I'm sorry that you don't understand the definition of recanted. There is enough doubt that it will be criminal to execute him. Well, IMO, it is criminal to allow the state to execute anyone.
But then, I'm not a big government supporter.
Recantations are generally not worth all that much.*
IF your theory of criminal justice were ever to hold sway, there would be no such thing as a death penalty, since to get it negated, all anybody would ever have to do is get any witness to publicly SAY that he or she was "recanting" what they'd previously testified to under oath.
BTW: the concept of "big government" does not entail the power that a government might have, under law, to sanction criminals convicted of crimes.
Raving Hypocrite, you ARE a big government supporter. You just quibble about the scope of governmental power in SOME respects when it suits your political ideology.
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* For example:
* * * * Post-trial recantations of testimony are "looked upon with the utmost suspicion." Johnson, 487 F.2d at 1279 (citations omitted); see also United States v. DiPaolo, 835 F.2d 46, 49 (2d Cir. 1987) (same); United States v. Castano, 756 F.Supp. 820, 824 (S.D. N.Y. 1991) * * * *
Excerpted from
U.S. v.
Green, 4 F.3d 987 (4th Cir., 1993).