Wednesday, June 29, 2005
Court May Revise Rule On Death Row Appeals
Washington Post
Back when I was on the ACLU National Board, I learned a lot about constitutional law. One thing for sure is that, unlike statutory interpretation in cases like the eminent domain ruling, constitutional issues can come out almost any way depending on the facts of the case.
It's important to know that the high court is not a trier of fact. Believe it or not, they presume that judges and juries down here get that part right. Therefore, it follows that, if all the rules of due process have been observed, mere innocence is no cause to overturn a perfectly good verdict. In death penalty cases, this is especially problematic. Innocent people very rarely accept being put to death without putting up some sort of stink.
Finally, the Supremes are getting around to fixing a tremendous injustice. High time.
Back when I was on the ACLU National Board, I learned a lot about constitutional law. One thing for sure is that, unlike statutory interpretation in cases like the eminent domain ruling, constitutional issues can come out almost any way depending on the facts of the case.
It's important to know that the high court is not a trier of fact. Believe it or not, they presume that judges and juries down here get that part right. Therefore, it follows that, if all the rules of due process have been observed, mere innocence is no cause to overturn a perfectly good verdict. In death penalty cases, this is especially problematic. Innocent people very rarely accept being put to death without putting up some sort of stink.
Finally, the Supremes are getting around to fixing a tremendous injustice. High time.
