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

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  •  It wasn't reasonable doubt (0+ / 0-)

    The standard was higher:

    After a federal hearing last year, ordered by the US Supreme Court, District Court Judge William Moore ruled that Troy Davis had failed to show "by clear and convincing evidence that no reasonable juror would have convicted him in the light of the new evidence" to emerge since his 1991 trial.
    Judge Moore concluded that "Mr Davis is not innocent" under this "extraordinarily high standard", although acknowledging that the new evidence cast "some additional, minimal" doubt on the conviction.

    When shit happens, you get fertilized.

    by ramara on Thu Sep 22, 2011 at 09:02:05 AM PDT

    [ Parent ]

    •  This means showing reasonable doubt (1+ / 0-)
      Recommended by:
      ramara

      was the only possible outcome, and by a tough evidentiary standard.  As long as the possibility exists that the non-recanting witnesses could have been deemed more credible,
      the goose is cooked.

      I've suggested a few different ideas, but maybe the review should be similar to a preliminary hearing.  If they had to do it over again, would the courts even let it go to trial?  That is, could the state actually present evidence sufficient to overcome the presumption of innocence.  

      This wouldn't work for most criminal cases, but I truly believe capital cases should be special and have built in redundancy where it's the state actively taking someone's life.  

      "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 10:42:56 AM PDT

      [ Parent ]

      •  That is interesting (1+ / 0-)
        Recommended by:
        Loge

        I'm not sure Davis was innocent.  But I am less sure that he was guilty.  That seems enough reason for not putting him to death.

        The death penalty is extraordinary because there is no undoing an error.  So I like the idea of something like showing another preliminary hearing.

        When shit happens, you get fertilized.

        by ramara on Thu Sep 22, 2011 at 01:51:45 PM PDT

        [ Parent ]

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