Is it legally acceptable for the Supreme Court of the United States to tacitly endorce the execution of an innocent man? Antonin Scalia thinks it is. Consider this remark from his dissenting opinion in the Troy Davis case:
“This 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. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.” (more…)