Argued before the Supreme Court in 1992 and decided in a contentious 6-3 ruling in 1993, Herrera v. Collins states that anyone who is found legally guilty in a court of law, even if later evidence determines that they are actually innocent, does not have explicit constitutional protection under the 8th amendment's wording on cruel and unusual punishment.
In his spirited dissenting opinion, Justice Blackmum, joined by Justices Stevens and Souter, stated:
"Nothing could be more contrary to contemporary standards of decency or more shocking to the conscience than to execute a person who is actually innocent."
Chastising the majority for its circumspection, Blackmun wrote, "We really are being asked to decide whether the Constitution forbids the execution of a person who has been validly convicted and sentenced, but who, nonetheless, can prove his innocence with newly discovered evidence," and he took note of "the State of Texas' astonishing protestation to the contrary."
What could be more cruel and unusual than executing an actually innocent person?
While it appears that modern thinking about the meaning of "cruel and unusual" is focused on the actual methods of execution, the gentlest method of execution for someone who is actually innocent is the gravest form of injustice and cruelty possible.
With 325 convicted people in America now exonerated of guilt by DNA evidence alone, it's essential that those who are legally found guilty in our country are given every opportunity to prove their actual innocence.once more with that audacity of arrogance, it's obvious that capital punishment does not deter enough criminals to keep it on the table after all criminals don't enter an illegal enterprise and expects to be caught. i do understand over crowding and future cost but wouldn't that be offset if they stop jailing people for long sentences for short non violent crimes after all the penal system is just another money maker for the right wing and stands to be more profitable once they privatize.
the scotus needs to go by virtue of the words, killing an innocent is okay with them. that just trashes this saying,
'It's better that 10 guilty men go free than one innocent man be wrongly convicted'http://www.independent.co.uk/news/uk/home-news/its-better-that-10-guilty-men-go-free-than-one-innocent-man-be-wrongly-convicted-944059.html
"What could be more cruel and unusual than executing an actually innocent person?doing it inspite of knowing they are or could be innocent we see it in movies everyday the over zealous DA and complicit judge. art imitates life or vise versa
http://www.brainyquote.com/quotes/quotes/o/oscarwilde163190.html
