Catholic Supreme Court Justice Antonin Scalia recently wrote that the matter of executing an 'actually' innocent party is "unresolved." He says:
"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"
He adds,
"Quite to the contrary, we have repeatedly left that question unresolved."
Imposing the death penalty in cases where a party is a guilty of a serious crime is one thing. It is quite another to execute an 'actually' innocent person. And for a Catholic Supreme Court Justice to say the matter has been left "unresolved" - is that not chilling?
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