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Judiciary A forum to discuss court decisions and the judicial system in general

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  #61 (permalink)  
Old 09-08-2009
fishjoel's Avatar
Secretary of Defense

 
Member Since: May 2009
Location: Pennsylvania
Posts: 2,241

United_States     Pennsylvania

Re: Innocent Until Executed~!

Quote:
Originally Posted by goober View Post
Not according to Scalia,
Well, that statement doesn't say that's how things should be. I see it as more of an observation/report on how things have been and how they are. I think it is a very limited quote and, if you got to sit down with him, I highly doubt you'd discover that he is for purposefully executing innocent people. But who knows....?
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  #62 (permalink)  
Old 09-08-2009
Citizen

 
Member Since: Sep 2009
Location: US
Posts: 1

   
Re: Innocent Until Executed~!

If you're ever arrested, don't lose your cool. I think this is a good article:
What to Do If The Police Ever Arrest You in The United States | Socyberty
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  #63 (permalink)  
Old 09-08-2009
Sunshine's Avatar
Secretary of State
So many years in one yesterday~

 
Member Since: Aug 2007
Location: Cyberspace
Posts: 4,786

United_States     Kentucky

Re: Innocent Until Executed~!

Quote:
Originally Posted by J_Berkeley View Post
If you're ever arrested, don't lose your cool. I think this is a good article:
What to Do If The Police Ever Arrest You in The United States | Socyberty

Yes you are right. Taught my kids to do the 'yes sir, yes ma'an' bit and if necessary to be down right obsequious.
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  #64 (permalink)  
Old 09-08-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,069

United_States     Russian

Re: Innocent Until Executed~!

Quote:
Originally Posted by Steve View Post
Sure it would.

But what Scalia said is true. If the Supreme 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", then what he said is true...



Where is that quote? I didn't see it in the piece in the OP. I may have missed it...
It's in the OP and refers to this:

The Georgia Supreme Court rejected petitioner’s “actual-innocence” claim on the merits, denying his extraordinary motion for a new trial. Davis can obtain relief only if that determination was contrary to, or an unreasonable application of, “clearly established Federal law, as determined by the Supreme Court of the United States.” It most assuredly was not. 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.

Constitutional or not, executing an innocent man is a heinous act in my eyes. It's no better than a hitman killing an innocent man for money, except that this hitman works for the government. At least the "illegal" hitman wouldn't delude himself into thinking that it's okay because the government said so.

I see this as even more ridiculous than the idea that it is okay to raid an innocent man's home and destroy his property because the cop thinks something suspicious is going on.
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  #65 (permalink)  
Old 09-08-2009
Joint Chiefs of Staff Member

 
Member Since: May 2005
Location: Blue State
Posts: 1,641

   
Re: Innocent Until Executed~!

Quote:
Originally Posted by Sunshine View Post
Yes you are right. Taught my kids to do the 'yes sir, yes ma'an' bit and if necessary to be down right obsequious.
Of course, Chris Rock also explains it very well:
YouTube - Chris Rock - How not to get your ass kicked by the police!
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  #66 (permalink)  
Old 09-18-2009
U.S. Senator

 
Member Since: Nov 2008
Location: Louisiana
Posts: 722

   
Re: Innocent Until Executed~!

Quote:
Originally Posted by Sunshine View Post
I must confess I have always kind of enjoyed the Supreme Court's bad boy who never really learned how to play nice. But this time he has gone to far, IMNSHO!


Think Progress Scalia says there’s nothing unconstitutional about executing the innocent.




And another:

Why It's Constitutional to Execute an Innocent Man | Newsweek Dahlia Lithwick on Legal Issues | Newsweek.com
The constitution only prevents the state from executing someone without due process. As long as they had their due process then I guess there is no constitutional provision that prevents the execution no matter what. There is no constitutional right to live as I found out on this very forum in another post. I know that when an appeals court hears a case they always give effect to the plain language of any law unless it is so ambiguous that it requires interpretation. So maybe that is Scalia's reasoning in that case. He applied the plain meaning of the constitution.
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  #67 (permalink)  
Old 10-01-2009
Speaker of the House

 
Member Since: Jan 2005
Location: Somewhere in England
Posts: 934

United    
Re: Innocent Until Executed~!

Quote:
Originally Posted by wrxsti View Post
Of course, Chris Rock also explains it very well:
YouTube - Chris Rock - How not to get your ass kicked by the police!
I've never seen that before, I was killing myself laughing
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  #68 (permalink)  
Old 10-01-2009
Secretary of State

 
Member Since: Apr 2004
Location: CT
Posts: 5,725

United_States     Connecticut

Re: Innocent Until Executed~!

Quote:
Originally Posted by Mrs. M View Post
What the hell is Scalia thinking??????
He doesn't and never has. I have never read one of his opinions I was particularly impressed with.
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