GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2023

Status

Accepted

Abstract

Enacted in 2004, the Virginia wrongful conviction compensation statute is unique in the United States. The decision to award compensation rests not with a court or an administrative agency, but with the state legislature. Unlike other compensation statutes that create an entitlement to compensation when a person is found eligible, the Virginia statute explicitly says that “[t]he payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not 2 provide an entitlement to compensation for persons wrongfully incarcerated or require the General Assembly to appropriate funds for the payment of such compensation.” Va. Code § 8.01-195.10(A).

GW Paper Series

2023-19

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