THE AUTHORS ARGUE THAT ALTHOUGH THE DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY, HE IS NEVERTHELESS PUNISHED UNLESS COMPENSATED. ADVANTAGES OF SUCH A SYSTEM ARE OUTLINED. IT IS SUGGESTED THAT DEFENDANT COMPENSATION WOULD HELP ELIMINATE WASTEFUL OVER-INDICTING WHICH ADDS UNNECESSARILY TO THE COST OF OPERATING A CRIMINAL JUSTICE SYSTEM. ANOTHER POSSIBLE ADVANTAGE OF SUCH COMPENSATION COULD BE ITS DISCOURAGING EFFECT ON ARREST AS A MEANS OF PUNISHMENT AND HARASSMENT. FINALLY, THE AUTHORS ARGUE THAT SUCH A PLAN WOULD HELP SAFEGUARD THE CRIMINAL JUSTICE SYSTEM FROM BEING USED FOR POLITICAL PURPOSES. (AUTHOR ABSTRACT MODIFIED)