those who have either been pardoned by the governor or had their conviction overturned through the Innocence Inquiry Commission (a three judge panel outside the traditional legal process). While on its surface this may seem like adequate (even generous) legal relief for the burden of being wrongfully imprisoned, those who were exonerated or whose convictions were overturned through the regular judicial process must apply for a governor's pardon FOR BEING INNOCENT TO ACCESS COMPENSATION.
Pardons were not designed to prevent people who have already had a conviction vacated or who have been exonerated through the judicial process from accessing the compensation they deserve. While there are those who may argue that this use of the pardon is intended to act as a safeguard against the misuse of the compensation system, there is a reason that all compensation claims are heard by the North Carolina Industrial Commission, an independent commission which administers the Compensation to Persons Erroneously Convicted of Felonies act. This six-person commission is enough to prevent misuse of the system and all the governor's pardon requirement does is make reparation a partisan issue.
People who find themselves at the mercy of this system may have been wrongly imprisoned for years and then exonerated through the judicial system, but cannot file a claim for compensation until a governor decides they may. Not only does this make every case inherently political, but there are certain benefits and compensation measures tied to a person's release date, instead of their pardon date. Meaning that by the time that pardon finally arrives (if it ever does) it may be too late for them to make use of the compensation.
We all know our legal system is not perfect and that innocent people sometimes are convicted, but once someone has been exonerated they deserve to be made whole again. Please join with us in ensuring a direct pathway to access compensation and benefits for those who have been exonerated by the North Carolina legal system

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Petition created on February 14, 2022