Quote:
Originally Posted by Steve
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...
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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.