Quote:
Originally Posted by GGG
So you do not care what happens to someone like David Milgard once legally convicted? The fact that we regularly convict innocent people should not be considered at all in determining the constitutionality of a punishment?
That seems cruel, essentially you are saying I know the system will screw up but I don't care about the outcome for the people the system screws over.
|
What are you talking about?
I said innocence should have no bearing on the sentence. They are already convicted and found guilty. If there's the potential that they are innocent, I really don't think they should have been found guilty (duh) but that's a fault on the trial not the sentencing. You can't base sentencing on the possibility of them being innocent because that screws with the whole system.
And if you are basing it on them being innocent, 75 years or 25, does it really matter? Any time locked up is cruel and unusual to an innocent person. There's other avenues for a potentially innocent person to take, sentencing is not one of them.
Just imagine if a judge based his sentencing on the potential of the person not being guilty, that would instantly cause a mistrial and pretty much ensure the guy's freedom ha.