Family Wants Re-Trial Of Murderer Executed In 1944

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visagrunt
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11 Nov 2013, 7:48 pm

I support the drive to revisit untrustworthy convictions. While the focus must be on living people who may have been wrongly convicted, I see value in revisiting other suspect convictions where a retrial can provide insight into how miscarriages of justice have transpired over time. There is historical and jurisprudential value.

That being said, I am strongly opposed with tying up court resources on matters of historical and scholarly interest. It seems to me that this would be an exercise in which a retired or supernumary judge could preside without displacing court resources. A source of funds would need to be found for prosecutorial and defence services, which should not be funded out of the public purse unless a compelling public interest in retrial could be demonstrated.


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eric76
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11 Nov 2013, 8:00 pm

visagrunt wrote:
I support the drive to revisit untrustworthy convictions. While the focus must be on living people who may have been wrongly convicted, I see value in revisiting other suspect convictions where a retrial can provide insight into how miscarriages of justice have transpired over time. There is historical and jurisprudential value.

That being said, I am strongly opposed with tying up court resources on matters of historical and scholarly interest. It seems to me that this would be an exercise in which a retired or supernumary judge could preside without displacing court resources. A source of funds would need to be found for prosecutorial and defence services, which should not be funded out of the public purse unless a compelling public interest in retrial could be demonstrated.


Courts will not generally consider cases that are of theoretical importance only. That would also include the initial trials of defendants who were already dead. It is probably not even possible for a case such as this going to court at all. A pardon might be possible, but probably not a retrial in a court of law.

I wonder if there has ever been an instance in the United States where someone who was already executed was granted a retrial.



Apple_in_my_Eye
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11 Nov 2013, 10:24 pm

chris5000 wrote:
but then you start changing the definition of justice and things start going south real quick

I'm not sure I understand. If justice means that if you have new evidence that exhonerates you you that you don't get to use it, then I think that that definition of justice must be changed. IMO if being proved innocent after the fact isn't allowed then it's not justice, because your actual guilt or innocence becomes irrelevant.



League_Girl
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11 Nov 2013, 10:56 pm

I have a feeling back in the days lot of innocent people were executed. Back then there were no fair trials and things were different then and it didn't take long to execute someone after they have committed a crime. Now today it takes years to execute someone because they all have lawyers and fight to stay off the gurney and we also have better evidence and better investigations so less people are accused. But it also seemed like to me if you were black, you were more likely to be executed because they were accused easily. The story just reminds me of The Green Mile.


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Fnord
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11 Nov 2013, 11:03 pm

League_Girl wrote:
I have a feeling back in the days lot of innocent people were executed. Back then there were no fair trials and things were different then and it didn't take long to execute someone after they have committed a crime ...

Ever hear of "Trial by Ordeal"?

Wikipedia wrote:
... an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to an unpleasant, usually dangerous experience. Classically, the test was one of life or death and the proof of innocence was survival. In some cases, the accused was considered innocent if they escaped injury or if their injuries healed, or sometimes the reverse ... ordeal of fire typically required that the accused walk a certain distance, usually nine feet (about 3 metres), over red-hot ploughshares or holding a red-hot iron. Innocence was sometimes established by a complete lack of injury, but it was more common for the wound to be bandaged and re-examined three days later by a priest, who would pronounce that God had intervened to heal it, or that it was merely festering - in which case the suspect would be exiled or executed.


There was also Ordeal by Water (made famous by Monty Python "Does she weigh more than a duck?"), Ordeal of the Cross, Ordeal by Ingestion (Poison or an emetic), and Trial by Combat.


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vermontsavant
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12 Nov 2013, 12:01 am

the expresion "to damn little to damn late" comes to mind


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Sylkat
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12 Nov 2013, 6:58 am

Agreed.

Dear League_Girl, Google 'the Scottsboro Boys'.



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League_Girl
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12 Nov 2013, 10:05 am

Okay maybe I was wrong then but why were executions done so quick then and why were lot of black people accused then and executed? That was a pattern I noticed when I was obsessed with capital punishment and noticed the majority who have been executed were black and the fact someone told my at my old job back in the days, if there was a crime, a black person was blamed for it and put to death and they never had the chance for a fair trial and to defend themselves to prove their innocence. He said it happened to someone in his family back in the days so they moved to get away from it all. . Or was he all full of it and he made it all up or was he just wrong?


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