All You Need to Know to Stop the Execution
All you need to know to stop his execution is summarized right here. In a word, our legal system is totally dysfunctional. It didn’t start with Bush v. Gore, but it is there manifest.
This observation of Troy Davis and his dilemma with our legal system starts now, describing the current dysfunction as it applies to his case, and works backward.
Why do these cases take so long? Would you wait twenty years (20) for emergency surgery? Our court’s timetable suits them and dilatory lawyers; no one else. This problem has a clear remedy, but no one in the legal profession cares. It works for them.
Why are death penalty cases finally decided in the heat of the moment, like emergency surgery? Because the entire legal system is dysfunctional. No rational system should have to rely on decisions two hours before taking a person’s life? Talk about cruel and inhuman punishment.
Federal judges no longer are our best and brightest. The way we pick them has totally broken down at all levels including the initial screening. We are giving lifetime appointments to cronies; losers you would laugh at on the playground. We are supplementing them with magistrate judges who would not even be allowed on the playground.
When you see references to a federal Circuit Court of Appeals judge, you should go down to that person’s courthouse sometime and see them in disjointed action. And, in the meantime, take a stroll around and see how few magisterial courtrooms are even being used. Our federal courthouses are monuments to everything that is wrong, only at a higher level.
Now, let’s get to the heart of the matter. Troy Davis deserves a new trial. How hard is that? This purported ‘rehearing’ before a federal judge or any federal judicial panel is a joke. Ponder, for a moment the clash between being presumed innocent at one moment then having to prove your innocence by clear and convincing evidence at the next ‘go-around’. Here is the scam. No one knows what ‘clear and convincing evidence’ is. It is like trying to distinguish between someone disagreeing and someone strongly disagreeing. There is no computer program that tells a judge when a case hits “clear and convincing”. It is no standard at all. This means the judge can rule by whatever his or her ‘gut’ tells them at the moment. Everyone knows it. That is just what our U.S. Supreme Court did in Bush v. Gore. Then they said it was was a one-time ruling and NOT precedent at all even though that is the only purpose of the U.S. Supreme Court; to tell us finally what the law is. The entire U.S. legal system is broken. Give Troy Davis a new trial at least. And, meanwhile fix the legal system. I have a plan.