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COLUMN: Troy Davis’ execution proved problems with justice system

 

Late Wednesday night, Troy Davis was executed for the 1989 murder of off-duty policeman Mark MacPhail.

Davis allegedly shot MacPhail when the officer tried to intervene in an assault on a homeless man. He was convicted in 1991 and sentenced to death.

Since then, Davis maintained his innocence and went through several appeals attempting to get his conviction overturned. Seven of the original 34 prosecution witnesses have since changed or recanted their testimonies, many of who said they are no longer confident they properly identified the shooter. Others said police officers coerced them into implicating Davis.

Three witnesses also signed affidavits saying Redd Coles, originally a witness for the prosecution, had confessed to them he killed MacPhail.

In a 2010 court hearing, a district court heard the new evidence, but rejected many of the recantations as not credible, saying, “(W)hile Mr. Davis’s new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors.”

Davis went on to lose several more appeals and was executed this week. Through his appeals, Davis gained the support of various high-profile figures such as former President Jimmy Carter, Reverend Al Sharpton, Pope Benedict XVI, former Presidential candidate Bob Barr and former FBI Director William Sessions.

Davis easily could have been spared the death penalty and remained in jail if the state of Georgia wished to do so. Executing him did nothing for the American legal system other than cast doubt on whether or not justice was served. Ordering a new trial would have done little more harm than cost a small amount of money to retry the case. That is a small price to pay when an innocent life is at stake.

Whether or not Davis was innocent or guilty will probably never be known, but when it comes to carrying out the death penalty, is the mere question of “innocent vs. guilty” really sufficient?

In today’s world of DNA evidence and other sophisticated technologies, it is time to change the standards for when the death penalty is carried out.

However, we must be careful to not allow criminals to game the system and prolong their convictions in clear-cut cases. A good place to start reforms is requiring DNA evidence for the death penalty to be carried out.

Since the reinstatement of the death penalty in 1976, DNA evidence has exonerated over 100 people. That is too many mistakes in our justice system to simply accept the status quo.

It is time to fix the system.

 
 
  • Lou

    What DNA were you hoping to recover from a shooting?

  • Guest

    Totally agree with the author’s sentiments… I feel sorry for Davis … even if he was guilty.. it was not premeditated… Jus his bad luck i guess… he was not as lucky as Casey Anthony I see… probably wrong race, and sex.

    RIP
     

  • Wendel Archer

    WHILE WE WASTE TIME AND MONEY ON THIS WELL SUPPORTED CONVICTION 18 BLACK MEN ARE BEING KILLED DAILY BY OTHER BLACKS!!

  • Logical Chip

    Nathan, he shot an off-duty police officer 22 years ago.  TWENTY TWO YEARS ago.  Please do not parrot the (reverend) Al Sharpton sound bites.  He has never apologized for his part in the Tawana Brawley hoax.  DNA evidence was not routinely collected or cataloged in 1989.  Even this killer’s mother did not believe in his claims of innocence.
    Lawrence Russell Brewer was executed last night by the State of Texas for the dragging death of James Byrd Jr..  He must have pled not guilty, otherwise there would have been no trial, just sentencing.  The prison systems are full of “innocent” victims who claim innocence of any wrongdoing.

  • Michmediaperson

    That would be a good topic for Black History Month.

    Black on black crime.

    Plus, black flash mobs and no tattling.  All would be good topics.

    I thought this was all going to stop when Obama became president but it’s actually getting worse.

    By the way, the Republican Tea Party Conservatives in Texas earlier this week rightfully executed one of the murderers of James Byrd.  You won’t hear any blacks complimenting the conservatives for executing a white supremecist.

  • Ben Steiner Brothers

    You kill people with your terrible posting.

  • Michmediaperson

    The Casey Anthony jury had the IQ of 10.  Like Jay Leno said, “Now we know what happened to the OJ Simpson jury——-they retired to Florida.

    The Davis jury had smart people—7 black and 5 whites.  Intelligent people who in 2 hours gave him the chair. 

  • Zeno

    But Michmediaperson, please look at the facts.  Innocent people and mentally disabled people (e.g. Ricky Ray Rector) have been executed in the past two decades.  The system just doesn’t work.  You need to wake up!

  • Zeno

    Actually, I think most people are disgusted by the death penalty as implemented in the US.  It is unfair; it is biased, and it does execute innocent people.  Okay, so the murderers of James Byrd have now been put to death.  What did that exactly accomplish?  A far worse fate would have been for them to live in misery in prison for life.  Watch “locked up.”  Prison is hell.  Far worse than death.

  • Vexed_populi

    Killing people for killing people is about as logical as killing people.

  • Logical Chip

    Here is your logical solution.  Have the killers live next door to you.

  • Logical Chip

    Remember…they are all “innocent”…at least in their own eyes.

  • Irving Plodmore

    I’ll try again—name any innocent person who has been executed.

  • Anonymous

    Nobody is innocent.

    The better answer is:
    We will never know.
    Which is a pretty good reason not to kill someone in my opinion.
    Human’s make error. a lot.

    We can’t be so certain about anything.

    Also,
    think about this:
    THE FEDERAL AND STATE GOVERNMENTS HAVE THE SELF ASSIGNED AUTHORITY TO DECIDE WHO LIVES AND WHO DIES

    Yeah, that is pretty messed up.
    What is this? Riyadh?