Families broken forever: Why surviving spouses of wrongfully convicted and imprisoned persons are entitled to compensation

Abstract Wrongful convictions and imprisonment are a natural consequence of our criminal justice system. New York is one of 35 states with wrongful conviction compensation statutes, offering some form of relief to individuals and their families. However, the incidence rate of suicide among these families calls for a solution when that wrongly convicted individual takes their life. This note advocates for an expanded form of relief under the New York State Court of Claims Act Section 8‐b, creating a cause of action for surviving spouses to receive compensation in the wake of their partner's death.

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Publication Details

Journal
Family Court Review
Published
2025-10-01
DOI
https://doi.org/10.1111/fcre.70022
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Families broken forever: Why surviving spouses of wrongfully convicted and imprisoned persons are entitled to compensation

Ian A. Harris
Family Court Review
Criminal Justice and Corrections Analysis
article

Families broken forever: Why surviving spouses of wrongfully convicted and imprisoned persons are entitled to compensation

Ian A. Harris
article en

Abstract

Abstract Wrongful convictions and imprisonment are a natural consequence of our criminal justice system. New York is one of 35 states with wrongful conviction compensation statutes, offering some form of relief to individuals and their families. However, the incidence rate of suicide among these families calls for a solution when that wrongly convicted individual takes their life. This note advocates for an expanded form of relief under the New York State Court of Claims Act Section 8‐b, creating a cause of action for surviving spouses to receive compensation in the wake of their partner's death.

Family Court ReviewVol. 63(4)
Hofstra University (US)
Openalex Percentile: Top 63%
Criminal Justice and Corrections Analysis
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