Texas executes an innocent man

[creekster]

Much more palatable, yes, thank you.

It's interesting to me that you find a comment by O'Connor and an extremely small unjust conviction rate useful enough for setting policy, but apparently not any of the extensive research cited by Scalia in his opinion. Speaking for just myself, I find the fact that we've gone 33 years (after DP's reinstatement) without a single case as quite useful in setting policy. To me, it says the system is working as designed. You keep saying, "but someday it statistically HAS to happen!" Perhaps it will, perhaps it won't. I can only speak to the facts as they exist today.

As you surely know, the body of evidence far exceeds O'connor's commetn or Scalia's opinion. No one in this thread has provided much evidence other than the oringial article, which you and other's haven't attempted to refute (and which is not accounted for in Scalia's conclusion, as he is quoted in the article). If you are suggesting thatthe system is better than it was, I agree. If you are suggesting it is perfect, you have no basis. Instead you seem to be saying "so far so good, carry on." Perhaps you can live with that; I can't.

Indeed, as I quoted to SU, Scalia views the number of death row convicts released as evidence the system is working, rather than proof of its failure. And it's not as though the system is not constantly evolving anyway. IMO, a man is much less likely to be wrongful executed today than 30 years ago.

[/QUOTE]

Of course he does. It shows he is an advocate. Isn't an equally reasonable inference that it shows that someoneinnocent almost certaibnly has been executed? (consider that the releases are happening from new review of old DNA evidence; what about all the cases where there is no DNA evidence, like the article here?)

[Tex]

As you surely know, the body of evidence far exceeds O'connor's commetn or Scalia's opinion. No one in this thread has provided much evidence other than the oringial article, which you and other's haven't attempted to refute (and which is not accounted for in Scalia's conclusion, as he is quoted in the article). If you are suggesting thatthe system is better than it was, I agree. If you are suggesting it is perfect, you have no basis. Instead you seem to be saying "so far so good, carry on." Perhaps you can live with that; I can't.

Of course he does. It shows he is an advocate. Isn't an equally reasonable inference that it shows that someoneinnocent almost certaibnly has been executed? (consider that the releases are happening from new review of old DNA evidence; what about all the cases where there is no DNA evidence, like the article here?)

I understand where you're coming from and yes, it's a reasonable inference. For me, the mere inference is not enough to change policy.

[RobinFinderson]

This is a tragedy, indeed. But I'm not sure life in prison for an innocent man is much better. You put me in prison for life, you take my life. I might as well be dead.

IMO, this is more of a sad commentary on a poor justice system than it is a strike against the death penalty.

The justice system is indeed messed up, but the penal system is the really messed up part of the equation. You are right that a life sentence in a maximum security prison might be worse than death, but it shouldn't be that way. Our prisons are a stain against humanity. They are tragic places that for many prisoners are worse than death. It doesn't have to be this way. It shouldn't be this way. Incarceration should be a reformatory period, but instead most prisoners are released in a worse psychological state than when they went in.

[byu71]

The justice system is indeed messed up, but the penal system is the really messed up part of the equation. You are right that a life sentence in a maximum security prison might be worse than death, but it shouldn't be that way. Our prisons are a stain against humanity. They are tragic places that for many prisoners are worse than death. It doesn't have to be this way. It shouldn't be this way. Incarceration should be a reformatory period, but instead most prisoners are released in a worse psychological state than when they went in.

How can we make it a more reformatory experience. Can it be done with the current fund expenditures or would it cost more money.

[RobinFinderson]

How can we make it a more reformatory experience. Can it be done with the current fund expenditures or would it cost more money.

I have no idea how much it would cost. But the philosophical change in the American view of the purpose of prisons would be a good start, and that would be free. Most American view the prison system as a punishment machine rather than a reformation machine.

[pellegrino]

While there are crimes that deserve the death penalty (I once worked for a court handling the appeal of a child rapist/murderer who had confessed; his confession is the most sickening thing I have ever read; I would have pulled the lever myself for that guy), becasue its applicaiton can never be perfect and equal I cannot support it.

This is precisely why I cannot support it either.

[Jarid in Cedar]

I'm just saying there is no inherent flaw in capital punishment. Mistakes in its application are made by irrational human beings, so any venom directed at such a miscarriage of justice should be directed at those who pulled the trigger, not the gun.

Hmmm... I just found a common thread between capital punishment and gun control I'd never thought of before.

I though this stuff makes you mad

[creekster]

Here are a couple of links that some fo you might find intersting. ONe is a rebuttal to the NYT article by the prosecutror (now a judge)on the case. The second is a rebuttal to the rebuttal.

http://www.corsicanadailysun.com/opinion/local_story_241210447.html

http://stopexecutions.blogspot.com/2009/09/more-rebuttals-to-ignorant-claim-by.html

[Jarid in Cedar]

Here are a couple of links that some fo you might find intersting. ONe is a rebuttal to the NYT article by the prosecutror (now a judge)on the case. The second is a rebuttal to the rebuttal.

http://www.corsicanadailysun.com/opinion/local_story_241210447.html

http://stopexecutions.blogspot.com/2...-claim-by.html

We should forward this to Scallia.