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kpete

(71,984 posts)
Tue Sep 9, 2014, 09:27 AM Sep 2014

Depraved Justice (Scalia)


Scalia’s utter moral failure: How he destroys any claim to a superior system of justice
He doesn't think executing an innocent man matters. How on earth can such a depraved human be on our Supreme Court?


HEATHER DIGBY PARTON

He cited this particular case in the decision on Collins v. Collins back in 1994 in which he disagreed with Justice Harry Blackmun on the constitutionality of the death penalty. This was the famous case in which Justice Blackmun disavowed his former support for capital punishment and declared that he would no longer “tinker with the machinery of death.” Scalia wrote, with characteristic sarcasm:

Justice Blackmun begins his statement by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern. The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. How enviable a quiet death by lethal injection compared with that!”



Yes, how very enviable. Unless the defendants are innocent, in which case it is as horrifying as the brutal slaying of the victim, particularly after 30 years spent imprisoned in a small cell waiting for the day that he will know in advance he is to die. That alone is cruel and unusual punishment. Not that Justice Scalia sees it that way. (His comments suggest that the methods of punishment should be directly correlated to the luridness of the crime, an antediluvian concept rejected by the Enlightenment-influenced writers of the Constitution he alleges to take so literally.)

I call him depraved because he thinks that factual innocence doesn't matter but believes that what he is doing is moral. Is there a better word to describe him?

Honestly, this man has something wrong with him. He has no business being in such a powerful position. The fact that he holds such an esteemed place in our society says as much about us as it does about him.

MORE HERE:
http://www.salon.com/2014/09/08/scalias_utter_moral_failure_how_he_destroys_any_claim_to_a_superior_system_of_justice/
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Depraved Justice (Scalia) (Original Post) kpete Sep 2014 OP
Due to his repeated violations of Americans Constitutional rights, he should be disbarred, ladjf Sep 2014 #1
He is too emotionally detached from the human experience to do his job competently. Baitball Blogger Sep 2014 #2
he claims to believe in due process, not factual innocence: unblock Sep 2014 #3
Scalia is a NAZI. Octafish Sep 2014 #4
a bastard! KG Sep 2014 #5
- Raffi Ella Sep 2014 #6
Scalia is first in line. Or was that Norquist? Enthusiast Sep 2014 #7

ladjf

(17,320 posts)
1. Due to his repeated violations of Americans Constitutional rights, he should be disbarred,
Tue Sep 9, 2014, 09:29 AM
Sep 2014

kicked off of the Supreme Court and be tried for his subversive practices.

unblock

(52,196 posts)
3. he claims to believe in due process, not factual innocence:
Tue Sep 9, 2014, 10:51 AM
Sep 2014

he is on record as saying that actual evidence of innocence shouldn't be reconsidered after death penalty appeals have been exhausted. you're entitled to due process, not to a correct result, he says.

so consider this scenario:

someone falsely accuses scalia of a capital offense. everything about it is a fabrication, there's not even a dead body or a social security number for the victim. all made up.

scalia and his entire extended family are captured, beaten up, and taken away. he and his entire family are raped and tortured repeatedly alternatively denied food them force-fed whatever it is that they hate the most. forced to listen to north korean propaganda and disco music. denied communication with lawyers.

they see the most ridiculous trial on a television monitor, the judge is clearly biased and doesn't follow rules. scalia's defense isn't even present and can't cross-examine witnesses or present their own evidence. there's no jury. after a bit of this legal circus, the judge sentences scalia to 100 consecutive death sentences.


scalia is then allowed to appeal. the appeals court inexplicably finds no errors at the trial court level.
scalia then appeals to the supreme court. the supreme court refuses to hear the case, without explanation.
the governor decides not to pardon scalia.

finally, after the deadlines have all come and gone, the original accusers come out and say it was all just a joke. they made it up, and they come out with a video they made at the time proving that it was all made up.

now, after all this, and after everyone agrees that scalia is innocent of a crime that didn't even exist, we're expected to believe that scalia would say:

"well, i've had due process and the process says i should be put to death. i accept that outcome. my factual innocence is irrelevant. please strap me down and make me writhe in pain for a couple hours before i am put down with less compassion than a dog. i do not wish to die, but i will gladly give my life to preserve a process that callously puts to death people even when there was no crime at all!"


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