woensdag 22 oktober 2008

The appeal of Troy Davis (by Bieke Demeester)

On October 14, the appeal of Troy Davis was denied by the Supreme Court, which is the highest court in the United States of America, and the state of Georgia.

Troy Davis was convicted and sentenced to death for the killing of the police officer Mark MacPhail in Georgia. He claims he’s innocent and he wanted to show recently discovered evidence in a new trial or hearing. The Supreme Court granted him stay of execution on September 23, while they were considering his appeal, just hours before he was scheduled to be killed by an injection. Now the appeal is rejected, he will be executed on October, 27.

His arguments were new evidence and the fact that 7 of the 9 witnesses recanted their testimony and even new witnesses identified another person as the shooter. The Supreme Court agreed with the prosecutors, who said the new evidence was inadmissible in court.

First of all, I think there must be an opportunity to examine the new evidence, because according to me, that’s part of a fair trial! They certainly must avoid the possibility that they sent an innocent person to death. So if there is new evidence, at least, they must have listened to it, to see what kind of interest it had to take it, if necessary, in a new trial. What I mean is that I am, just like the lawyers of Davis, a supporter of the right not to be executed, especially when substantial new evidence of innocence has been discovered. In the USA, this didn’t became a real right yet.
Secondly, I saw Amnesty International incites everyone to take action; to send a letter to the State Board of Pardons and Paroles of Georgia, which can reprieve Troy Davis. This is his last hope.

Source:
VICINI, J., Court Rejects Georgia death row inmate’s appeal. Internet. Reuters, 14 October 2008.
(http://www.reuters.com/article/domesticNews/idUSTRE49D5TQ20081014?sp=true)

1 opmerking:

Team 8 zei

Reaction by Ben Van Laere:

I completely agree with what Bieke said. A fair trial is an essential right. Certainly when a person is convicted to death. The Supreme Court has to listen ones again to Troy Davis. Otherwise they risk killing an innocent man.

You can’t condemn a person whose liability is not proven for the full 100%. Certainly not to death penalty. Personally I think you can never convict a man to death. My opinion is that no living person can decide whether a person may live or not. Abolition of the death penalty is something America has to think of.