Supreme Court Justice Antonin Scalia seems to think that being innocent is not enough reason to not be executed, as long as the trial was “full and fair”. In the case in question, seven of the nine witnesses who identified Troy Anthony Davis as the man who shot police officer Allen MacPhail have changed their story, and several of them have even now implicated one of the remaining two witnesses.
But according to Scalia:
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.
Luckily, Scalia was in the minority. Was this what Obama was talking about when he said he wanted more empathy on the Supreme Court?