CRIMINOLOGY COMPENSATION STATUTES AND POST- EXONERATION OFFENDING EVAN J. MANDERY * AMY SHLOSBERG ** VALERIE WEST *** BENNETT CALLAGHAN ****
2013] COMPENSATION STATUTES 583
ONCLUSION VI. C
The fairness argument for compensating wrongfully convicted individuals is substantial. Our research suggests that the public policy reasons for compensation are compelling, too. These results can only be taken as tentative given the size of the data set. As we note, this is a consequence of the challenges of obtaining identifying information for exonerees. 119 Among other things, it would be interesting to see whether exonerees act differently following release in states without compensation statutes. We also see substantial potential value in qualitative research that endeavors to understand the real-world forces that lead some exonerees to offend following their releases. Despite these open questions, it is clear that substantial compensation may considerably reduce post-release offending. Theory suggests that this is because compensation helps exonerees overcome the substantial barriers to reentry that they face and because it makes them feel valued by society. This perception of being treated procedurally fairly may contribute to desistance.
The phrase “substantial compensation” bears emphasis. Our research suggests that insubstantial compensation is of little benefit. This is
consistent with the same theoretical perspectives. Insubstantial compensation neither enables the exoneree to reenter society successfully nor leaves him feeling valued by the criminal justice system. Given how difficult it is to secure compensation, a trivial award may only add insult to injury. These findings suggest that compensation is only a mitigating factor when the amount exceeds $500,000. Many states provide a cap on
compensation that is much lower than this amount. 120 Of course, even trivial compensation costs money, so the current situation in the United
States is the worst of all possible worlds.
119 See supra note 62. 120 See, e.g., supra note 35.
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