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Interesting. IANAL, so correct me if I'm wrong. It seems like the problem is not that the court wants to execute an innocent man, but that the Supreme Court d

Interesting. IANAL, so correct me if I'm wrong. It seems like the problem is not that the court wants to execute an innocent man, but that the Supreme Court does not have jurisdiction over the case. This would make sense in a way because the Supreme Court doesn't have the time to hear every death row inmates appeal. That is the duty of a lower court. On a side note that reinforces the financial problem with capital punishment. It often costs more money to execute someone than simply lock them up for life.

logicalmind 17y ago
Isn't this effectively a legal system DoS?
roc 17y ago
As I understand it, this is a case of whether a re-examination or re-trial can be compelled based on future factual revelation, even if the trial was free from error. I had always assumed, of course. It only makes sense that you never, ever want to punish the innocent and should always err on the side of being sure; particularly in the case of life- and death sentences. If this man winds up being shown innocent and is still to be executed, it will be an absolute miscarriage of human justice and an indictment of our entire legal system. Even if extraordinary powers are exercised to keep the State of Georgia from executing this particular man (and I can only hope they would be), the simple fact that our system would otherwise allow it to happen absent special dispensation is abhorrent to everything our nation supposedly stands for. (EDIT: clarified)
anamax 17y ago
> On a side note that reinforces the financial problem with capital punishment. It often costs more money to execute someone than simply lock them up for life. That analysis misses a lot of important details. Prisons kill people all the time. The only thing special about capital punishment is that we know when it's going to happen. If you believe that the review for capital punishment is what's required to justify killing someone, then clearly a lot of people aren't getting anywhere near adequate review. The way things are now, you're actually innocent, you're much better off being sentenced to death than sentenced to life - you've got much better odds of getting out alive. If you're actually concerned about innoncent folks, death row is the least of your concerns.

logicalmind 17y ago

Isn't this effectively a legal system DoS?

roc 17y ago

As I understand it, this is a case of whether a re-examination or re-trial can be compelled based on future factual revelation, even if the trial was free from error. I had always assumed, of course. It only makes sense that you never, ever want to punish the innocent and should always err on the side of being sure; particularly in the case of life- and death sentences. If this man winds up being shown innocent and is still to be executed, it will be an absolute miscarriage of human justice and an indictment of our entire legal system. Even if extraordinary powers are exercised to keep the State of Georgia from executing this particular man (and I can only hope they would be), the simple fact that our system would otherwise allow it to happen absent special dispensation is abhorrent to everything our nation supposedly stands for. (EDIT: clarified)

anamax 17y ago

> On a side note that reinforces the financial problem with capital punishment. It often costs more money to execute someone than simply lock them up for life. That analysis misses a lot of important details. Prisons kill people all the time. The only thing special about capital punishment is that we know when it's going to happen. If you believe that the review for capital punishment is what's required to justify killing someone, then clearly a lot of people aren't getting anywhere near adequate review. The way things are now, you're actually innocent, you're much better off being sentenced to death than sentenced to life - you've got much better odds of getting out alive. If you're actually concerned about innoncent folks, death row is the least of your concerns.