What killed Justice Scalia
There is not "a single case - not one - in which it is clear that a person was executed for a crime he did not commit".
There is no case where a prisoner has been executed where it is clear that the prisoner was not a communist.
The full quote makes more sense as it qualifies Justice Scalia's claim. Yet the error that puts the question in the first place is naive. Are there any cases where a man has been executed and later cleared of charges?
Hundreds, if not thousands, of course. Some of them are pretty famous:
Even in Scalia's group of people previously convicted by DNA evidence, operational errors are suspected in his reasoning.
You cannot claim that a lack of evidence is evidence of a lack; That's exactly what he says. How much diligence does someone work to confirm convictions of men who have already been executed? Are their investigations reasonable or are the barriers to success like uncooperative district attorneys or biased judges hindering the gathering of "clear" evidence?
I think you are sure to reject his quote as a whole, and particularly circumscribed as the biased remarks of a man with an agenda.
Strange thinking ♦
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