tag:blogger.com,1999:blog-8597101.post6567990387674836085..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: 'Death row inmate's case about more than innocence'Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8597101.post-67791846739521550022012-03-14T07:25:42.747-05:002012-03-14T07:25:42.747-05:00FWIW, folks Ellison and Scalia are accurately desc...FWIW, folks Ellison and Scalia are accurately describing the case law, so I don't think these opinions mean they're "corrupt." I'm nearly finished right now with a <a href="http://www.amazon.com/Collapse-American-Criminal-Justice/dp/0674051750/ref=sr_1_1?ie=UTF8&qid=1327501705&sr=8-1" rel="nofollow">terrific book</a> that traces many problems in the American justice system to the US Constitution's (and specifically the Bill of Rights') focus on procedural guarantees ("no warrant shall be issued," etc.), with only the First Amendment (and to some extent, the Second) guaranteeing a proactive right.<br /><br />The courts aren't the only ones who can guarantee rights. Congress and state legislators can improve the written statutes, but haven't. And you've never heard President Obama nor any other US executive before him make this an issue, say, in a State of the Union address or seriously do anything to reform <i>habeas</i> law except further restrict access to the writ. Blaming the judges is blaming the messenger. This speaks to a much more fundamental flaw in American criminal jurisprudence that neither Ellison nor Scalia are responsible for. Indeed, they're among those responsible for articulating the issue most poignantly. They interpret the law, they don't write it.<br /><br />Laura, I tend to agree with you but you'd almost have to read Stuntz's book linked above to see the admittedly twisted (but in context understandable) logic behind the idea of a "valid" conviction of an innocent man. American criminal law elevates form over substance, and it happened long before the present generation of jurists came on the scene.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-90244813478671726132012-03-13T19:59:50.135-05:002012-03-13T19:59:50.135-05:00With a corrupt government how can we not have a co...With a corrupt government how can we not have a corrupt judiciary ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-38950489663604962572012-03-12T15:04:43.031-05:002012-03-12T15:04:43.031-05:00"Federal law does not recognize innocence as ..."Federal law does not recognize innocence as a mechanism to overturn an OTHERWISE VALID conviction." <br /><br />I fail to see how anyone could think that a process that convicts an innocent person could possibly be valid.<br /><br />---Lava---Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-37366767026660760042012-03-12T13:39:32.071-05:002012-03-12T13:39:32.071-05:00When the police lie with impunity, prosecutors rou...When the police lie with impunity, prosecutors routinely withhold evidence, systematically denying rights guaranteed by the constitution/bill of rights we have a problem Austin. When a Judge stands up and says innocence no longer matters we are at a point beyond debate. Significant, fundamental change is needed in the system NOW. Action!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-32489092921113313402012-03-12T11:35:30.388-05:002012-03-12T11:35:30.388-05:00i think the judges in cases like this allthe way t...i think the judges in cases like this allthe way to the 9 idiots at the ussc should be removed with prejuice.<br /><br />Sorry INNOCENSE trumps EVERYTHING!<br /><br />Just think maybe the fact the founding fathers didnt' think the NEED to specify that was they assumed most people had a BRAIN. Pity most of our judges and politicians NO LONGER have one!rodsmithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-45162389372185816112012-03-12T11:27:57.980-05:002012-03-12T11:27:57.980-05:00Grits, I take it this is an "ineffective coun...Grits, I take it this is an "ineffective counsel" case, not a DNA case, right?<br /><br />As a conservative I favor doing something to end the interminable appellate process, especially in frivolous or poorly crafted ones, but the right to establish one's innocense is pretty basic. <br /><br />Seems like the best answer is continued effort to make sure that the initial trial court lawyers are competent.Prison Dochttps://www.blogger.com/profile/03651611135066437902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-11076409972973137002012-03-12T10:43:10.276-05:002012-03-12T10:43:10.276-05:00Reminds me of Justice Scalia.
http://thinkprogres...Reminds me of Justice Scalia.<br /><br />http://thinkprogress.org/politics/2009/08/17/56525/scalia-actual-innocence/?mobile=ncAnonymousnoreply@blogger.com