Tuesday, November 18, 2008

Cruel and Unusual

I understand the concern that fights over procedural issues can bog down death penalty cases until death row inmates are more likely to die of natural causes then being executed.

But can anyone seriously argue against the proposition that a procedural roadblock to introducing evidence of innocence is not, in itself, a case of cruel and unusual punishment? Killing someone because addressing their probable innocence is to time consuming is not a reasonable argument. We're not living in the 1700s on a ship headed for the East Indies. On the issue of executing an innocent man, there is always time.



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