4 years after an execution ,different DNA is found on murder weapon (user search)
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  4 years after an execution ,different DNA is found on murder weapon (search mode)
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Author Topic: 4 years after an execution ,different DNA is found on murder weapon  (Read 1357 times)
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Harry
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« on: May 07, 2021, 06:29:03 PM »

Here's a perfect example of a point I've raised before. Arkansas will not abolish the death penalty in its entirety - that's a non-starter and will be for a while. But even they could probably pass a requirement that guilt be determined to be an absolute certainty (by qualified experts, not a jury) - not merely beyond a reasonable doubt.
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7,052,770
Harry
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« Reply #1 on: May 07, 2021, 08:24:55 PM »

Here's a perfect example of a point I've raised before. Arkansas will not abolish the death penalty in its entirety - that's a non-starter and will be for a while. But even they could probably pass a requirement that guilt be determined to be an absolute certainty (by qualified experts, not a jury) - not merely beyond a reasonable doubt.
No they couldn't. Current court precedent is that only a jury may sentence someone to death, a judge may not although a judge can impose any other sentence and trial by a non-jury is flat out unconstitutional (unless the defendant has waived their right to it and requested a "bench trial" with the determination to be made by a judge.)

Although in theory they could require that any such "qualified expert" panel approve any death sentences made by a jury and could nullify them.

Yeah, having an expert panel review death penalty convictions as part of the appeals process would be good.

If it's not conclusively proven beyond a shadow of a doubt, they've got to commute the sentence. There are plenty of cases where the person is indisputably guilty (Boston Marathon bomber for example), but this case clearly wouldn't meet that threshold.
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7,052,770
Harry
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« Reply #2 on: May 07, 2021, 08:25:49 PM »

Add another one to the bucket of words that aged poorly: ""The governor knows the right thing was done tonight," said J.R. Davis, a spokesman for Arkansas Governor Asa Hutchinson, who scheduled the multiple executions. "Justice was carried out.""

He’s still standing by it, apparently. The jury did their best blah blah blah.

Of course because on top of all the ridiculous things about of the Death Penalty, key decision makers are elected officials with no real oversight. So people who wants to win elections, save face, appear tough on crime will ignore evidence undermining guilt convictions or even worse refuse to explore evidence that totally proves innocence.

Ironically, cases like this make the Arkansas legal system weak on crime, since an actual murderer may have gotten away with it.
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7,052,770
Harry
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Posts: 35,611
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« Reply #3 on: May 10, 2021, 01:54:35 PM »

Here's a perfect example of a point I've raised before. Arkansas will not abolish the death penalty in its entirety - that's a non-starter and will be for a while. But even they could probably pass a requirement that guilt be determined to be an absolute certainty (by qualified experts, not a jury) - not merely beyond a reasonable doubt.

Having criminal punishments doled out by a panel of "experts" defies the very logic of the right to a jury trial in the first place.

In a perfect world, we would abolish jury trials altogether in favor of expert panels who know what they're talking about and aren't as swayable by vapid-but-flashy arguments.

Since that's not happening, the next best thing would be for an expert panel to confirm a jury death sentence as part of the appeals process, as I stated earlier in the thread.
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7,052,770
Harry
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Posts: 35,611
Ukraine


« Reply #4 on: May 10, 2021, 02:36:53 PM »

Yeah, the idea of "expert" panels replacing juries in criminal trials is terrifying.

That Harry can simultaneously believe this while being one of the Forum's biggest HR1/D.C. statehood cheerleaders shows that his sanctimonious appeals to "democracy" and "representation" are total BS.  To him (and most other Obama drone technocrats) it's all about maximizing political power to screw over their preferred "wrong" type of people.

Fail.
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