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What, If He's Innocent We Can't Execute Him?


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What, If He's Innocent We Can't Execute Him?

Abby Zimet

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After 18 years on Death Row, Troy Davis willfinally get a chance to prove his innocence in a killingafter the Supreme Court took the rare step of orderinga federal court in Georgia to re-consider his case. Astonishingly,in a dissent, Justice Antonin Scalia arguedthat "actual innocence" is no reason not to execute someone – making us happier than ever to welcome Sonia Sotomayor to the court.

"This Court has never held that the Constitution forbids theexecution of a convicted defendant who has had a full and fair trialbut is later able to convince a habeas court that he is 'actually'innocent."