Re: The Supreme Court
Posted: Mon June 15, 2015 7:43 pm
Given the presence of Glossip v. Gross before the Court, here's a real good article about the death penalty that also trolls Scalia a bit. It makes me more convinced that perhaps the proper way for the Court to strike down capital punishment as unconstitutional is not via the Eighth Amendment, but because due process is deprived if the subject is unable to challenge the conviction due to the problem of being, well, dead.
http://www.newsweek.com/scalias-defense ... ers-342329
http://www.newsweek.com/scalias-defense ... ers-342329
Justice Scalia filed a scathing rebuttal to Blackmun:
Scalia was referring to the case of Henry Lee McCollum, a North Carolina man who was convicted of the brutal rape and murder of Sabrina Buie, age 11, and his half brother Leon Brown, who was convicted as an accessory.Antonin Scalia wrote:Justice Blackmun begins his statement by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern.
The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat.
How enviable a quiet death by lethal injection compared with that!
McCollum and Brown confessed under interrogation and were found guilty by a jury. McCollum was sent to death row; Brown received a life sentence.
If ever there was a case that warranted the death penalty, Scalia argued, this was it.
The only problem is that they didn't do it. In September, a judge ordered them released.
The New York Times reported:
Thirty years after their convictions in the rape and murder of an 11-year-old girl in rural North Carolina, based on confessions that they quickly repudiated and said were coerced, two mentally disabled half brothers were declared innocent and ordered released Tuesday by a judge here.
The case against the men, always weak, fell apart after DNA evidence implicated another man whose possible involvement had been somehow overlooked by the authorities even though he lived only a block from where the victim’s body was found, and he had admitted to committing a similar rape and murder around the same time....