DeLorean, Victim of the System?

Moran says DeLoren--and all other criminal defendants found not guilty of the charge by a jury, each of whom must be convinced of guilt beyond a reasonable doubt in order to convict--is “a victim, a victim without crime. . . .” and “must be compensated” for his out-of-pocket attorneys’ fees, expenses and costs. I consider myself a civil libertarian rather than at the “law-and-order” end of the spectrum, but Moran’s recommendation, if indeed he is serious, is so insensitive to the realities of the criminal justice system as to make some readers sputter and stutter.

Legal recourse on behalf of a defendant victimized by a malicious prosecutorial conspiracy without cause is appropriate (and I believe available under the civil rights laws). But Moran proposes that in the event that the jury concludes that the prosecution has not proven its case beyond a reasonable doubt, the court or the prosecuting entity shall be absolutely liable to that defendant for his legal fees and defense costs. He must have been kidding.

ROBERT H. SHUTAN Los Angeles