Re: Legal defence charges liability ?
Vikram10 wrote:Hello every one,
I would like to know if a state government puts charges on a person and if he is proved not guilty by the jury then in such situation is state government liable to pay the the defendant the charges he incurred in defending those charges ???
No, unless the state is maliciously prosecuting a defendant. In that case the defendant is entitled to damages from the state which might even exceed the costs of his initial defense.
Vikram10 wrote:If No then don't you think it is morally wrong for a state to put some charge though there was an incident and circumstancial evidance but they are not able to prove guilt and make some one go bankrupt !!!
We live in a society where the citizens are protected by the law. As a trade-off for that protection, they allow themselves to be subject to the same laws for the protection of everyone else. While the state bears the costs of prosecution (because it bears the burden of prosecuting), there is no comparable reason for society to bear the costs of criminal defenses (since whereas the state prosecutes crimes on behalf of the entire society, a defendant mounts a defense solely on his own behalf).
Now, a good argument can be made that society, which bears the costs of prosecuting offenses, should also bear the costs of defending against those prosecutions. And indeed the state provides legal aid for indigent defendants. I am not convinced, however, that society should necessarily bear the burden of paying the costs for all criminal defendants.
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