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  1. #1
    shadowraiths's Avatar
    shadowraiths is offline LISK Liaison, Verified Forensic Psychology Specialist, infoSec Architect
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    Exclamation Justice Scalia sez: Constitution does not forbid execution of wrongly convicted man

    Do we really need the Constitution to tell us that it is just plain wrong to kill a man who has been wrongly convicted? Or have we become a country that is so hell bent on revenge, we'll get it wherever we can. Even if that means, murdering an innocent person?

    This Court has never held that the Constitution forbids the execution of a convicted de-fendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent.
    Court Opinion: In Re: Roy Anthony Davis



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  2. #2
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  3. #3
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    This Court has never held that the Constitution forbids the execution of a convicted de-fendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent. Quite to the contrary, we have repeatedly left that ques-tion unresolved, while expressing considerable doubt thatany claim based on alleged “actual innocence” is constitu-tionally cognizable.

    Yikes! Guess that explains A WHOLE LOT about our justice system, doesn't it, citizens?

    (To be fair, in regards to this particular case, the Court did examine the evidence presented to prove "actual innocence" and found it would not rise to the level needed........HOWEVER, no matter what "this Court" holds, I am pretty damn sure the writers of the constitution never meant that it was granting permission to execute wrongfully convicted defendants.)

    And I find it really scary that the Court has "repeatedly left that question unresolved" because with any life at stake, seems to me that is one helluva important question to get resolved.

    Know what I think? If the Court decides that it DOES FORBID the execution of wrongfully convicted defendants, they know that will put a virtual halt on the death penalty. They will cause to re-open all kinds of cases where defendants were sent to death claiming their innocence---especially cases in which DA's have blocked DNA testing, etc. And they are loath to do that. Better to keep its nose out of this, let the convicted face execution whether guilty or not. God forbid we should make USA liable for its actions.
    Last edited by kgeaux; 11-23-2009 at 08:03 PM.

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    Nothing Scalia says surprises me.



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