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What, If He's Innocent We Can't Execute Him?

To watch the American judicial system from afar is more than amazing.

Some of the pronouncements made by judges, including those on the Supreme Court, are not only astounding but breathtaking.

Just read the following from CommonDreams.org and try and not choke when reflecting on the fact that this has been said by a judge, a lawyer [?] and human being:

"After 18 years on Death Row, Troy Davis will finally get a chance to prove his oft-stated innocence in a killing after the Supreme Court took the rare step of ordering a federal court in Georgia to re-consider his case. The decision comes after seven witnesses recanted their testimony against him, several people implicated a main witness as the killer, and 27 former prosecutors and judges filed a brief supporting Davis. Astonishingly, in a dissent from the court ruling, Justice Antonin Scalia argued that "actual innocence" is no reason not to execute someone. In light of his remarks, we again welcome Sonia Sotomayor, who did not rule on the case, to the court.

"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."

See also Scott Horton, writing on the same subject in "Culture of Death" in Harper's Magazine.

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