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<< Intelligence: Genes Cause Environment | Main | HalfJew.com >> February 24, 2003Who Cares if He's Innocent?From the New York Times: A prosecutor was trying to block a death row inmate from having his conviction reopened on the basis of new evidence, and Judge Stith, of the Missouri Supreme Court, was getting exasperated. "Are you suggesting," she asked the prosecutor, that "even if we find Mr. Amrine is actually innocent, he should be executed?"The basic gist of the idea is that even where DNA evidence might prove beyond doubt a death row inmate's innocence, they should not be allowed the test. Or be allowed to enter the evidence to ask for a new trial. Such is the legal terrain in America that needs to maintain the illusion that we ourselves as a society are only murdering the guilty. Better not to know and bury our mistakes than bring them to light. Posted by Nathan at February 24, 2003 06:56 AM Related posts:
Trackback PingsTrackBack URL for this entry: CommentsScalia or Rehnquist has made statements to that effect too, I think. The idea is that judicial procedures should be quick, efficient, and formally correct, and past a certain point the only recourse is executive clemency. Besides his prosecutor's bias Rehnquist seems to have an undue concern for the judge's supposedly heavy workload, and the administrative efficiency of the trial system. Almost as if he were combining the functions of a union leader for the judges and time-motion-study man for management. Posted by: zizka at February 24, 2003 12:13 PM This should refute the self-serving line one hears from many prosecutors that while defense attorneys are only in it to get their client off (innocent or guilty), prosecutors are seeking "the truth" or "justice", not a win at any cost. Posted by: cs at February 24, 2003 10:41 PM I had law professors who swore by procedural due process, i.e., if the methodology for arriving at a legal conclusion 'works' then the practical effect doesn't matter. It seems to be that this viewpoint appeals to people who want to affirm the status quo in general. You would probably find them arguing that just about any form of hierarchy is fine the way it is, too. Posted by: Mac Diva at February 25, 2003 01:40 AM Post a comment
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