Between The Lines Online: Supreme Misgivings

JUST THE FACTS, PLEASE

Davis's life may well be spared; the Texas Court of Criminal Appeals-now under scrutiny on this issue-could back down, though that court has been mighty tough in the past. But returning to fact finding is unlikely, because if the executioners do it on mental retardation, then they might have to allow "reasonable doubt" to be introduced after the trial stage. Most people don't know that, right now, it cannot be. If a jury convicts based on a flimsy confession and nothing else-tough luck in Texas. You die.

The Davis case is not a good case for reinforcing Atkins. The evidence of mental retardation is too cloudy. It's not a good "actual innocence" case either. He might not be innocent. But it's a good example of the kinds of cases that are making it all the way to the execution stage. We're executing people in this country when we don't know the facts. There's something sick about that.

© 2002