If a person is innocent and is wrongly convicted by a fair trial, there are no provisions for appeal based upon innocence in the Constitution. Furthermore, there are no provisions to compensate the wrongfully convicted for their incarceration. The only remedies for the wrongfully convicted are those provided by state constitutions and legislation. Twenty states have no such laws. The laws of the remaining 31 states vary greatly. In some states the wrongly convicted must bring a lawsuit against the state and prove official misconduct. Other states, such as Florida, will not provide any compensation if the wrongfully convicted have ever been convicted of a felony. Other states provide only a relatively small one-time flat payment for wrongful incarceration regardless of the length of incarceration. Nearly all states provide no support such as social services, health care, job training, housing, etc., upon release. The number of wrongfully convicted persons is unknown. However, according to the Innocence Project 341 defendants have been exonerated with DNA evidence. Should federal law provide for fair and just compensation and services for all persons wrongfully convicted?
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