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U.S. Supreme Court

Jan. 14, 2017

Property rights by fiat

You'll get an unexpected message from some states if you're ever convicted of a crime and then later exonerated: We're sorry for wrongfully imprisoning you and wrecking your life, but we'll be keeping your money. By Ethan Blevins

Ethan Blevins

Attorney
Pacific Legal Foundation

By Ethan Blevins

If you're convicted of a crime in Colorado, you'll have to pay a bunch of fines and fees - victim restitution, court costs, and so forth. If you're exonerated, though, Colorado won't give you back that money unless you prove your own innocence. The U.S. Supreme Court held oral argument on Jan. 9 in Nelson v. Colorado to decide whether this guilty-until-proven-innocent approach violates due process.

The oral...

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