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

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  •  The standard this judge applied (9+ / 0-)
    The Court now considers whether Mr. Davis has shown, by clear and convincing evidence, that no reasonable juror would have convicted him in light of the evidence he has presented since trial.
    •  Thanks (2+ / 0-)
      Recommended by:
      Xapulin, Actbriniel

      that seems to be a truly vague standard -- what is a "reasonable juror"?  It just takes one reasonable juror to decide there's reasonable doubt.

      That being said -- and as you, yourself indicated already -- neither of us are supporting the death penalty.

      Vi er alle norske " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

      by gchaucer2 on Thu Sep 22, 2011 at 08:49:59 AM PDT

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    •  His burden, to prove a negative (2+ / 0-)
      Recommended by:
      T100R, Tonedevil

      no wonder it doesn't get the right results.  Unless the new evidence somehow directly rebuts all of the evidence in the record that could form a basis for conviction, nothing.  That means, one eyewitness who's unavailable or doesn't recant can form the basis.  A reasonable juror could have found the non-recanting or newly unavailable witness was more credible, and so Davis can't meet that standard.  At the very least, the standard should be altered so Davis could have gotten an actual new trial, where real live reasonable jurors get to decide these questions for themselves.  (Maybe using preponderance instead of clear and convincing but keeping the burden?)

      I am not going to argue the courts got the law wrong.  What I'm arguing is the courts got the law wrong.

      "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 09:02:03 AM PDT

      [ Parent ]

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