How Can Justices Even Think In These Terms

Discussion in 'Politics' started by Dr Grump, Oct 21, 2009.

  1. Dr Grump
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    Dr Grump Gold Member

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    A dissenting opinion, but one held by justices nonetheless

    "This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent."

    A case of innocence executed
     
  2. Avatar4321
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    Avatar4321 Diamond Member Gold Supporting Member

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    Well, does the Constitution forbid it? I havent seen a clause that does.
     
  3. Dr Grump
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    Dr Grump Gold Member

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    But should it.....
     
  4. jillian
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    jillian Princess Supporting Member

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    Should the constitution forbid execution of an innocent person?

    Is this really a rough question?
     
  5. BasicGreatGuy
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    BasicGreatGuy Aut libertas aut mors

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    There is nothing wrong with that statement. If you oppose the death penalty, I understand that argument. However, it is a matter for the respective states to decide not the federal government, in my opinion.
     
  6. The Rabbi
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    The Rabbi Diamond Member

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    The appeals court is not the finder of fact. The petty jury is the finder of fact. Once they announce their verdict, the facts are established.
    This is why there is executive clemency, exactly for cases like that.
     
  7. JakeStarkey
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    JakeStarkey Diamond Member Supporting Member

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    The Supreme Court has all original and appellate authority over matters constitutional (Article III). A matter of flawed due process or cruel and unusual punishment (which is certainly what execution of an innocent person would be) is certainly within the purview of the Supreme Court.
     
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  8. jillian
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    jillian Princess Supporting Member

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    not really...because the states aren't permitted to provide fewer constitutional protections than the federal government.
     
  9. Mad Scientist
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    Mad Scientist Feels Good! Gold Supporting Member Supporting Member

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    Lets if I understand this correctly:
    1. Man is convicted of murder.
    2. Man is given death penalty and executed in 2004.
    3. Evidence later proves his innocence.

    I'm not excusing it but I'll bet it wasn't the first time.

    Supreme Court says what it said when? Before he was executed? After?
     
  10. The Rabbi
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    The Rabbi Diamond Member

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    Another toilet-clogger from Jake, King of the Unsubstantiated Statement. Hail, Jake!!
     

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