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View Diary: I am not convinced of Troy Davis' innocence (182 comments)

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  •  The flaws are twofold (6+ / 0-)

    First, the use of the death penalty at all.

    Second, the application of the standard that the defense at trial was merely adequate and the trial judge didn't make any obvious mistakes and that there was sufficient evidence a jury could reasonably believe what it concluded.  This works for appeals and collateral attacks on most sentences, but not life and death.  

    I'm of the view that the death penalty can't be saved, but if the state wanted to make a go of it, it should make sure the trials were absolutely above reproach.  Put the best prosecutor to assist as defense counsel and have the rookie prosecute.  

    "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

    by Loge on Thu Sep 22, 2011 at 08:20:38 AM PDT

    [ Parent ]

    •  mmmm... (1+ / 0-)
      Recommended by:
      penguins4peace

      "best prosecutor as defense counsel"? Prosecutors are not criminal defense lawyers, and believe me, having tried 100 criminal cases, good defense lawyers can run circles around the "best" prosecutors. What is required is good lawyers, adequate time and money. Then you get due process.

      •  well, i said assisting. (0+ / 0-)

        a lot of the best defense counsel did time in a D.A.'s office.  Either way, the state shouldn't need a Jack McCoy, but the case should be so air tight the traffic court dudes, or a transactional lawyer drafted off the street should be able to handle it.  

        "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

        by Loge on Thu Sep 22, 2011 at 08:47:03 AM PDT

        [ Parent ]

        •  Yes (0+ / 0-)

          and you may not believe it, but there are prosecutors in this world that will dismiss a case if they feel reasonable doubt exists, rather than "give it a shot" with a jury. probably not in Georgia though.

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