RWarehall: This is the way the American criminal justice system has always worked from it's inception...
You get one trial to defend your innocence. You win, you cannot be tried again for the crime(s). You lose, you lose. While you can appeal for procedural errors, that was your trial and any appeal is meant to correct any procedural issues.
What some are seemingly suggesting is that one should have a right to a new trial if new evidence comes forth later. While people talk now about new DNA techniques, it could be what...a new witness...anything. Can you possibly imagine what would happen if you got your wish? Every single convicted criminal, maybe getting a friend of a friend to play witness for a new trial. Lose that one, try again. It's well known how backed up the legal system can get now. Can you imagine what it would turn into? Because with every innocent prisoner who might have some new evidence, you'd also have to allow every "innocent" criminal a new trial as well. There is a reason one is not allowed unlimited re-trials to prove one's innocence.
Call Scalia evil for that decision, but what he is clearly saying is you cannot change the laws based on "feelz". There are established laws that have been in place for over 200 years and just because a mob of people think someone might be innocent, they somehow must be entitled to a new trial. It has never worked that way and for good reason.
Some states have made recent exception for DNA evidence. That is their right by passing a new law, but generally speaking, the legal recourse is to seek a pardon. And as a Supreme Court justice, Scalia had to rule by the law. Frankly, with that decision, I don't see how any other decision could be made.
Just shows how poorly educated so many people are with regards to real-life issues such as the law.
adaliabooks: I haven't really got much knowledge of the American justice system, or even particularly our own.
I think over here an appeal can be made in light of new evidence or something similar (to a certain point anyway, I think you have a limited number of appeals, to successively higher courts), so maybe it is just a different system / culture thing, though I could be wrong.
I don't see that as being a bad idea, though there should be some kind of limit on what new evidence is considered (for example let the judge decide if it's worth actually retrying someone based on new evidence, which would hopefully weed out any close friends popping up with substantiated evidence as you suggest), but I suppose that's another can of worms too...
I may be misunderstanding the system, but wouldn't it possible for someone to be found innocent of a crime and for new evidence to come to light which proves they are not?
Surely there should be some method to deal with such cases as well as those of innocent people going to prison for crimes they didn't commit?
I disagree, the length of time a law has been in place is no reason it shouldn't be changed or overturned if the reasons are good. Maybe in this instance that decision was the right one (thank you for explaining more about the situation), but the idea that the law is a fixed thing that shouldn't change at all is clearly flawed.
When I did provide the real quote of the actual official response, I only quoted the part that was bastardized in the media. Further on, he has more to say that clearly does not show him to be as "evil" as certain activists want you to believe...
We granted certiorari on the question whether it violates due process or constitutes cruel and unusual punishment for a State to execute a person who, having been convicted of murder after a full and fair trial, later alleges that newly discovered evidence shows him to be “actually innocent.” I would have preferred to decide that question, particularly since, as the Court’s discussion shows, it is perfectly clear what the answer is: There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction. In saying that such a right exists, the dissenters apply nothing but their personal opinions to invalidate the rules of more than two thirds of the States, and a Federal Rule of Criminal Procedure for which this Court itself is responsible. If the system that has been in place for 200 years (and remains widely approved) “shocks” the dissenters’ consciences, post, at ____, perhaps they should doubt the calibration of their consciences, or, better still, the usefulness of “conscience-shocking” as a legal test.
I nonetheless join the entirety of the Court’s opinion, including the final portion (pages 869-870)—because there is no legal error in deciding a case by assuming arguendo that an asserted constitutional right exists, and because I can understand, or at least am accustomed to, the reluctance of the present Court to admit publicly that Our Perfect Constitution 1 lets stand any injustice, much less the execution of an innocent man who has received, though to no avail, all the process that our society has traditionally deemed adequate. With any luck, we shall avoid ever having to face this embarrassing question again,
since it is improbable that evidence of innocence as convincing as today’s opinion requires would fail to produce an executive pardon.
My concern is that in making life easier for ourselves we not appear to make it harder for the lower federal courts, imposing upon them the burden of regularly analyzing newly-discovered-evidence-of-innocence claims in capital cases
(in which event such federal claims, it can confidently be predicted, will become routine and even repetitive). A number of Courts of Appeals have hitherto held, largely in reliance on our unelaborated statement.