4 ms·
"We're going to execute an innocent man, and it is his own fault because his defense failed to successfully impeach the state's only witness, who we now know wa
by brookst 4y ago
"We're going to execute an innocent man, and it is his own fault because his defense failed to successfully impeach the state's only witness, who we now know was either lying or insane."
- mulmen 4y agoWell, we don't know that he is innocent. Just that he didn't receive a fair trial.
- brookst 4y agoRead the article, and others. All indications are actual innocence. Literally no evidence links him to the crime.
- mulmen 4y agoI'm being pedantic. The trial already happened. We don't know what the outcome would have been if the witness' shortcomings were known to the jury.
- brookst 4y agoYou're right that we can't know. But I think it's fair to say, in hindsight, that someone was sentenced to death entirely based solely on evidence that no reasonable person would consider beyond a doubt. But, assuming they go ahead and kill him, I'm sure that will be the rationale: we can't be sure he was innocent, and someone has to die.
- mulmen 4y agoThe governor can decide to not execute him. This just isn't something the courts can remedy.
- brookst 4y agoSure. I just would have expected the courts to be interested in justice. The complaint here is that the courts, in this case at least, have embraced bureaucracy and process even when in conflict with justice. Not a great look for a "justice system".
- mulmen 4y agoThe courts have no mechanism by which they can act. I really don’t understand what they could or should have done differently. They have no choice here.
- unyttigfjelltol 4y agoThis of course is predictable and a scenario that Massachusetts, at least, planned for in its law on first degree murder (which at one point was a capital offense). The highest court of appeal there is empowered to reweigh the evidence or, even if the evidence of guilt was adequate, act on the basis of "any other reason that justice may require...." [1] The law avoids the worst result of a high court dodging responsibility for a miscarriage of justice. Doesn't perfect justice (part of the reason there is no death penalty under Massachusetts law) but does require the high court to own the result. [1] https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter278/Section33e https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Ch...