[HN Gopher] Who is Marcellus Williams: Execution in Missouri des...
       ___________________________________________________________________
        
       Who is Marcellus Williams: Execution in Missouri despite evidence
       of innocence
        
       Author : bjourne
       Score  : 176 points
       Date   : 2024-09-25 12:05 UTC (10 hours ago)
        
 (HTM) web link (innocenceproject.org)
 (TXT) w3m dump (innocenceproject.org)
        
       | rdtsc wrote:
       | > Even the victim's family believes life without parole is the
       | appropriate sentence
       | 
       | That is odd, if there is no evidence that links him to the crime
       | why not argue to let him go? Is that just from a desire to have
       | someone punished, no matter who it is.
        
         | throwaway314155 wrote:
         | Grief is a powerful thing.
        
         | kergonath wrote:
         | Unfortunately the victims or their relatives are not really the
         | best suited to determine the appropriate punishment. These
         | things are too subjective.
        
           | rdtsc wrote:
           | I am assuming there is still some kind of logic behind the
           | statement. How they interpret it for themselves.
        
         | DoughnutHole wrote:
         | Presumably they still think he's (probably) guilty.
         | 
         | Victims and their family's can and often do oppose capital
         | punishment on moral grounds, same as anybody else.
         | 
         | They want him punished but believe that killing him is a moral
         | wrong, or they're more comfortable with the risk that he's
         | innocent if he's in prison with the possibility of being
         | exonerated rather than killed.
        
           | alistairSH wrote:
           | They who? About the only people who wanted the death penalty
           | were politicians up for re-election.
        
         | shusaku wrote:
         | As far as I could find reading about this case, the "evidence
         | of innocence" is very flimsy. But it's a reasonable moral stand
         | by the family to want to stay the execution if they think there
         | is even a slim chance of innocence.
        
           | rob74 wrote:
           | If you read the article, the "evidence of guilt" is equally
           | flimsy. And if we take "innocent until proven guilty"
           | seriously, that means he not only should not have been
           | executed, but should never have gone to jail in the first
           | place...
        
             | sparrish wrote:
             | A jury of his peers thought there was enough evidence to
             | convict him and they did. At that point, he's "guilty until
             | proven innocent".
        
               | formerly_proven wrote:
               | This seems like an exceedingly bad hill to die on. Curtis
               | Flowers was convicted and sentenced to death six times
               | for the same murder by juries of his peers, yet he's a
               | free man today.
        
           | krisoft wrote:
           | > the "evidence of innocence" is very flimsy
           | 
           | "Evidence of innocence" is a very problematic concept. Have
           | you thought through what is your evidence of your innocence?
           | (Not just regarding to this case, but regarding all cases
           | involving dead or missing people.) Should we execute you if
           | you ever come up short?
        
             | DoughnutHole wrote:
             | The problem is there are two different standards of proof
             | at different points of the legal process.
             | 
             | Conviction requires proof beyond a reasonable doubt -- all
             | the onus is on the prosecution to prove that you
             | indisputably committed that crime. In this case unreliable
             | evidence was used without which this standard likely would
             | not have been met.
             | 
             | Once you've been convicted (in this case on shoddy
             | evidence) the onus is on you to offer evidence that you're
             | actually innocent - a reasonable doubt is no longer
             | sufficient, you need to offer strong, new evidence that
             | disproves the already decided "fact" that you committed the
             | crime.
        
               | EForEndeavour wrote:
               | So conviction is a "trap door" of evidence weight? If
               | someone is convicted based on evidence that is later
               | shown to be totally insufficient to support that
               | conviction, this new information does nothing to overturn
               | the conviction?
        
               | soerxpso wrote:
               | Can you elaborate on what you mean by "later shown to be
               | totally insufficient to support that conviction"? The
               | sufficience of evidence doesn't randomly change. If you
               | mean that they were convicted based on evidence that
               | shouldn't have been shown to the jury, you can win an
               | appeal on that.
               | 
               | The standard before your convicted is that the jury must
               | find you guilty beyond a reasonable doubt. The standard
               | after you've been convicted is that you must have found
               | substantial new evidence that warrants reconsidering the
               | verdict, or you must show that the original trial was
               | mishandled somehow. "I think the jury was stupid" is not
               | a valid appeal.
        
               | _DeadFred_ wrote:
               | A lot of rights (like your right to remain silent, your
               | right to a speedy trial, your right to bear arms, your
               | right to vote, your rights to be free from search without
               | reason) have been interpreted only apply up to the point
               | of conviction. So yes, things get MUCH tougher once
               | convicted as many rights no longer apply to you or are
               | stripped from you.
               | 
               | In this case, up until conviction you are presumed
               | innocent and guilt must be proven. Post conviction most
               | of the appeals process is bared if not filed within 14
               | days of conviction (it used to be forever but then the US
               | Justice system decided woohhh there that's too long and
               | burdensome on the Justice system so 14 days was deemed a
               | reasonable change to the previous 'forever'. A totally
               | reasonable happy middle). After 14 days from conviction
               | really the only relief available is to prove actual
               | innocence, a much higher and more difficult standard to
               | meet.
        
           | throw_evidence wrote:
           | Posting as a throwaway for obvious reasons...
           | 
           | "evidence of innocence"...
           | 
           | I was once accused of a financial crime, around taking money
           | from an account. I was, admittedly, guilty, however, the
           | amount claimed was nearly triple the amount that I had taken
           | (there were multiple shenanigans happening).
           | 
           | When my attorney and I said "Actually, we think the amount is
           | $X, not $3X, because x y and z", we had an _extraordinarily
           | difficult_ time with the Prosecutor, who wanted US to justify
           | why we thought the amount was only $X.
           | 
           | Apropos of any plea or deal or whatever, no... the onus is on
           | the Prosecution to verifiably demonstrate the loss. Not for
           | me to justify why I think the amount is different.
           | Ironically, the justification we _did_ provide came from the
           | Prosecution.  "You said the loss was $Z, including $Y in
           | checks which were diverted. Witness statements and other
           | testimony showed that these checks were NOT diverted, by
           | their _own words_. Ergo, the loss is $Z-$Y. "
           | 
           | Prosecutor was still "you need to show me the math for what
           | that equates to". "No, that amounts to incriminating self,
           | and is, bluntly, not my responsibility. You need to assert
           | how you came to the number you are claiming in the charge."
        
           | alistairSH wrote:
           | Our justice system isn't supposed to require evidence of
           | innocence.
        
         | knodi123 wrote:
         | There's plenty of evidence. He confessed to his girlfriend, and
         | a cellmate. He pawned the victim's possessions. He was seen
         | disposing of bloody clothes. He already had 15 felony
         | convictions in addition to offenses related to Ms. Gayle's
         | murder: robbery (2), armed criminal action (2), assault (2),
         | burglary (4), stealing (3), stealing a motor vehicle, and
         | unlawful use of a weapon.
         | 
         | Now, as to whether this evidence is solid enough for a death
         | penalty conviction, that's tougher to say. But there's plenty
         | of evidence.
        
           | JeremyNT wrote:
           | > _There 's plenty of evidence. He confessed to his
           | girlfriend, and a cellmate._
           | 
           | Be careful, this is hearsay and not evidence. Those people
           | _claim_ that he confessed to them, but there is a lot more
           | context. Here is what the linked story says about the  "he
           | confessed" part:
           | 
           | > _The investigation had gone cold until a jail inmate named
           | Henry Cole, a man with a lengthy record, claimed that Mr.
           | Williams confessed to him that he committed the murder while
           | they were both locked up in jail. Cole directed police to
           | Laura Asaro, a woman who had briefly dated Mr. Williams and
           | had an extensive record of her own._
           | 
           | > _Both of these individuals were known fabricators; neither
           | revealed any information that was not either included in
           | media accounts about the case or already known to the police.
           | Their statements were inconsistent with their own prior
           | statements, with each other's accounts, and with the crime
           | scene evidence, and none of the information they provided
           | could be independently verified._
        
             | whamlastxmas wrote:
             | Someone who is incarcerated snitching on someone who's in
             | there with them just screams "give me your cupcake or I'm
             | gonna tell the cops you confessed to me". Williams was also
             | a person who was black and Muslim so prejudice alone could
             | have been a motivation
        
               | kergonath wrote:
               | People say stupid things all the time as well. It's not
               | inconceivable to brag about something that's not true
               | either as an act of defiance or for social reasons such
               | as to get some respect, look important, or to be left
               | alone.
        
               | EasyMark wrote:
               | Right, these types of hearsay are only useful if they can
               | lead investigators to more evidence that is actually
               | supported by a solid source/chain-of-legitimacy. So it
               | can be valuable but probably shouldn't be submersible to
               | court or at least the defense should really be able to
               | lay into and tell the jury it is -highly- suspect.
        
             | knodi123 wrote:
             | > Both of these individuals were known fabricators
             | 
             | Careful- it we're considering their history, then Mr
             | Williams has a history of over a dozen counts of armed
             | violence, burglary, robbery, and assault.
             | 
             | > this is hearsay and not evidence
             | 
             | Conflicting reports say that Asano provided verified
             | information that had not been publicized. And Asano refused
             | a cash reward for relaying the confessions she had heard.
             | Regardless,
             | 
             | https://www.law.cornell.edu/uscode/text/18/3501
             | 
             | > Nothing contained in this section shall bar the admission
             | in evidence of any confession made or given voluntarily by
             | any person _to any other person_ without interrogation by
             | anyone, or at any time at which the person who made or gave
             | such confession was not under arrest or other detention
        
               | atmavatar wrote:
               | I would think the far more compelling detail is the one
               | you overlooked:
               | 
               | > Their statements were inconsistent with their own prior
               | statements, with each other's accounts, and with the
               | crime scene evidence, and none of the information they
               | provided could be independently verified.
               | 
               | Not only were the two known liars, but their accounts
               | could not be verified, and they conflict with each other
               | as well as the existing evidence. That seems enough
               | reason to me to call their testimony into question.
               | 
               | Also, I'm a little curious about your assertion:
               | 
               | > Conflicting reports say that Asano provided verified
               | information that had not been publicized
               | 
               | When TFA specifically included the following:
               | 
               | > neither revealed any information that was not either
               | included in media accounts about the case or already
               | known to the police.
               | 
               | That, coupled with the fact that apparently none of the
               | evidence at the scene was linked to Marcellus Williams
               | makes me wonder how he was ever convicted in the first
               | place. If we can take TFA at its word, the whole thing
               | smells wrong.
        
               | knodi123 wrote:
               | TFA is published by The Innocence Project, which
               | obviously only presents one side of the story.
               | 
               | I was also using a statement from the governor,
               | 
               | https://governor.mo.gov/press-releases/archive/state-
               | carry-o...
               | 
               | who makes some assertions which contradict the innocence
               | project's.
        
               | randallsquared wrote:
               | The quote
               | 
               | > neither revealed any information that was not either
               | included in media accounts about the case or already
               | known to the police.
               | 
               | from The Innocence Project seems carefully worded to
               | imply that they didn't say anything that mattered, while
               | still leaving open that they provided information that
               | the police had, but which had not be publicly released.
        
               | klyrs wrote:
               | > Careful- it we're considering their history, then Mr
               | Williams has a history of over a dozen counts of armed
               | violence, burglary, robbery, and assault.
               | 
               | This is all superfluous to the question of the
               | credibility of the two witnesses. It isn't about being
               | "fair" and treating Williams and the two witnesses the
               | same -- one is on trial, the others are not.
        
             | soerxpso wrote:
             | > Be careful, this is hearsay and not evidence.
             | 
             | You're mistaken. There are many exceptions to the
             | evidentiary rules against hearsay in the US, and one of the
             | more common exceptions is a statement made by the opposing
             | party (i.e. while the prosecution is questioning a witness,
             | a statement made by the defendant to that witness) (Rule
             | 801(d)(2)). It's evidence.
             | 
             | Your issues with the credibility of those witnesses are
             | valid, and the defense had the opportunity to bring those
             | issues up at trial (that's why we have jury trials and why
             | you have a right to defend yourself at your jury trial).
             | They certainly weren't the only pieces of evidence against
             | him (there's _a lot_ ), and I'm sure the jury considered
             | that.
        
             | pcthrowaway wrote:
             | There was also a $10,000 reward for information which
             | easily could have incentivized them to provide false
             | testimony
        
               | knodi123 wrote:
               | According to the governor,
               | 
               | > The girlfriend never requested the reward for
               | information about Ms. Gayle's murder, despite claims that
               | she was only interested in money.
        
             | xboxnolifes wrote:
             | It's not hearsay to go to the witness stand and say the
             | defendant told you something. That defendant is there in
             | court and is able to defend themselves.
        
               | klyrs wrote:
               | That's literally the definition of hearsay.
               | https://en.m.wikipedia.org/wiki/Hearsay
        
               | jkhdigital wrote:
               | ...did you read the link you just posted? If the person
               | whose words are being presented as evidence is _available
               | for cross-examination_ then (legally) it's not hearsay.
               | The defendant in a criminal case is always available, so
               | any statement they make out of court is never hearsay.
        
               | lazy_moderator1 wrote:
               | from the article :)
               | 
               | > if Susan is unavailable for cross-examination, the
               | answer is hearsay
        
             | TZubiri wrote:
             | >Be careful, this is hearsay and not evidence.
             | 
             | I think you are out of your element. To my understanding
             | hearsay refers to a claim made by someone not in court. In
             | this case the girlfriend and jailmate were called as
             | witnesses and gave testimony in court.
             | 
             | Witnesses are evidence and they are one of the oldest forms
             | of evidence, your view that evidence is only material is a
             | gross misunderstanding of trial procedures.
        
           | diogenes_atx wrote:
           | As stated in the article written by the legal scholars at the
           | Innocence Project:
           | 
           | > "There is no reliable evidence proving that Marcellus
           | Williams committed the crime for which he is scheduled to be
           | executed on Sept. 24. The State destroyed or corrupted the
           | evidence that could conclusively prove his innocence and the
           | available DNA and other forensic crime-scene evidence does
           | not match him."
           | 
           | DNA evidence is based on proven science, and the DNA evidence
           | that was not destroyed by the state is _exculpatory_.
        
             | makomk wrote:
             | As far as I can tell, this isn't actually true: "the DNA
             | evidence that was not destroyed by the state is
             | exculpatory". The Innocence Project are being very careful
             | with their wording here. Initially, they relied on trace
             | DNA on the knife that didn't match the accused murderer,
             | but that ended up being from someone in the prosecutor's
             | office handling it _after_ it had been processed for
             | forensic evidence. Then they tried to argue that this
             | showed the state had destroyed evidence which would 've
             | proved his innocence, but the courts didn't buy it because
             | all available evidence suggests the killer's DNA was simply
             | never on the knife. (Which isn't that surprising - DNA
             | evidence isn't perfect and gloves exist.) The other
             | "forensic crime scene evidence" seems to be hothingburgers
             | like a few non-matching hairs in a house that'd had a large
             | number of people going in and out in the recent past.
        
               | rysertio wrote:
               | DNA evidence is where it's hard to get a false negative
               | then false positive.
        
             | CSMastermind wrote:
             | It's sad to me that the Innocence Project, instead of being
             | a neutral third party investigating and then pushing back
             | against wrongful convictions, have just become an all out
             | 'stop the death penalty' advocacy group.
             | 
             | Ultimately I think this undermines their cause and hurts
             | their ability to save truly innocent people.
        
           | aguaviva wrote:
           | _But there 's plenty of evidence._
           | 
           | Perhaps so. I'm not familiar with the details of the case.
           | 
           | But this I do know: prior felony convictions are manifestly
           | _not_ evidence.
           | 
           | Presenting them as such causes me to seriously doubt the
           | broader argument you are trying to make here.
        
             | virissimo wrote:
             | Prior convictions are evidence in the broad sense (because
             | they provide information that could update one's belief
             | about a defendant's character or likelihood of committing a
             | crime), but not legally admissible evidence (in many
             | jurisdictions).
        
           | sam1r wrote:
           | >>> He already had 15 felony convictions in addition to
           | offenses
           | 
           | I wish this would be the top snippet on the comments. After
           | reading this, there is no more left for me to read on this
           | topic.
           | 
           | Thank you.
        
       | olivermuty wrote:
       | It doesn't say in the article, but he was executed last night :(
        
         | yapyap wrote:
         | Thank you, was looking for this info since they did mention the
         | 24th but hadn't said if they really went through with it or
         | not.
         | 
         | Sad shit, just as sad is the fact that it seems like nothing
         | will change.
        
         | SV_BubbleTime wrote:
         | Why the frowny face? He very likely did it.
         | 
         | The question isn't that.
         | 
         | It's "ok, so he likely did it according to the evidence and
         | testimony, but the state doesn't have quite the level evidence
         | to prove it to the degree we should require for the death
         | penalty".
         | 
         | No one serious that is familiar with the facts was talking
         | about letting him out of jail.
        
       | monero-xmr wrote:
       | The prosecutor who wanted to pardon him was not the original
       | prosecutor, but a recent progressive elected one. The original
       | prosecutor still believes he is guilty. Furthermore it is highly
       | suspect that he was caught selling the laptop stolen from her
       | house and the story about how he came into it is implausible.
       | 
       | People who are willing to commit murder are often sociopaths and
       | pathological liars. It isn't surprising he would maintain his
       | innocence for years.
       | 
       | That said we shouldn't execute him, there's enough doubt to make
       | it possible he didn't do it and executing an innocent man is
       | horrendous. And IMO we should eliminate the death penalty anyway.
       | 
       | But regardless, I still find the weight of evidence much stronger
       | in favor of guilt over innocence.
        
         | tokai wrote:
         | >People who are willing to commit murder are often sociopaths
         | and pathological liars
         | 
         | Only 27% of them apparently[0], so even murderers are still
         | more likely to not be a psychopath.
         | 
         | [0]
         | https://www.sciencedirect.com/science/article/pii/S135917891...
        
           | monero-xmr wrote:
           | Murder as part of a burglary or other monetary crime seems
           | more likely to be linked to sociopathy than the entire range
           | of reasons people murder.
        
             | tokai wrote:
             | Thats an opinion. It could easily be argued the other way
             | around. Murders during burglary has a higher chance of have
             | happened accidentally than other kind of murders. Stealing
             | is more likely to happen because of poverty than
             | psychopathy. Its kinda a useless exercise making up
             | arguments uninformed by reality.
        
           | tempfile wrote:
           | Thanks for posting this, the quoted text smelled like
           | something pulled out of... the air.
        
         | kergonath wrote:
         | > Furthermore it is highly suspect that he was caught selling
         | the laptop stolen from her house and the story about how he
         | came into it is implausible.
         | 
         | Things like "the State destroyed or corrupted the evidence that
         | could conclusively prove his innocence and the available DNA
         | and other forensic crime-scene evidence does not match him"
         | should at the very least make everyone pause and reconsider the
         | course of action. I am not familiar with the case so I don't
         | have an opinion on whether he is guilty or not, but this is not
         | a way of running a justice system.
         | 
         | In any case, yes, the death penalty is a barbaric anachronism
         | in a liberal society.
        
           | y-curious wrote:
           | I'm not entrenched in my position, but I would argue that
           | there are cases where the death penalty makes sense. It seems
           | more cruel to lock someone up for the rest of their life with
           | no chance of parole AND denying them the ability to commit
           | suicide. Maybe avoidance of cruelty isn't the point of
           | getting rid of the death penalty, though.
        
             | soneil wrote:
             | I'm against the death penalty - I do believe there's times
             | it makes sense, and I certainly believe there's crimes
             | worthy of it. But I don't trust the state to make this
             | determination with 100% accuracy - and anything less than
             | 100% means we have to make the choice between not giving
             | the death penalty to those who do deserve it, or executing
             | those who don't deserve it.
             | 
             | It's not unusual to hear stories of people being found
             | innocent after decades in prison - and every single time it
             | hammers home to me that they could have been pardoning a
             | grave.
        
             | zigararu wrote:
             | If it were up to me it would be in the constitution that
             | everyone has the right to euthanasia and suicide with no
             | conditions. At first i thought it seems like a completely
             | unrelated issue to the death penalty. After thinking about
             | it more maybe you have a point. Society will likely never
             | get over the taboo of enabling suicide so i suppose it can
             | be seen as a lesser moral evil to kill someone rather than
             | subject them to life imprisonment under suicide watch.
             | Interesting moral questions
        
             | kergonath wrote:
             | > It seems more cruel to lock someone up for the rest of
             | their life with no chance of parole AND denying them the
             | ability to commit suicide.
             | 
             | It does, but at least it is reversible. I think when the
             | worst case (an innocent being killed) is so wrong, it makes
             | sense to design the system to avoid it, even if this has
             | side effects such as making it worse for the actual
             | criminals.
             | 
             | I would support leaving the opportunity to commit suicide
             | in good conditions rather than strangling themselves with
             | their bedsheets, but doing that properly would be tricky.
             | 
             | > Maybe avoidance of cruelty isn't the point of getting rid
             | of the death penalty, though.
             | 
             | That's a tricky one. It is hard to want to avoid cruelty in
             | the case of gruesome murders. Nobody wants to say that they
             | want to make the life of jailed terrorists better.
             | 
             | But among the opponents to the death penalty, I don't think
             | that cruelty is the main point. By keeping them alive, we
             | don't lower ourselves to their level, we leave them an
             | opportunity to become better, and we avoid the moral cost
             | of killing innocents.
             | 
             | Besides, life in prison is as good or bad as we
             | collectively want it to be. There is a spectrum between
             | Swedish jails and a hole in a dungeon.
        
           | nemo44x wrote:
           | This was all considered by the state Supreme Court. Due
           | process was invoked and after numerous reviews at every level
           | no court found anything to retry or reverse the case.
           | 
           | My personal take - of course he was guilty as unrelated
           | people recounted confessions he made to them that included
           | details that were never made public. And the property
           | findings.
           | 
           | Saying that I'm not sure killing people is the greatest
           | thing.
        
             | blcknight wrote:
             | > unrelated people recounted confessions he made to them
             | that included details that were never made public
             | 
             | Do you have a source?
             | 
             | "The case against Mr. Williams turned on the testimony of
             | two unreliable witnesses who were incentivized by promises
             | of leniency in their own pending criminal cases and reward
             | money. The investigation had gone cold until a jail inmate
             | named Henry Cole, a man with a lengthy record, claimed that
             | Mr. Williams confessed to him that he committed the murder
             | while they were both locked up in jail. Cole directed
             | police to Laura Asaro, a woman who had briefly dated Mr.
             | Williams and had an extensive record of her own.
             | 
             | Both of these individuals were known fabricators; neither
             | revealed any information that was not either included in
             | media accounts about the case or already known to the
             | police. "
        
               | nemo44x wrote:
               | Literally the Missouri Supreme Court decision and US
               | Supreme Court decision that supports it.
        
               | kergonath wrote:
               | I get your point and I am not arguing for his innocence,
               | but both courts are highly suspect these days.
        
               | nemo44x wrote:
               | Everything is fallable, sure. But consider this: the guy
               | had millions of dollars of pro bono legal machinery
               | behind him and even still could not produce an argument
               | or counter evidence to support his claim. Our system is
               | amazingly transparent and corruption or outright denial
               | of evidence would be clearly apparent. And it's not
               | there.
               | 
               | The system works almost always but does get it wrong
               | sometimes. I doubt that this was that time. Justice was
               | served.
        
               | sophacles wrote:
               | > and corruption or outright denial of evidence would be
               | clearly apparent
               | 
               | Not really - the legal discovery rules require full
               | disclosure of all evidence, yet you regularly hear about
               | how prosecutors don't disclose evidence. Sometimes the
               | appeals process will grant a new trial, sometimes they
               | overturn, but often the judges will just say "we're not
               | going to bother worrying about the lack of a fair trial".
               | It happens often enough that prosecutors are willing to
               | take the gamble on it, otherwise it wouldn't continue to
               | be a common news story.
        
         | jmclnx wrote:
         | I cannot help but wonder if his race had something do with the
         | outcome :(
         | 
         | The US Supreme Court denied a stay, with 3 liberal justices
         | saying they would have stopped the execution. Thus my comment.
        
           | giarc wrote:
           | I haven't read anything about the Supreme Court's decision,
           | but did they dissent on the grounds that they believed he was
           | innocent, or that capital punishment shouldn't be allowed
           | (and not comment on his guilt)?
        
             | jmclnx wrote:
             | IIRC, they declined to hear the case.
             | 
             | https://www.scotusblog.com/2024/09/supreme-court-allows-
             | marc...
        
             | SpicyLemonZest wrote:
             | Supreme Court justices don't typically explain their
             | reasons for dissenting in emergency applications like this.
             | They can if they choose to, but they didn't here.
        
             | krferriter wrote:
             | The US Supreme Court's decision was that there was not
             | grounds for them to interfere in the case, because the
             | state courts had already provided sufficient due process.
             | They made no official ruling about guilt or capital
             | punishment.
        
         | sofixa wrote:
         | > The prosecutor who wanted to pardon him was not the original
         | prosecutor, but a recent progressive elected one
         | 
         | It's beyond stupid to _elect_ people who are in charge of
         | upholding laws and prosecute crimes. They have to campaign,
         | make their views known, and to get elected, show views which of
         | course aren 't necessarily related to what their job should be
         | about.
         | 
         | Get professionals that are as impartial as possible. They will
         | still have biases, but they won't have to advertise them and be
         | beholden to them in order to get reelection.
        
           | Hasu wrote:
           | If prosecutors are going to be biased either way, I'd prefer
           | a choice in those biases.
        
             | sofixa wrote:
             | I'd prefer them to not have biases, to be criticised when
             | they do, and not to be incentivised (reelection) to proudly
             | show them.
        
         | nyeah wrote:
         | "People who are willing to commit murder are often sociopaths
         | and pathological liars. It isn't surprising he would maintain
         | his innocence for years."
         | 
         | An innocent person would also maintain his innocence for years.
         | With respect, this reminds me of some commentary at the time of
         | the Central Park Five case. "They did it because they're evil."
         | Well, somebody was evil, but we needed to know a little more
         | than "we found these kids and there is evil". In the end that
         | attitude led to a horrifying miscarriage of justice.
         | 
         | Somebody was a murderer, it sounds like we agree on that.
         | 
         | I'm ignorant about the case, but the abundance of physical
         | evidence at the crime scene, none of it pointing to the
         | executed man, seems much more relevant than anything you cited
         | in your comment. Again, I say this with respect. If you care to
         | respond, I hope I'm open to logic and reason.
        
       | dbrans wrote:
       | Marcellus Williams was executed yesterday, Tuesday.
       | https://apnews.com/article/missouri-execution-marcellus-will...
        
         | frontalier wrote:
         | don't you mean murdered?
        
           | knodi123 wrote:
           | an unlawful killing? well that's an uphill battle, but I'll
           | be intrigued to see how far you can get with your claim.
        
           | Palpatineli wrote:
           | No because he was lawfully trialed and convicted. The title
           | article is lying.
        
           | pirate787 wrote:
           | The governor's statement: https://governor.mo.gov/press-
           | releases/archive/state-carry-o...
        
       | spacechild1 wrote:
       | There is no place for the death penalty in a civilized country!
        
         | louwrentius wrote:
         | To me the definition of a 'civilized society' is an absence of
         | the death penalty.
         | 
         | Many people are also very confused about the justice system in
         | America. It isn't about determining the truth. It's about
         | trying to get you convicted, to advance the career of the
         | prosecutor.
         | 
         | In that sense, the 'justice department' is anything but. The
         | 'innocence project[0]' has shown time and time again that truth
         | finding isn't the goal.
         | 
         | In the mean time, study after study shows that the death
         | penalty doesn't deter people from crime and it's much more
         | expensive than long prison sentences.
         | 
         | However, a strong reason not to execute people, is
         | acknowledging that the 'justice system' is made of people who
         | can make mistakes and that we can never be _that_ certain.
         | 
         | Instating the death penalty shows a lack of humility and shows
         | that it's absolutism is mostly for political gain. It scores
         | with more authoritarian inclined voters who like 'simple
         | solutions' and ignore all the complicated context.
         | 
         | [0]: https://innocenceproject.org
        
         | nomilk wrote:
         | <thought experiment> Suppose we lived in a world where it was
         | possible to know someone's guilt or innocence with strictly
         | _100%_ confidence. Curious to know if your views would change?
         | 
         | Note the cost of incarceration is around ~$70k/year; enough to
         | save lives, house people, heal people, feed people etc if put
         | to other uses.
        
           | atoav wrote:
           | You assume that the laws are flawless. They are not. It is
           | hard to un-kill a person if you realize a law was bogus.
           | 
           | The first law I would introduce would be that the death
           | sentance only applies to people who demanded it publically
           | before.
        
           | StockHuman wrote:
           | In such a world (which is, by any means likely ever to be
           | available, impossible), we'd still run against the issue that
           | the state has the authority to kill people. This world would
           | also have to be free of political corruption, and be so
           | politically stable that what constitutes a crime worthy of
           | the death penalty could never change.
        
           | rwmj wrote:
           | If I could fly by flapping my arms, I wouldn't need
           | airplanes.
        
           | aqme28 wrote:
           | What's the point of this analogy? We can't know 100% so it
           | doesn't matter.
        
             | tempfile wrote:
             | The point is to distinguish between an act that is immoral
             | in and of itself and one that is immoral because we aren't
             | sufficiently smart/honorable/efficient. This informs the
             | argument - in the latter case killing could be permissible
             | if only we become more advanced - in the former case it
             | would never be permissible.
        
           | gizajob wrote:
           | If murder is illegal, then it makes no difference if the
           | state does it as punishment for committing murder. You've
           | still sanctioned a murder, admittedly _of_ a murderer. A
           | civilised country accepts this simple logic and doesn't
           | sanction murder under any circumstances.
        
             | nicolas_t wrote:
             | In that case, would a civilised country have a military?
             | Any military operations is state sanctioned killings.
        
             | bbor wrote:
             | I love the moral direction, but this sadly doesn't hold up
             | to philosophical scrutiny. Is it murder to
             | 
             | 1. Kill someone who's about to kill someone?
             | 
             | 2. Kill someone in a defensive war to defend your freedoms?
             | 
             | 3. Kill someone by prioritizing things other than their
             | medical care, eg in hospice?
             | 
             | 4. Kill someone by letting them smoke/drink/overeat?
             | 
             | 5. Kill someone by letting them starve?
             | 
             | If you want to say that no country is civilized yet then
             | hey I'm with ya. Otherwise, it's not quite so simple. The
             | death penalty is a tragic injustice, I agree, but just
             | saying "it's murder" is not a serious engagement with the
             | issue IMO.
        
             | tempfile wrote:
             | No. Murder is not the same as killing, just like not all
             | taking is stealing. Even the most civilised society
             | imaginable admits that killing is sometimes acceptable (in
             | self defense, for example). Killing done by the state is
             | trivially not murder by definition, and less trivially
             | there are justifications you can argue about. But you have
             | to argue about it, your "simple logic" is unfortunately too
             | simple.
        
               | gizajob wrote:
               | You're right that it is too simple, but it's an easy rule
               | of thumb with which to think about and frame the problem.
               | 
               | If it's illegal to kill a human being, then it's illegal.
               | The existence of a death penalty where the state is able
               | to do it in certain cases, as in the main case where
               | someone themselves has broken the rule and murdered, for
               | me, still does not justify any kind of legalistic
               | justification for sanctioning they be killed. While "the
               | state" is this abstract entity formed by all of us, the
               | state has to act through people, who then have to be
               | involved in taking a life. The state's premeditation of
               | the killing of the murderer is even more premeditated and
               | drawn out form of murder. It's easy to be blinded by the
               | language used around this towards what is happening. I
               | believe even further that if the state is allowed to do
               | it, it opens a loophole in thought that could actually
               | cause more murders to happen, because if the state can do
               | it, then maybe I'll do it too...
        
             | Cthulhu_ wrote:
             | This goes much further into philosophy, politics, and
             | legality than I'm comfortable with but there's lawful and
             | unlawful killing, the difference being... well, one is
             | allowed and the other isn't, as per the law (be it national
             | or e.g. international / warfare laws).
             | 
             | I can't even make a statement whether killing is always
             | morally injustifiable or not.
        
             | sparrish wrote:
             | By this logic, holding someone against their will is
             | illegal too. When a state does it, we call it
             | incarceration. Is it wrong for the state to sanction
             | incarcerating someone?
        
           | colinb wrote:
           | Here's another thought experiment. We have ample evidence
           | that the death penalty hasn't made America safe from murder.
           | But we don't know if it has deterrence value for lesser
           | crimes.
           | 
           | I propose death by hanging for repeat littering and speeding
           | near a school. I bet that'd be effective.
        
             | Cthulhu_ wrote:
             | Hanging? Why not shoot on sight, like the second amendment
             | absolutionists/extremists think is the way to go?
        
           | SketchySeaBeast wrote:
           | Even if we had 100% certainty what crimes are 100% worth
           | death? Not even that is simple.
           | 
           | If you want to consider cost, it costs literal millions to
           | execute someone.
        
             | Cthulhu_ wrote:
             | Plus what of the potential profit? The guilty person could
             | be a teenager making a silly mistake who could grow up to
             | become the next Einstein. Insert Bill Gates' mugshot here,
             | who is responsible for hundreds of thousands of jobs and
             | bringing billions into the US / worldwide economy.
             | 
             | But he was guilty and it would probably have been better to
             | execute him because what if he did something else wrong?
        
               | sparrish wrote:
               | They don't give the death penalty to teenagers making
               | 'silly mistake's. It's a sentence not handed out without
               | weighty thought and only to those who knowingly and
               | intentionally take life.
               | 
               | I'm so tired of the "next Einstein" pithy replies. These
               | are adults who have done heinous crimes against innocent
               | people. Justice requires severe consequences.
        
           | spacechild1 wrote:
           | > Curious to know if your views would change?
           | 
           | It wouldn't. There are cases where we do know someone's guilt
           | with 100% confidence, but in my country we still don't
           | execute them.
        
           | Cthulhu_ wrote:
           | Guilt or innocence is irrellevant to the discussion about
           | whether the death penalty is justified though, for several
           | reasons; it's binary thinking (there's a right and a wrong,
           | there's good and bad people); it's dehumanizing (a bad person
           | is forever bad and will forever be a burden to society); it's
           | reductionist (a prisoner unit costs X per year at no benefit
           | to society), etc. I don't know enough philosophy to list
           | everything wrong with this premise.
           | 
           | Think hard about why someone commits a crime. What is their
           | background, their circustances, and what would have prevented
           | it from happenign. Then think about what you think the
           | purpose is of a sentencing? Is it for revenge, revalidation,
           | setting an example, or removing undesireables from society
           | (temporarily, indefinitely, or permanently)?
        
             | SpicyLemonZest wrote:
             | > Think hard about why someone commits a crime. What is
             | their background, their circustances, and what would have
             | prevented it from happenign.
             | 
             | I think that the kind of crimes which lead to a death
             | sentence happen because the perpetrator is a bad person who
             | likes to hurt others. There's no "background" or
             | "circumstances" that would make you break into a woman's
             | house and stab her to death - to do such a thing, you have
             | to either not know or not care that it's wrong.
             | 
             | That doesn't by itself prove that the death penalty is
             | right, or even that people who commit these kind of murders
             | can never be rehabilitated. But it's really disturbing to
             | me how often people whitewash the specific crimes death row
             | inmates are accused of, as though we're all a couple missed
             | paychecks away from randomly murdering people.
        
           | dpkirchner wrote:
           | Suppose we could see everything that happened in the past,
           | perfectly, and see in to the minds of everyone. We could save
           | dollars!
        
         | ctxc wrote:
         | I believe there are heinous crimes that do. Both fitting the
         | crime and as a deterrent.
        
           | bmicraft wrote:
           | > as a deterrent
           | 
           | Do you have any sources supporting the claim that does
           | actually deter anybody?
        
           | tristan957 wrote:
           | The US has more violent crime than other Western countries,
           | so as a deterrent, it does not work. Perhaps instead of
           | wasting money on death penalty appeals and killing innocent
           | people, we should think about how we as a country can
           | overhaul the prison system and our societal structures.
        
             | IncreasePosts wrote:
             | That logic doesn't follow, because it could be the case
             | that America would be even more violent if we didn't
             | execute people. Having said that, I find the deterrence
             | angle suspect. Very few people would consider spending the
             | rest of their life in jail acceptable, but being put to
             | death unacceptable.
        
             | dawnerd wrote:
             | For profit prisons are not helping anything. They have zero
             | interest in rehab and reformation - and unfortunately a lot
             | of people in the states and beyond believe once you're a
             | criminal you're tarnished forever.
        
       | n1b0m wrote:
       | There was another execution in South Carolina on Friday despite
       | new evidence of innocence
       | 
       | https://amp.theguardian.com/us-news/2024/sep/20/south-caroli...
        
         | ruph123 wrote:
         | That case is even worse as it rested fully on the testimony of
         | the other robber, which he made to get a lesser sentence and
         | later rescinded:
         | 
         | > Prosecutors had no forensic evidence connecting Allah to the
         | shooting. Surveillance footage at the store showed two masked
         | men with guns, but they were not identifiable. The state's case
         | rested on testimony from Allah's friend and co-defendant,
         | Steven Golden, who was also charged in the robbery and murder.
         | As their joint trial was beginning, Golden pleaded guilty to
         | murder, armed robbery and criminal conspiracy and agreed to
         | testify against Allah. Golden, who was 18 at the time of the
         | robbery, said Allah shot Graves.
        
       | jmyeet wrote:
       | If you're wondering if the Missouri governor Mike Parson
       | sparingly uses his clemency and pardon power, you'd be mistaken
       | [1]:
       | 
       | > Parson, a former sheriff, has now granted clemency to more than
       | 760 people since 2020 -- more than any Missouri governor since
       | the 1940s
       | 
       | including those who waved guns at BLM protestors [2] and the son
       | of the KC Chiefs coach who caused grave bodiy injuries to someone
       | in a DUI.
       | 
       | Available data shows a pretty clear trend [3]:
       | 
       | > An analysis of available demographic data conducted by the
       | Missouri News Network indicates that almost 90% of those who have
       | been granted clemency by the governor are white.
       | 
       | If you're wondering where the US Supreme Court stands on this,
       | consider this quote from then-Justice Antonin Scalia [4]:
       | 
       | > [t]his court has never held that the Constitution forbids the
       | execution of a convicted defendant who has had a full and fair
       | trial but is later able to convince a habeas court that he is
       | 'actually' innocent.
       | 
       | Also, consider this racial bias demonstrated in the exoneration
       | for those sentence to death [5]:
       | 
       | > Since 1973, at least 189 people wrongly convicted and sentenced
       | to death have been exonerated. 100 of the death row exonerees are
       | Black.
       | 
       | Lastly, even if you want to ignore the immorality of the death
       | setnence, look at it from the lens of cost [6]. Death penalty
       | cases are substantially more expensive to litigate and death row
       | inmates are substantially more expensive to incarcerate. A life-
       | without-parole would be substantially cheaper.
       | 
       | Also, you can release someone from prison wrongly convicted. You
       | cannot bring them back to life and there are multiple cases of
       | people who were executed and later exonerated. Williams is sadly
       | added to that list.
       | 
       | [1]: https://apnews.com/article/kansas-city-chiefs-britt-reid-
       | com...
       | 
       | [2]: https://www.npr.org/2021/08/03/1024446351/missouris-
       | governor...
       | 
       | [3]:
       | https://www.columbiamissourian.com/news/state_news/governors...
       | 
       | [4]: https://deathpenaltyinfo.org/stories/associate-justice-
       | anton...
       | 
       | [5]: https://www.naacpldf.org/our-thinking/death-row-usa/
       | 
       | [6]: https://www.amnestyusa.org/issues/death-penalty/death-
       | penalt...
        
       | jstummbillig wrote:
       | > "The family defines closure as Marcellus being allowed to
       | live," the petition stated. "Marcellus' execution is not
       | necessary."
       | 
       | Imagine we lived in that world.
        
       | BostonFern wrote:
       | From CNN:
       | 
       | "Other evidence that helped convict Williams 'remains intact,'
       | the attorney general said.
       | 
       | 'The victim's personal items were found in Williams's car after
       | the murder. A witness testified that Williams had sold the
       | victim's laptop to him. Williams confessed to his girlfriend and
       | an inmate in the St. Louis City Jail, and William's girlfriend
       | saw him dispose of the bloody clothes worn during the murder,'
       | the attorney general's office said."
       | 
       | https://lite.cnn.com/2024/09/24/us/marcellus-williams-schedu...
        
       | TrackerFF wrote:
       | So it seems that the original case rested on the following:
       | 
       | - Williams GF witness testimony, that Williams confessed to her.
       | 
       | - Jailhouse witness testimony, that Williams had confessed to
       | them.
       | 
       | - That Williams had items (purse, laptop, etc.) in his car, on
       | the day or day after the murder.
       | 
       | But no DNA evidence?
       | 
       | A death penalty seems pretty egregious, when you have that kind
       | of evidence. Seems like there's plenty of reasonable doubt in the
       | picture.
       | 
       | (FWIW, I completely oppose the death penalty - on the grounds
       | that innocent people have been executed. One is one too many)
        
         | voisin wrote:
         | The argument is that the girlfriend and jailhouse snitch both
         | were looking to get the $10k reward money for his conviction.
         | And that's the only way the third point (had the items in the
         | car) was known (from the girlfriend).
        
           | SpicyLemonZest wrote:
           | No, they knew the items were in the car because they searched
           | his car and found the items. He has not, as far as I know,
           | offered any alternative explanation of how he came into
           | possession of a murder victim's random personal items.
        
             | EasyMark wrote:
             | This is exactly what I would focus on as a juror. How did
             | he come by the items, surely if someone sold them to him he
             | would say immediately who that was or offer some other way
             | of getting it other than "I murdered her"
        
         | slibhb wrote:
         | That seems like pretty strong evidence to me!
        
           | maximinus_thrax wrote:
           | For a civil case, probably. But for a criminal case, the
           | threshold is 'beyond reasonable doubt'. Plenty of reasonable
           | doubt in there.
        
             | ImJamal wrote:
             | How is there doubt unless he could provide an explanation
             | of how he had the victim's property? Items don't just
             | magically appear in your possession.
        
               | maximinus_thrax wrote:
               | He doesn't need to provide any explanation for anything.
               | The burden of proof is on the government. Possession of
               | property is not proof of murder. It is circumstantial
               | evidence. He might have come across the property, he
               | might have stolen the property, etc.. Do you understand
               | what reasonable doubt is? Did you serve on a jury?
        
               | alistairSH wrote:
               | That's not the way our justice system is supposed to
               | work. We don't require proof of innocence. We require (or
               | are supposed to require) proof beyond a reasonable doubt
               | of guilt.
               | 
               | Possessing stolen goods should not proof beyond a
               | reasonable doubt of murder.
        
           | sparrish wrote:
           | I agree. In possession of the stolen items and 2 witnesses
           | that he confessed to the robbery and murder would be enough
           | for me as a juror. Apparently it was enough for the 12 jurors
           | on his trial as well. Lawfully convicted and sentenced.
        
             | kelthuzad wrote:
             | Sentencing a man to death when there is reasonable doubt of
             | his guilt is a miscarriage of justice.
             | 
             | "A crime scene covered with forensic evidence contained no
             | link to Mr. Williams. Mr. Williams has been seeking to
             | prove his innocence throughout the 23 years he has spent on
             | Missouri's death row. On August 11, 1998, Felicia Gayle, a
             | former reporter for the St. Louis Post-Dispatch, was found
             | stabbed to death in her home. The perpetrator left behind
             | considerable forensic evidence, including fingerprints,
             | footprints, hair, and trace DNA on the murder weapon, a
             | knife from Ms. Gayle's kitchen. _None_ of this forensic
             | evidence matches Mr. Williams."
             | 
             | https://innocenceproject.org/who-is-marcellus-williams-
             | man-f...
        
               | slibhb wrote:
               | It's pure speculation that the partial DNA profile
               | recovered years after the murder came from the murderer.
               | 
               | The police recovered the murdered woman's property from
               | his car. How did it get there? Either it was an elaborate
               | frame-up or a career criminal murdered a woman and stole
               | her property.
               | 
               | You (and The Innocence Project) apparently think that DNA
               | must be found at the crime scene in order to convict. But
               | is it the case that DNA will always be found? I doubt it.
               | To me, the detailed testimony of Williams' girlfriend
               | combined with the dead woman's property in his car puts
               | Williams' guilt beyond a reasonable doubt. I'm
               | disappointed in The Innocence Project -- seems like a lot
               | of spin in that link.
        
           | makeitdouble wrote:
           | It seems strong enough to keep someone in jail, potentially
           | forever.
           | 
           | Executing him requires there's absolutely no room for a
           | reversal, and from that point of view the evidence isn't that
           | strong.
        
           | nemothekid wrote:
           | It's unfortunate that a lot of the messaging has shifted to
           | he's innocent, where I believe the right message (and far
           | less viral message), is the government has not shown enough
           | evidence beyond a reasonable doubt that the death penalty is
           | warranted. I don't believe in the death penalty because I
           | don't think the state should have the authority to execute
           | citizens and even moreso when a very high bar of culpability
           | hasn't been reached.
           | 
           | In this quest for vengeance I think people forget these rules
           | are in place for the State to not abuse it's powers. I'm not
           | against the death penalty because I'm a hippy vegan. I'm
           | against it because I don't think it's a power the state
           | should be able to wield.
        
             | slibhb wrote:
             | > I believe the right message (and far less viral message),
             | is the government has not shown enough evidence beyond a
             | reasonable doubt that the death penalty is warranted.
             | 
             | The jury makes that determination after being locked in a
             | room and forced to hear both sides and all the evidence.
             | How much of the evidence are you aware of? What The
             | Innocence Project posted?
             | 
             | This thread is full of people who are anti-death penalty
             | who don't think some guy should be executed. That's hardly
             | a surprise, but it has nothing to do with the evidence
             | presented by the state.
        
       | Eumenes wrote:
       | I'm more annoyed that it took 25+ years to finish the job. How
       | about fast and speedy trials? The dude murdered a poor woman in
       | 1998 and the useless government paid for his
       | food/healthcare/lodging for almost an entire working class
       | persons career. We need to study Roman efficiency:
       | https://en.wikipedia.org/wiki/Proscription
        
         | kergonath wrote:
         | I am... not sure that the successive versions of the ancient
         | Roman society are a thing to emulate. Though I can see how a
         | society in a state of constant warfare for centuries and
         | utterly dominated by an oligarchy completely divorced from
         | reality could be appealing to some. Do you support political
         | oponents being eaten by lions as well?
        
           | Eumenes wrote:
           | > Do you support political oponents being eaten by lions as
           | well?
           | 
           | No, leave the lions alone. What the Romans did to animals for
           | entertainment was very cruel. And also expensive.
        
       | game_the0ry wrote:
       | Does anyone find it deeply disturbing that the justice system
       | will just sit on its own hands when presented with new evidence?
       | It seems like prosecutors are more interested in maintaining a hi
       | conviction rate rather than seeking justice. Judges seem totally
       | apathetic.
        
         | knodi123 wrote:
         | > when presented with new evidence?
         | 
         | They weren't, for the record.
        
         | DoughnutHole wrote:
         | In this case the prosecutor actively pushed against the
         | execution, arguing that his guilt was no longer beyond a
         | reasonable doubt.
         | 
         | The blame for this lies squarely on the Missouri Supreme Court
         | and Gov. Parson (who has never once granted clemency in a
         | capital case).
        
           | EasyMark wrote:
           | As well as the US Supreme Court
        
             | 01HNNWZ0MV43FF wrote:
             | For which the blame lays on former President Trump, who
             | appointed 3 right-wing Justices. (And a little blame on RBG
             | for not retiring under Obama)
             | 
             | If I remember right, all Justices appointed by Democrat
             | Presidents wanted to postpone execution.
             | 
             | For which the blame lays in turn on the electoral college
             | and voters:
             | 
             | - "I don't like Hilary"
             | 
             | - "Both sides are bad"
             | 
             | - "I live in a swing state but don't feel like voting"
             | 
             | - "None of this affects me so why bother voting"
             | 
             | I'm on a bit of a tangent, but we lost Roe v. Wade because
             | of Trump.
             | 
             | https://www.vote.org/
        
               | giraffe_lady wrote:
               | Democrats had cumulative decades of opportunity to
               | instate abortion access in national law and declined to
               | ever do so. All of the things you're pointing out are
               | true but downstream of that.
        
               | snapcaster wrote:
               | No, we lost Roe v. Wade because the democrat party is so
               | useless at representing our interests they failed to ever
               | pass any law granting the right to abortion. Republicans
               | didn't sit on their hands complacently for 40 years like
               | democrats they followed a systematic approach to
               | overturning it. Meanwhile the democrats did nothing
               | except ask me for more money and continue to take L after
               | L
        
               | JohnMakin wrote:
               | > Meanwhile the democrats did nothing except ask me for
               | more money and continue to take L after L
               | 
               | I agree with you, except to me it's far more insidious -
               | they used the _threat_ of things like roe v wade being
               | overturned and reproductive rights being taken away to
               | drive donations and voter turnout, thus incentivizing
               | themselves to never actually deal with that looming
               | problem.
        
               | snapcaster wrote:
               | Good point! I'm just so frustrated by it because while I
               | don't agree with their positions on basically anything,
               | the republican party appears to do a good job furthering
               | the interests of their voters. I know they're less
               | diverse etc. etc. but it just sucks to see
        
               | michaelmrose wrote:
               | The filibuster makes this basically impossible to do
               | without some degree of Republican support. Overturning
               | the filibuster is problematic because Democrats either
               | haven't had the votes to do so or it would have required
               | the votes of moderates who want to use it for cover. The
               | senate is so constructed that the senators voting can
               | represent 2/3 of the population and not even have 50% of
               | the votes in the senate.
               | 
               | In the last 24 years the Democrats have had more than a
               | bare majority in both house and senate while holding the
               | presidency exactly 2 years between 2009-2011. The
               | backlash for daring to do anything at all not lost them
               | both and they haven't had this since.
        
               | rendang wrote:
               | Is there any good-faith argument that the text of the US
               | Constitution requires a right to have an abortion? Was
               | there any legal scholar alive before say, 1930, who
               | argued that abortion restrictions were unconstitutional?
        
         | trod123 wrote:
         | Yes very disturbing, but not unexpected.This is the
         | foundational nature of government, and why citizen's don't
         | generally want big government.
         | 
         | Government jobs inherently suffer from a number of structural
         | issues. Both organizationally, as well as psychologically.
         | Without a loss function, such as is required in business (where
         | people get fired for lack of production and revenue dictates
         | hiring), psychology changes in forever jobs.
         | 
         | Social coercion and corruption occur commonly, and this grows
         | with time trending towards negative production value and other
         | forms of corruption. The nail that sticks out gets hammered
         | down, best describes the former. Anyone doing too much work is
         | making everyone else look bad and they need to be harassed and
         | punished until they fall into line.
         | 
         | The way the interlocking centralized systems operate, anyone
         | working in any position backed by government would be
         | incentivized to meet a classical definition of evil just to do
         | their job, and the psychology tests often done select for
         | complementary characteristics towards that.
         | 
         | Sure they manage to catch some real bad guys occasionally, and
         | there are rare people who take their job seriously; don't fall
         | to corruption and stay on the straight and narrow; but these
         | are the exceptions, and the ends don't justify the means when
         | the person is innocent.
         | 
         | The mechanics of just doing their job would almost certainly
         | enable many acts of evil to be performed by them without them
         | ever knowing, and information control makes them blind to it.
         | They chose the job and that is part of the job so they
         | willfully blinded themselves.
         | 
         | This presents both ethical and moral paradoxes, with little
         | penalty when they get it wrong after a certain point. Mistakes
         | happen as everyone is fundamentally flawed (and not perfect),
         | but when those mistakes aren't fixed because of structural
         | issues; they become as they were incentivized to be; and the
         | dead cannot be brought back to life.
         | 
         | By Definition, Evil acts are destructive acts, Evil people are
         | those who have willfully blinded themselves to the consequences
         | of their evil acts (often through repeated acts of self-
         | violation, such as falsely justifying the unjustifiable, and
         | bearing false witness (storytelling a narrative when the
         | evidence doesn't support it), etc.
         | 
         | Regarding judges seeming apathetic, it is almost impossible to
         | remove judges in most cases. Only judges can judge other
         | judges, and there is a inherent old boys club. Only rarely for
         | egregious misconduct do removals happen because if a judge is
         | removed, all cases they presided over need to potentially be
         | reviewed.
         | 
         | There is incentive to never remove judges due to cost of
         | mistakes, and for a similar reason judges rarely favor appeals
         | because they would be overturning previous judges rulings.
         | 
         | Needless to say, when innocent people are killed because judges
         | didn't do their job, and they remain blind to that consequence
         | with no resistance towards repeating it, they'll be in for one
         | 'hell' of a surprise when they pass and find no pearly white
         | gates waiting for them.
         | 
         | Most truly evil people believe they are good.
         | 
         | This drives home the importance of choosing your profession
         | carefully and wisely because you spend the most time at it, and
         | it changes you for good or worse.
        
       | anonzzzies wrote:
       | Still not sure with so many of the (esp right leaning) in the US
       | claiming to be christian, can also accept this as a punishment.
       | But I get nonsense begets more nonsense.
        
         | jzackpete wrote:
         | What does being Christian have to do with punishing convicted
         | murderers
        
           | anonzzzies wrote:
           | That according to that fairytale thou shalt not kill, so if
           | you believe that, how are you in favour of killing people?
           | That is a task only for the lord, not for us humans.
           | 
           | Not to mention often times convicted but actually innocent
           | criminals, which must mean straight to hell (although murder
           | of guilty also is straight to hell).
        
             | jzackpete wrote:
             | I'm an atheist, so I wouldn't consider myself an expert on
             | their beliefs, but you don't appear to be either:
             | https://en.wikipedia.org/wiki/Thou_shalt_not_kill
        
               | anonzzzies wrote:
               | I guess it's a matter of interpretation; I am also an
               | atheist but was raised a protestant (we had to memorise
               | and read in front of the class selected parts from the
               | bible every day) and our flavour (which might be
               | different from even others in the same branch) definitely
               | has no tolerance for justified killing except by the
               | lord. I know some religions have tolerance for justified
               | killing as you pointed out, just that's not what ours
               | told us.
               | 
               | But point taken and people do and read into things
               | whatever fits them.
        
               | mrangle wrote:
               | Biblical / religious semantics are most often layered
               | with meaning, either via allegory or, in this case, lost
               | in translation in terms of explicit definition. Which has
               | multiple effects. It protects religious meaning from
               | political pressure and corruption due to constant atheist
               | and otherwise hostile commentary on a belief system that
               | isn't theirs and that they don't understand. Therefore
               | allowing it to survive. It causes manipulators and false
               | teachers to stand out. In this case, the commandment is
               | actually not to murder. Legal killing of the guilty, and
               | in self defense for example, is not murder. Just as it
               | isn't in the secular legal system. Therefore, there is no
               | actual conflict. The same type of nuance is applied to
               | "neighbor", but also the more constrained meaning of that
               | term is not hidden in the Bible whatsoever. In spite of
               | what people have claimed throughout history due to
               | inherited misinformation or to effect agendas.
        
           | kergonath wrote:
           | Being Christian is about forgiving and loving your
           | neighbours, isn't it?
        
             | edm0nd wrote:
             | I dont think so really. The Crusades would have never
             | happened if that were true.
        
               | pirate787 wrote:
               | The Crusades were a valid strategic response to the rise
               | of Islam and the Islamic conquest of Byzantium and the
               | Christian middle east.
        
               | ImJamal wrote:
               | The crusades (at least the earlir ones) were primarily
               | about protecting Christians who were being attacked and
               | having their land taken by Muslims.
        
             | swat535 wrote:
             | Yes however in Christian theology it's both forgiveness
             | _and_ repentance (which requires a penance), thus it
             | doesn't mean you are free of consequences just because you
             | have been forgiven.
             | 
             | Additionally, loving your neighbour means calling on God's
             | mercy which is willing the Good of the other (the
             | definition of "what is good?" is answered differently in
             | Christianity).
             | 
             | Finally, not everyone is your neighbour (Jesus also
             | acknowledged his enemies in Luke 19:27).
        
               | giraffe_lady wrote:
               | "Your enemies are still your neighbors" is entirely
               | consistent with those statements and in fact was how it
               | was understood by the consensus mainstream of
               | christianity until very recently, and is still how it is
               | understood in most variants other than american
               | protestantism.
        
             | subsaharancoder wrote:
             | I love my children and I forgive them when they do wrong,
             | but there's always consequences for actions.
        
               | tristan957 wrote:
               | Nobody here is saying there shouldn't be consequences.
               | Instead we are saying that every single person should
               | have the right to seek forgiveness from their creator(s).
               | If you execute someone before they have have made things
               | right (or not), you are playing the role of God.
        
               | subsaharancoder wrote:
               | Everyone does have the right to seek forgiveness from
               | God, and He does forgive "If we confess our sins, he is
               | faithful and just to forgive us our sins and to cleanse
               | us from all unrighteousness"
               | https://nasb.literalword.com/?q=1+John+1%3A9, but in the
               | same breath human beings are subject to government and
               | the rules that go with it because God has given that
               | authority "Every person is to be in subjection to the
               | governing authorities. For there is no authority except
               | from God, and those which exist are established by God."
               | https://nasb.literalword.com/?q=Romans+13%3A1 If one
               | willingly takes the life of an innocent human being with
               | full knowledge that by that action they forfeit the right
               | to live then it's a fitting consequence.
               | 
               | "Whoever sheds man's blood, By man his blood shall be
               | shed,For in the image of God He made man."
               | https://nasb.literalword.com/?q=Genesis+9%3A6
        
             | zemo wrote:
             | Christian is an umbrella term that describes many differing
             | sets of beliefs. This is an oversimplification but
             | Protestants for example believe in Sola Fide, the believe
             | that salvation comes from faith alone
             | (https://en.wikipedia.org/wiki/Sola_fide), whereas
             | Catholics believe that salvation requires "good works", the
             | sort of thing you're likely thinking of. So ... different
             | groups hold differing sets of beliefs with regards to what
             | loving your neighbor means and what is expected behavior.
             | This is a huge oversimplification, the "Salvation in
             | Christianity"
             | (https://en.wikipedia.org/wiki/Salvation_in_Christianity)
             | and "Good Works" (https://en.wikipedia.org/wiki/Good_works)
             | pages can help orient (or disorient) you.
        
             | IncreasePosts wrote:
             | Why did Jesus go into the temple and blow their shit up?
             | Shouldn't he have forgiven the money changers and dove
             | sellers?
        
             | HarHarVeryFunny wrote:
             | Lot's of people calling themselves Christian support Trump.
             | 
             | I don't think you can deduce much about someone's character
             | just because they go to church or call themselves
             | religious.
        
           | sophacles wrote:
           | There was that time Jesus stepped in an prevented a
           | completely legal death sentence from being carried out.
        
           | drewrv wrote:
           | Because their prophet was murdered by the state. It seems
           | weird that a religion would be pro-execution when their
           | founding was, in part, "innocent man was executed".
           | 
           | I'm sure believers have jumped through the hoops required to
           | justify it but from the outside, one would expect a country
           | that is majority christian to oppose executions.
        
         | giraffe_lady wrote:
         | A large part of the organized activism _against_ the death
         | penalty is also run by christians, especially catholics and
         | orthodox who are a lot more consistent on this.
         | 
         | It's not the christianity per se that makes them bloodthirsty.
         | Contemporary american evangelical christianity is a novel
         | social-political-religious movement and in some theologically
         | significant ways has broken with near-universal christian
         | tradition. Trying to understand it purely as a religion is too
         | incomplete.
        
           | o11c wrote:
           | As a serious Christian and a dabbling linguist, I really hate
           | that they've ruined a word meaning "gospel" (the English
           | calque).
           | 
           | We really should call them "dysangelical" when they bring
           | death like this (as opposed to _warning_ of death, which is
           | in scope of euangel when there 's also a way to avoid it).
        
         | spacechild1 wrote:
         | Also, it's often the same people who claim to be "pro life".
        
           | ImJamal wrote:
           | It is pro innconcent life, not pro murderer life? Pro life
           | and pro choice are just marketing terms. People who are pro-
           | choice aren't pro not wearing a seat belt (well some may be,
           | but it has nothing to do with the topic). It has to do with
           | abortion and only abortion.
        
       | kkfx wrote:
       | To my European eye I'm curious why those who have ordered and
       | those who have executed the wrongfully convicted prisoner,
       | despite the evidence, are not arrested for aggravated murder...
       | It's simple: they have choose, they are responsible for an
       | homicide PERIOD.
        
       | diogenes_atx wrote:
       | Since capital punishment was reinstated in 1976 in the USA, many
       | innocent Americans have been executed by the state. There is a
       | considerable literature of scholarly research documenting this
       | issue. For those interested in learning more, I highly recommend
       | the following books:
       | 
       | Justin Brooks (2023) _You Might Go to Prison Even Though You 're
       | Innocent_, University of California Press
       | 
       | https://www.amazon.com/Might-Prison-Though-Youre-Innocent/dp...
       | 
       | Brandon Garrett (2011) _Convicting the Innocent: Where Criminal
       | Prosecutions Go Wrong_ , Harvard University Press
       | 
       | https://www.amazon.com/Convicting-Innocent-Where-Criminal-Pr...
       | 
       | Mark Godsey (2017) _Blind Injustice: A Former Prosecutor Exposes
       | Psychology and Politics of Wrongful Convictions_ , University of
       | California Press
       | 
       | https://www.amazon.com/Blind-Injustice-Prosecutor-Psychology...
        
       | mykowebhn wrote:
       | Why is this submission not on the front page if it has so many
       | upvotes in the past hour, and the number of upvotes exceeds the
       | number of comments?
        
         | kergonath wrote:
         | Probably too many comments. Too much activity compared to the
         | number of votes is interpreted as a sign of flame wars and
         | heated and unproductive discussions, and sink stories. This
         | kind of topics don't stay on the front page for long, usually.
        
       | shadowtree wrote:
       | The hard, uncomfortable truth being of course that if society
       | executed anyone committing violent crimes, the crime rate would
       | massively go down.
       | 
       | A tiny fraction of people commit most crimes.
       | 
       | Prevention, rehabilitation are nice thoughts, that's all. But
       | that feeling of guilt and being potentially seen as a bad person,
       | prevents liberal societies dealing with crime (SF as ground zero
       | for this)
       | 
       | Math example 1: https://www.sundayworld.com/crime/irish-
       | crime/decrease-in-le...
       | 
       | Math example 2: https://nypost.com/2024/03/05/opinion/how-bail-
       | reform-drove-...
        
         | moomin wrote:
         | Yes, if you make it legal to commit crimes like murder, the
         | murder rate will hugely go down.
        
       | nevercomingback wrote:
       | I made this acount soley to say I'm never revisting this site due
       | to the comments here. Is everyon here a deluded bleeding heart
       | liberal? This guy is guilty as sin.
        
       | CollinEMac wrote:
       | Update: it's too late...
       | 
       | > Marcellus Williams, whose murder conviction was questioned by a
       | prosecutor, died by lethal injection Tuesday evening in Missouri
       | after the US Supreme Court denied a stay.
       | 
       | > The 55-year-old was put to death around 6 p.m. CT at the state
       | prison in Bonne Terre.
       | 
       | https://www.cnn.com/2024/09/24/us/marcellus-williams-schedul...
        
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