The Supreme Court isn't to blame for Tray Davis [View All]

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His case is a textbook example of why we shouldn't have a death penalty. But that said, we do have one. It is very hard to envision a system where federal appellate courts can become amature Perry Masons without chaos reigning. Cases like Mr. Davis are why we have governor clemency powers and why we have pardon boards. Those, and the original jury for that matter, are who need to be blamed here. I have no clue if he did it or not and that is a huge problem. 7 out of 9 witnesses recanting plus no physical evidence certainly gives just about anyone pause. But what consistent standard should appellate courts apply? Half the witnesses recanting, 2/3 of the witnesses recanting? No physical evidence? Inconsistent physical evidence? My state has done something right here. We have an innocence commission which looks into these cases. We have released a handful of people who have been imprisoned for years for crimes they didn't commit. Can't do that when the person is dead. But to expect the federal judiciary to bail states out in this regard is unfair. It isn't their job.