In criminal cases, however, there is no method of cost recovery for the "winner." Both the state and defendant lose financially, along with taxpayers and victims of the crime.
Criminal defendants who are found innocent by judge or jury frequently end up bankrupt. divorced, unemployed, friendless.
The lives of innocent defendants frequently are damaged beyond future repair. They end up free of official guilt, but burdened with debts for bail bonds, attorney fees, court costs, lost wages, living expenses, counseling, etc.
There is a legislative solution in criminal cases:
Require the loser--state or defendant--to pay all of the winner's reasonable costs associated with the case. Legal expenses would be reimbursed according to cost and fee standards for lawyers publically appointed to defend indigents.
Defendants still could hire more expensive legal counsel, but would recover only the standard costs in a successful defense.
Taxpayers would benefit in two ways: The state would be reluctant to pursue frivilous and weak cases and would recover at least some of the taxpayers' expenses in successful prosecutions.
More importantly, the so-called justice system would not force financial injustices on innocent defendants. (9 MAY 1999)
