Circumstantial evidence is not, I believe, a bar to conviction.
Joel Send a noteboard - 22/09/2011 09:43:56 PM
whether or not Troy Davis was guilty, the fact that someone can be executed with ZERO physical evidence tying them to the crime is beyond the pale. it has long been established that eyewitness accounts are not 100% reliable as evidence, but yet not only did a jury decide that the eyewitness accounts were enough to convict, they handed down a death sentence as well. then when 7 of 9 eyewitnesses recanted their testimony, it still wasn't enough to prevent the execution.
zero physical evidence, 7 of 9 eyewitnesses coming forward to say they were either wrong or coerced by police to give misleading testimony and yet we still put the convicted man to death for it. yay....
zero physical evidence, 7 of 9 eyewitnesses coming forward to say they were either wrong or coerced by police to give misleading testimony and yet we still put the convicted man to death for it. yay....
It usually has to be overwhelming though, and with the witnesses recanting, some of them even saying the cops pushed them into their testimony, that does not sound like the case here.
The larger issues though, are that
1) Even with someone else claiming to have murdered the victim, it will NEVER be investigated now because cops and prosecutors got their man. That means that if both he and the executed man are telling the truth a murderer will remain unhindered and unsuspected amid society until he commits ANOTHER such crime and
2) Even if overwhelming, incontrovertible proof comes to light that Davis was innocent and someone else guilty comes, this can never be undone. There is no way to compensate him for the loss of his life or his family for the loss of their loved one and
3) If he can be executed on the basis of such dubious evidence, anyone can, raising the question of whether the death penalty can be much of a "deterrent" when people can easily be subjected to it whether they commit any crime or not. Even the most serious penalty deters no one from anything when they face it whatever they do, and a lot of folks will just figure "if you must do the time, you might as well do the crime."
I am a big fan of life without parole, consecutive sentences etc. That Sirhan Sirhan and Manson are eligibly for parole, even if they will never get it, is a travesty and frankly disturbing, and I do NOT like knowing that it is largely up to the shrinks whether Anders Breivik will be on the street before he turns 50. I am also dubious of releasing someone early for "good behavior" when they were only there because they first behaved BADLY enough to shoot up Burger King over a sandwich with onions. None of that makes something as irrevocable as capital punishment a good idea, especially when it is so often imposed in such questionable circumstances. I am also appalled by prematurely foreclosing the opportunity for repentance and salvation that I consider so priceless; I recognize that many people do not find that compelling, but would not want to answer for it personally. I hope GA got the right man, but God only knows; anyone else is only guessing.
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Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
Please Don't Eat the Newbies!
LoL. Be well, RAFOlk.
i'm proud to live in a country where you can be executed based on circumstantial evidence...
22/09/2011 04:06:07 PM
- 1391 Views
And yet the Supreme Court didn't stop it. You're a lawyer right?
22/09/2011 04:19:05 PM
- 762 Views
Well, that right there was an ignorant thing to say.
22/09/2011 04:32:49 PM
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But they get all the media attention
22/09/2011 04:45:03 PM
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Cameron Todd Willingham is white, and his story is a national one since Perry is running for Pres
23/09/2011 03:41:52 PM
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those numbers are less schocking when you consider that blacks commet a lot more murders *NM*
22/09/2011 05:43:51 PM
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And this is a typically illogical argument.
22/09/2011 11:11:48 PM
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You're kidding, right?
23/09/2011 02:55:44 PM
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Re: You're kidding, right?
23/09/2011 07:36:38 PM
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Juror bias. *NM*
23/09/2011 08:35:10 PM
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Your evidence for that? *NM*
23/09/2011 11:33:58 PM
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Twenty-one years of life in the American South.
24/09/2011 12:40:10 AM
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Of course I'm interested
24/09/2011 04:03:51 AM
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From me being too involved with the subject material. I apologize.
24/09/2011 11:16:06 AM
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While I largely agree with your argument, I agree more with Cannoli on the NAACP.
23/09/2011 07:46:06 PM
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Huh.
22/09/2011 04:47:20 PM
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That jumped out at me too.
22/09/2011 04:50:52 PM
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What really confuses me
22/09/2011 04:58:32 PM
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That's a good question and I really wish it would be addressed.
22/09/2011 05:05:40 PM
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Re: That's a good question and I really wish it would be addressed.
22/09/2011 05:21:59 PM
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If the original trial is shown to be flawed that's supposed to require a new trial.
22/09/2011 08:25:51 PM
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Well...
22/09/2011 05:18:54 PM
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So if I understand you correctly...
22/09/2011 05:23:00 PM
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Yes, that is correct. And proving witness coercion is likely to be difficult if not impossible. *NM*
22/09/2011 05:30:37 PM
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it is only confusing because the evidence isn't really that shaky
22/09/2011 08:54:21 PM
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If I understand the Supreme Court correctly, the reason they denied the stay of execution was
22/09/2011 08:25:14 PM
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I completely support the Death Penalty without question.....
22/09/2011 08:27:54 PM
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Unreasonable doubt is impossible to eliminate.
22/09/2011 09:54:43 PM
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Doubt can be eliminated.....any question about Dalmer?
23/09/2011 01:00:52 PM
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Maybe he was framed by an enemy, government conspiracy or aliens.
23/09/2011 01:54:21 PM
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Jigga what? *NM*
23/09/2011 03:36:07 PM
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"I do not know if I was then a man dreaming I was a butterfly or am now a butterfly..."
23/09/2011 06:50:34 PM
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Circumstantial evidence is not, I believe, a bar to conviction.
22/09/2011 09:43:56 PM
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Regarding the salvation thing, that is an argument FOR the death penalty, in my mind.
22/09/2011 11:37:16 PM
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That motive is seflish and thus fatal.
23/09/2011 01:17:00 AM
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Bullshit
25/09/2011 03:53:05 AM
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Where do YOU get the idea that imperfect contrition is good enough?
25/09/2011 02:29:18 PM
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Thank God you're not an evangelist.
23/09/2011 02:59:06 PM
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And I pity the souls you have ministered to. They're in for a rude shock at their judgement
25/09/2011 04:01:05 AM
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lol roman catholicism *NM*
25/09/2011 04:39:55 AM
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Not just Roman Catholics, y'know, everyone who thinks God was not BSing about judgement.
25/09/2011 09:47:12 PM
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lol hellfire and brimstone *NM*
26/09/2011 12:12:28 AM
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I suppose in a consequences free world everything is a source of amusement.
26/09/2011 12:33:14 AM
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You really don't understand irony, do you? Particularly as it applies to your post about this case.
22/09/2011 11:26:49 PM
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.
23/09/2011 08:21:38 AM
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A list of anecdotal wrongs does not prove anything. If convictions can be wrong, so can exonerations *NM*
25/09/2011 04:03:26 AM
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sorry if i don't have time to link to every thing i've read on the subject
23/09/2011 02:54:50 PM
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Well I would think you would have picked an article that offers some iota of proof of his innocence.
25/09/2011 04:14:45 AM
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Well, I wouldn't call eyewitness accounts circumstancial evidence.
23/09/2011 11:45:48 PM
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Nor would I, but I've heard that lawyers say, "an eye witness is the worst witness you can have."
25/09/2011 03:23:53 PM
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