General Discussion
In reply to the discussion: So we kill someone to show that killing someone is wrong [View all]avebury
(11,204 posts)First of all I am just flat out anti death penalty. In addition, people cannot trust the justice system in this country, both police and prosecutors. Mark Furhman wrote a really good book, Death and Justice, about 10 DP cases in Oklahoma County during the era of D.A. Bob Macy and discredited Director of OKC Police Dept. Crime Lab, Joyce Gilchrist.
Given a mistrust of the justice system you have to consider Scalia's attitude that, later proof of innocence is not sufficient to stop the execution of a person if that person had a full and fair trial. The concept of "full and fair trial" is totally at question because I no longer think that society can expect that full and fair trials are guaranteed.
http://thinkprogress.org/politics/2009/08/17/56525/scalia-actual-innocence/
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. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged actual innocence is constitutionally cognizable.