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May 18, 2013
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 ‘Probably’ Isn’t Good EnoughPosted on Sep 22, 2011
The death penalty is a barbaric anachronism, a crude instrument not of justice but of revenge. Most countries banished it long ago. This country should banish it now. The state of Georgia was wrong to execute convicted murderer Troy Anthony Davis as protesters and journalists kept a ghoulish vigil Wednesday night—just as the state of Texas was wrong, hours earlier, to execute racist killer Lawrence Russell Brewer. That’s hard for me to write, because if anyone deserved a syringe full of lethal poison it was Brewer. He was an avowed white supremacist who had been convicted, along with two accomplices, of the 1998 hate-crime murder of a black man, James Byrd Jr. They offered Byrd a ride, beat him up and then killed him by chaining his ankles to the back of their pickup and dragging him for more than two miles. When police found Byrd’s body, it was dismembered and decapitated. “I have no regrets,” Brewer said in an interview with Beaumont, Texas, television station KFDM earlier this year. “I’d do it all over again, to tell you the truth.” Sweet guy, huh? Still, I can’t applaud his death at the hands of the well-practiced Texas executioners. It’s not that I believe his life had any redeeming value, just that the state was wrong to snuff it out. Advertisement The case became a cause celebre. Luminaries who could never be accused of being soft on crime—such as former FBI Director William Sessions and former GOP Rep. Bob Barr—argued that Davis should not be executed because of doubt about his guilt. Wednesday night, in his last words, Davis told MacPhail’s family that “I did not personally kill your son, father and brother. I am innocent.” Then a deadly cocktail of drugs was pumped into his veins. The Davis case makes a compelling case against the death penalty—but not because it is exceptional. On the contrary, it’s fairly ordinary. Despite what you see on “CSI,” there isn’t always DNA or other physical evidence to prove guilt with 99.9 percent certainty. Jurors often have to rely on witnesses whose field of vision may have been limited—and whose recall, imperfect to begin with, degrades over time. Even when there’s no “reasonable doubt” about the defendant’s guilt—the standard for conviction—there’s often some measure of doubt. And there are questions of process. Were witnesses coerced into testifying against Davis? A few say now that they were. Did prosecutors prove their case? The jurors certainly believed they did. Could racial bias have been a factor? Unlikely, given that the jury included seven blacks and five whites. Should Davis’ attorney have done a better job of presenting a defense? Almost surely. It’s a mixed bag. I can’t ignore the fact that over the years, not one of the many judges who examined the case concluded there had been a true miscarriage of justice. This suggests to me that Davis was probably guilty. But “probably” isn’t good enough in a capital case—and this is why the death penalty is flawed as a practical matter. Someone who is wrongly imprisoned can always be released, but death—to state the obvious—is irrevocable. In scores of cases across the country, newly examined DNA evidence has proved that inmates jailed for rape or other sexual crimes were in fact not guilty. It is not just likely but certain that some defendants now on death row are innocent. Even if only one is eventually executed, that will be a tragic and unacceptable abuse of state power. There was a chilling moment in a recent GOP candidates’ debate when Texas Gov. Rick Perry was asked about having authorized 234 executions, more than any other governor in modern U.S. history. The crowd, drawn largely from tea party ranks, cheered this record as if it were a great accomplishment. “I’ve never struggled with that at all,” Perry said, referring to execution as “the ultimate justice.” But he should struggle with it. We all should.
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By OzarkMichael, September 27, 2011 at 10:11 am Link to this comment
Admit it Leftists, even “Definitely” isnt good enough.
Report thisBy drbhelthi, September 24, 2011 at 1:14 am Link to this comment
It’s scumbag politicians like Perry who have made a mockery of our judicial
system and disgrace the very basis of our union as a republican democracy.
Billy Pilgrim
The Perry´s of the world continue the mayhem, murder and conspiracy
theories that their super-rich forebears initiated. In the U.S., e.g. the
GHWBushSr entourage. Also, the disinformation program begun by the
C.I.A. in the 1960s, revealed publicly in 1981. The Bush family political
support for 2012 is displayed at http://scherf.com/club.htm
Click down the list to see the line-up.
Report thisWhy the home page carries the family name of Scherf is a question.
Also, why one high visibility Republican is omitted from the line-up?
Who is missing ?
I wonder why?
By drbhelthi, September 24, 2011 at 12:51 am Link to this comment
Of course, Saint Obama was probably too busy targeting drone strikes in Pakistan
or Yemen, or deciding on the next target for his black clad assassins of the night
to be bothered with Troy Davis. Samson
Good points.
Report thisWhich small farmer, who sells whole milk (un-plasticized via pasteurization &
homogenation) to the public will be attacked this week, for engaging in non-FDA-
approved activity?
Or which family will be attacked and slaughtered this weekend at 03:00 hrs, later
to be discovered to have been the wrong address?
Or which long-standing, respectable company such as the Gibson musical
instrument company will be attacked on a falsified charge? Genuine American
companies that employ Americans and contribute to the U.S.A.
By examinator, September 23, 2011 at 9:41 pm Link to this comment
Sampson,
Sadly you missed the point. The efficacy of the Death penalty is completely independent to who/which party supports it.
To argue that is a bit like saying which party emblematic animal is best…..utterly pointless.
His victim is still dead….his family will still continue to suffer. And if at a later time Davis is found innocent imagine their guilt about his execution.
I am of the opinion that violence simply begets violence. i.e. Regardless of if the Troy Davis’ guilt or innocence his execution simply spread the grief and resentment to a new set of arguably innocent victims.
Report thisYou are deluding your self if you think the consequence finish with Davis’ death it won’t! Indirectly it costs the community lots of $‘s as a consequence, over and above the obvious costs.
Apart from everything else it just doesn’t make $ sense.
By Taj, September 23, 2011 at 5:37 pm Link to this comment
(Unregistered commenter)
I have read the responses and followed the case with interest and trepidation. At this juncture, no one knows the “full” story that lead to this young man spending the majority of his life incarcerated and subsequently “put down” like a dog (literally for they used the same drugs that vets use to put down animals…even the company that produces the drug doesn’t approve it for use in humans…but that’s another matter for another time)
What we should be concerned about is the “precedent” that this execution creates. For many are well aware that this incident could easily be cited in future cases where there are similar circumstances (recanting of testimony by witnesses; coercion; failure to prove/match weapon used and various other
things that this case presented that called forth so many other questions). Given the fact that there are more black and brown persons incarcerated for serious crimes that may be eligible for the death penalty—Troy Davis’ case, which many see as a miscarriage of justice, has lowered the bar of: “proof beyond a reasonable doubt,” which is required to be shown in all death penalty cases.
There was more than what one would call “reasonable doubt” woven throughout the Davis case.
Some people stated that he had his case reviewed various times by various courts and lastly by the SCOTUS**; which chose to uphold his execution (the majority of its’ members being the same ones that interjected in the Florida fiasco and awarded the election to Bush Jr., contrary what the actual voter numbers were showing).
In these cases, the will of the people and those all around the world was ignored. Yet the US can spend millions to protect rights violations in the middle east. What irony.
The SCOTUS could have requested that his case be reviewed—especially given the public outcry over the Anthony case. They don’t live in a bubble, so I’m sure they were briefed on what went on in
Florida. They chose not to intervene. Sure, many other courts reviewed this case and upheld the decision…
Just because one is in a position of power, doesn’t make them right. Nor does it give them the power to ignore the obvious. Each time people allow this to happen without taking a stand, they give away their power to an obviously broken system and its’ keepers that choose to maintain the status quo.
What if those who reviewed the information available from the case saw that there was such a miscarriage of justice on every level by those in authority—that they worried that should it come out, it would completely unhinge the legal system in Georgia and around the U.S.? This case had worldwide exposure. It would call attention to the antics of the justice system, forcing people en masse’ to add the legal system to all the other systems that are in question due to blatant abuse of those in power (think the collapse of 2008, the bailouts, etc) These things don’t directly affect the Troy Davis case, but they do point to other problems in the U.S. where the peoples voice continually goes unheard by those behind the curtain who pull the strings.
I do hope that those that have the power will continue to investigate this case and uncover what this miscarriage of justice (Troy Davis’ execution) has attempted to cover up. It’s not a black, brown or white issue. Nor is it a Democratic, Independent or Republican issue—It is so much bigger than that.
We do not have all the facts, so we don’t know what transpired on that fateful night—but we can take a stand and to fight and reverse the precedents that are being set forth by executions that do not follow the “beyond a reasonable doubt” requirement(s)
If we allow this to go unchallenged, then we as a people, will have opened a Pandora’s Box that may never be closed—then we have no one to blame but ourselves and our own complacency.
**http://www.npr.org/2011/08/17/139646573/bill-puts-ethics-spotlight-on-supreme-court-justices
Report thisBy stevepesceca, September 23, 2011 at 4:34 pm Link to this comment
(Unregistered commenter)
The very same day Troy Davis was executed, a white supremacist was also executed for the racially motivated dragging death of an innocent black man. Nobody held candlelight vigils for him. It’s the fallacy of tying opposition to state-sanctioned murder with the personality of the person being executed. Troy Davis was a useful media personality for the election season to kick off its distracting discussion of wedge issues like Capital Punishment.
We should divorce the subject of the death penalty from the specific guilt or innocence of a particular person. We must divorce it from politics.
Report thisBy stevepesceca, September 23, 2011 at 3:08 pm Link to this comment
(Unregistered commenter)
The Troy Davis case actually doesn’t make the case against the death penalty at all. In fact, it’s incorrect to view capital punishment in terms of the guilt or innocence of one murderer. The important arguments against the death penalty are philosophical and practical. The fate of Troy Davis, who also shot another man earlier in the evening for which he was also convicted and his attorney said on kpfk yesterday when asked about it, “I don’t think we need to get into the details of that other case” may be the current cause celeb, but he’s actually just a cold blooded killer. That said, we should not be executing people. It’s counterproductive to our attempt at civilization.
Report thisBy walterbard, September 23, 2011 at 12:19 pm Link to this comment
“I did not personally kill your son, father and brother. I am innocent.”
All of the state and federal judges ruled reviwed
the case and none found in his favor. In 2009
the supreme court sent the case back for a complete review and the again, there an affirmation of guilt.
That quote is very odd. What did he mean by “personally kill?” Wouldn’t an innocent person
Report thisjust say I didn’t kill your son or I’m innocent.
Why the qualification “personally” Was he at the last
moment worried about saying a lie and answering to
whatever deity exists and so equivocates?
I don’t know I just find that answer strange.
By Samson, September 23, 2011 at 11:24 am Link to this comment
The sad thing is that Mr. Robinson is very willing to
support pro-death politicians as long as they are
dark-skinned, members of the Democratic Party or
both.
He of course manages to attack Republicans for
supporting the death penalty, while of course
completely ignoring Saint Obama’s same support. And
of course the very basic and obvious fact that Saint
Obama did absolutely nothing to prevent the state
murder of someone who was quite possibly innocent.
Of course, Saint Obama was probably too busy targeting drone strikes in Pakistan or Yemen, or
Report thisdeciding on the next target for his black clad assassins of the night to be bothered with Troy
Davis.
By John M, September 23, 2011 at 8:00 am Link to this comment
U.S. Constitution: Fifth Amendment:
“nor be deprived of life, liberty, or property,
without due process of law”
U.S. Constitution: Fourteenth Amendment:
“nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal
protection of the laws.”
The standard is beyond a “reasonable doubt” Not
Report thisbeyond ANY doubt - amend the constitution if you
don’t like it
By Billy Pilgrim, September 23, 2011 at 3:57 am Link to this comment
Rick Perry may have executed an innocent man and
Report thisintentionally hindered efforts to prove the man’s
innocence. In my humble opinion, Perry is a murderer
and should be arrested, given a fair trial, and
sentenced to life in prison without parole. It’s
scumbag politicians like Perry who have made a
mockery of our judicial system and disgrace the very
basis of our union as a republican democracy. The
very fact that Davis’s execution was delayed while
the 9 assholes on the Supreme Court failed to stay
the execution should fall under the heading of “cruel
and unusual punishment”. As long as we continue to
elect crooked slime balls to public office, there
will be many more state sanctioned murders. Rev.
Wright was right; no pun intended.