zlacker

>>YeGobl+(OP)
The way death row inmates are treated is arguably a reason to be against death row. There was also a case where a person on death row couldn’t present exculpatory evidence to prove his innocence because his last appeals lawyer didn’t do it. The Supreme Court literally decided you can prove you have evidence that proves your innocence, that you were done dirty by an incompetent lawyer, it doesn’t matter, you should still be killed.

https://en.m.wikipedia.org/wiki/Shinn_v._Ramirez

>>Samoye+Eg
It's so frustrating because in the twisted universe where Thomas lives the ruling makes sense. To him justice is an algorithm that produces an outcome and only needs some minimum threshold of "overall the justice system locks up roughly the people we think it ought to" and all the appeals and after-the-fact proving your innocence gets in the way of the efficiency and to him, the effectiveness, of that algorithm.

And the thing is in a different context we celebrate this logic. When we do elections we don't really care about choosing the best candidate. We just go through the process, fight to protect the sanctity of the process because what's actually important is that people accept the outcome even if it makes so sense. Peaceful transfer of power and finality.

>>Spivak+Im
It's called "just"ice, not "systemish". Getting the right outcome is meant to be a core goal of the system. Besides, there are many legal reasonings that would allow the process to give the right answer - that innocent people should not be killed. Thomas chose to find a different reasoning instead.

>>lozeng+Ar
All nine of them, and practically every lawyer of all persuasions, will tell you that the only justice is the equal application of the written law. And sense of "justice" to mean "fairness" is a job for the legislature.

The fact that legislation is always vague and they can interpret it to mean whatever their ideology wants it to mean is just waiting for more legislation to fix it. If there is an obvious miscarriage of justice, all you need to do is get a majority of the House, 60% of the Senate, and the President to all agree within a two year window. There, justice done.

>>jfenge+ux
…and you'd only need a simple majority in the Senate if not for silly procedural rules.