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The Innocence Project because I can't get over the fact that the very first time DNA evidence proved without a doubt that the state was killing innocent people
by DubiousPusher 7y ago
The Innocence Project because I can't get over the fact that the very first time DNA evidence proved without a doubt that the state was killing innocent people the Supreme Court should've immediately declared capital punishment as cruel and unusual but they did not.
https://www.innocenceproject.org/ https://www.innocenceproject.org/
- juped 7y agoThat would be a total non sequitur (even if SCOTUS "declared" things, which they don't). Neither the plain meaning of the words "cruel and unusual" nor any of the jurisprudence based on it implicate questions of guilt or innocence.
- DubiousPusher 7y agoOk, for the pedantic people out there. The Innocence Project because I can't get over the fact that the very first time DNA evidence proved without a doubt that the state was killing innocent people the Supreme Court didn't take the next capital case available to it and strike down the death penalty on the grounds that taking life capriciously based on a flawed epistomology is cruel. Edit: Which the court did in 1972 out of the concern that its uneven application made it cruel and/or unusual.
- juped 7y agoFurman was a poorly decided disaster that, because courts can't backtrack, led to the weird Gregg regime. This is simply not a matter for the judiciary to decide; by trying in Furman, SCOTUS bequeathed to us a legal disaster zone that jurisprudence has been working around ever since. In any event, Furman jurisprudence makes no reference to guilt or innocence. Abolishing the death penalty is the domain of the people through the legislature. Get a bill passed.
- DubiousPusher 7y agoWe must agree to disagree.