Is Georgia going to execute an Innocent man?

[AGDLynn]

Execution will happen.

[MysticCat]

Originally Posted by AOEforme

So (just to make sure I am understanding this), SCOTUS will be able to evaluate if there was coercion, a mistrial, falsified evidence, etc. but not be able to evaluate if the prosecution actually proved guilt?

Close. SCOTUS will be able to review decisions of lower courts about these things to determine whether the lower courts committed some error or need to reconsider anything. This includes whatever may be in the record about the evidence offered at trial or the degree to which evidence might be questionable. Ultimately, this could include a finding such as that jury heard evidence that it should not have heard, rendering its verdict unreliable.

In such a case, the result is a new trial, so that a new jury can hear the proper evidence (assuming the prosecution doesn't drop the case), because only a jury can determine guilt.

[AOEforme]

Originally Posted by MysticCat

Close. SCOTUS will be able to review decisions of lower courts about these things to determine whether the lower courts committed some error or need to reconsider anything. This includes whatever may be in the record about the evidence offered at trial or the degree to which evidence might be questionable. Ultimately, this could include a finding such as that jury heard evidence that it should not have heard, rendering its verdict unreliable.

In such a case, the result is a new trial, so that a new jury can hear the proper evidence (assuming the prosecution doesn't drop the case), because only a jury can determine guilt.

Thanks for the explanation.

[CutiePie2000]

I need to read up a bit more about this Georgia situation, as I don't know much about what's happening...

However, the whole debacle of a miscarriage of justice potentially about to happen reminds me of the miscarriage of justice of what happened to David Milgaard in Canada: http://en.wikipedia.org/wiki/David_Milgaard
If my math is correct, David Milgaard was convicted at age 17 or 18, and did 23 years in prison for a crime he did not commit (and yes, they did catch the real rapist and killer later, which is this guy: http://en.wikipedia.org/wiki/Larry_Fisher)

[KSUViolet06]

http://news.blogs.cnn.com/2011/09/21...ion/?hpt=hp_t1

SCOTUS has denied the request.

[DeltaBetaBaby]

You should be outraged whether he is innocent or not. It is long past time we abolished the death penalty.

[Always AlphaGam]

Mr. Davis was executed at 11:08 PM.

[katydidKD]

I'm speechless.

[DrPhil]

Originally Posted by Always AlphaGam

Mr. Davis was executed at 11:08 PM.

While I was grocery shopping. I received a mass text from an acquaintance who lives on the west coast. It had all sorts of racial slurs aimed at whites and was talking about getting violent and rioting. Ummm...I was really bothered by that...really...it almost made me forget to pick up my gorgonzola salad.

Now is not the time for all of that. It is especially not the time considering that many people don't know what they are angry over beyond the surface level details that they have read. If people are outraged there are plenty of nonviolent ways to have a voice and fight toward change.

/end rant

[KSUViolet06]

My hope is that maybe this causes other states to examine similar capital punishment cases (there are probably many more just like Mr. Davis on death row.) Will that actually happen? Who knows.

[DaemonSeid]

Question: While everyone is discussing the finer points of Troy Davis' execution, who feels that Lawrence Brewster, also put to death tonight, should have lived?

[AOII Angel]

Originally Posted by DaemonSeid

Question: While everyone is discussing the finer points of Troy Davis' execution, who feels that Lawrence Brewster, also put to death tonight, should have lived?

#1- where have you been?

#2- yes. I think Brewster was a vile and repugnant man, but the death penalty is applied unfairly and fails at what it purports to do, deter crime. Lifelong imprisonment without the possibility for parole is less costly and doesn't risk killing innocent people since we know that our judicial system is irreparably flawed. I also find the game of chicken played at the time of executions to be particularly repugnant.

[Tulip86]

Originally Posted by Always AlphaGam

Mr. Davis was executed at 11:08 PM.

It was the first thing I saw on the news this morning (it made headlines even here) so sad.
May he rest in peace.

[AOEforme]

Originally Posted by DaemonSeid

Question: While everyone is discussing the finer points of Troy Davis' execution, who feels that Lawrence Brewster, also put to death tonight, should have lived?

Originally Posted by AOEforme

I also don't believe he should be executed, as I don't believe anyone should every be put to death, but that is something I personally feel and believe. (I even include the white supremacist in Texas who was put to death today in Texas's 11th execution this year.)

I do.

[DubaiSis]

Here's my opinion - life in prison is a lot harder on the person than killing them which I personally think lets them off the hook. And as a bonus, if it turns out the person was in fact innocent, it can be righted later. Plus, if a person was heinous enough (Jeffrey Dahmer) the prison population will take care of the problem. I think he lasted 2 weeks in prison, a damn site shorter than if he'd have gotten the death penalty which would have taken years to process. So my bent is really toward upping the punishment, not religious value.