1. When a person's criminal conviction has been overturned, does that person automatically deserve compensation for his/her time in imprisonment? Why or why not?
2. When a person's criminal conviction has been overturned, the State of Colorado only permits the return of court costs, fines, and restitution for felonies after a subsequent showing of actual innocence before a court. If there is a showing of actual innocence, there is also an award of at least $70,000 per year for the time spent in imprisonment. But there is no automatic return of court costs, fines, and restitution for felonies unless there is a showing by the previously convicted person of his/her actual innocence.
Is this a denial of 14th Amendment Due Process to these formerly incarcerated persons? Explain the Supreme Court's holding in Nelson v. Colorado and the Court opinion by Justice Ginsburg.
https://www.supremecourt.gov/opinions/16pdf/15-1256_5i36.pdf
3. What different decisions would Justice Alito and Justice Thomas have made about the Colorado law?
4. Which opinion is most compelling? Explain your answer.