he also said there was nothing wrong with executing a clearly innocent man, there was nothing cruel or unusual about it. Just as long as he was found guilty by his peers, and went through the court system.
Spare you the effort though:
"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"
I like how so many have abused that remark, which is a simply statement of fact. Scalia pointed out that there was no Supreme Court precedent on this issue, in his opinion. You can play with that comment if you want to, but I choose to it at face value. It doesn't, to me, look like he is saying executing the innocent is perfectly fine.
Incidentally, I don't really see the connection to my own comments there, so Scalia might not be the only one you're misinterpreting. I am saying that I don't go in for rhetorical arguments when every conceivable example I can think of would either be nonsense or justification for retrials, not random release. If you're specifically homing in on my comment that I don't consider execution inhumane, then fine, I believe it is possible to kill someone in a humane fashion, and I only support those kinds of executions. Last I checked this was both the law and the majority public opinion.
The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
A level-of-comfort question regarding imprisonment of mixed innocent and guilty groups.
- 05/03/2010 02:39:53 AM
326 Views
as things stands, I don't think we'd ever reach a level where that'd be necessary oO
- 05/03/2010 03:24:07 AM
206 Views
100%
- 05/03/2010 03:47:31 AM
212 Views
Law of averages says there are certainly many innocent people in prison.
- 05/03/2010 04:09:41 AM
198 Views
Doesn't matter
- 05/03/2010 04:22:19 AM
187 Views
You know Scalia said something like that last year
- 05/03/2010 04:37:00 PM
196 Views
'Something'? Quotes are nice
- 05/03/2010 05:07:00 PM
182 Views
Clarification: X% of them definitely did not meet the standards of reasonable doubt.
- 05/03/2010 09:44:09 PM
172 Views
A relevant question; it seems to hinge on where one draws the line.
- 05/03/2010 04:19:34 AM
175 Views
I never really liked silly questions like this
- 05/03/2010 02:23:36 PM
206 Views
If there were 2,000,000 innocent and only 1 guilty, retrying everyone would not be practical.
- 05/03/2010 09:22:16 PM
177 Views
That's silly though
- 05/03/2010 09:39:53 PM
184 Views
Re: That's silly though
- 05/03/2010 11:11:50 PM
191 Views
Re: That's silly though
- 06/03/2010 12:11:06 AM
175 Views
what does the chance of reoffending have to do with guilt?
- 05/03/2010 10:02:21 PM
164 Views
Debt can be paid off, leaving the question of rehabilitation. *NM*
- 05/03/2010 10:32:38 PM
67 Views
I still don't see the realtionship to guilt
- 05/03/2010 10:59:28 PM
157 Views
Re: I still don't see the realtionship to guilt
- 05/03/2010 11:31:51 PM
171 Views
there is a reason they call it the justice system and not the rehabilation system
- 05/03/2010 11:33:55 PM
188 Views
It's called all kinds of things
- 06/03/2010 12:02:00 AM
186 Views
Re: It's called all kinds of things
- 06/03/2010 05:44:32 AM
176 Views
Well, we aren't going to agree at all (and I DID say it was opinion)
- 07/03/2010 09:00:37 AM
149 Views
