As for the cases in which a right to indemnification for judicial
errors ought to be acknowledged, it seems to me evident in the
first place that we must include those of convicted persons found
to be innocent on a revision of the sentence. Amongst persons
wrongfully prosecuted, I think an indemnity is due to those who
have been acquitted because their action was neither a crime nor
an offence, or because they had no part in the action (whence also
follows the necessity of verdicts of Not Proven, so as to
distinguish cases of acquittal on the ground of proved
innocence)--always provided that the prosecuted persons have not
given a reasonable pretext for their trial by their own
conduct, or their previous relapse, or their habitual criminality.
The third proposition of the positive school in regard to
individual guarantees, which was also advanced by M. Puglia, is
connected with reform of the penal code, and especially with the
more effectual indemnification of the victims of crime. The
object is to prune the long and constantly increasing list of
crimes, offences, and contraventions of all acts which result in
slight injury, committed by occasional offenders, or ``pseudo-
criminals''--that is, by normal persons acting merely with
negligence or imprudence.
Pages:
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235