West Memphis Three to Be Freed, But State May Avoid Liability.

CNN is reporting that a deal has been struck to release the “West Memphis Three.” In 1993, these three men (Damien Echols, Jessie Misskelley, Jr., and Jason Baldwin) were convicted of murdering three boys from West Mephis Arkansas. The three will be allowed to maintain their innocence, but are being required to concede that they were prosecuted in good faith by the State. While I am not an Arkansas attorney, this moves seems to be designed to cut off monetary liability for the state.

There is something is something wrong with a system which refuses to compensate individuals for wrongful incarceration, regardless of fault. They have lost everything and will have to restart their lives penniless. Innocence should be enough. Our system should not require a dual showing of actual innocence and affirmative misconduct on the part of an individual player.