Justice Scalia States It is not Unconstitutional To Execute the Innocent

Troy Anthony Davis spent almost 20 years in prison and was then executed last night – but skepticism as to his guilt became prevalent.  No one can say Mr. Davis definitively was guilty in light of the evidence brought forth, thus cries came around the world to there being ‘Beyond a reasonable doubt.’


Despite the multilateral calls for a stay of execution Troy Davis was executed. Given that the death penalty is normally upheld as a crime deterrent by Republicans it’s not too shocking that a Conservative Justice would weigh in to keep the death penalty intact after last night’s events murder.

Think Progress:

The Supreme Court today invoked a rarely used procedure giving Davis an opportunity to challenge his conviction. Joined by Justice Clarence Thomas in dissent, however, Justice Antonin Scalia criticized his colleagues for thinking that mere innocence is grounds to overturn a conviction:

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent.  Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.


Twisting the Constitution to stating that an execution can be upheld if the man has ‘beyond a reasonable doubt’ to his guilt, is without conscience. The most frightening part of his statement is, “This court has never upheld….” What the court should uphold and is supposed to uphold is there was “beyond a reasonable doubt.” We do not need a more right leaning Supreme Court than we already have. Shift the axis and let’s talk about term limits for the Supremes.


This archaic, Shariah Law-type penalty has not worked in Somalia and will not work in America and that was proven last night.  How confusing for the rest of the world to determine that Republicans are pro-life, pro-death and Christian.

  • Falsifiers

    This is from a 2009 case. Nice yellow journalism.

  • Lamester

    Fuck Justice Scalia.

  • Driverside

    I thought Supreme Court Justices were supposed to be intelligent. Scalia is just another brainless, heartless, conservative.

    • http://FreakOutNation.com Anomaly100

      @Driverside, I never really appreciated Judge Mathis before, but next to Justice Scalia, he’s a friggin’ genius.

  • http://[email protected] Dwight

    Justice Scalia is nuts, if he were the accused he might have a very different opinion.