Thursday, September 22, 2011

Thoughts on Troy Davis

Sometimes our judicial system gets it right... and sometimes we get it wrong.

And yesterday? We got it so so so very wrong.

I spent all day hoping for any last minute reprieve for Troy Davis, obsessively refreshing cnn.com and the AP news app on my phone, but no such good news came.

I don't oppose the death penalty for moral reasons... as a matter of fact I have no problem with the other execution that happened last night... (White Supremacist gang member who dragged a black Texas man to death). If anyone deserved to die, it's that guy.

But Troy Davis?
Even a little bit of doubt is too much doubt when you're dealing with the ultimate punishment.


I oppose the death penalty because we so often get it wrong.


How can we continue to get this so wrong? How can INNOCENCE, the only thing that SHOULD matter, not matter when we decide to take a persons life?
How can all these judges and prosecutors look past the fact that all these people recanted, and stand by the conviction?

Not to be one of those bloggers who turns a tragedy into a story about themselves, but today more than ever I know that this is what I was meant to do. If I fail the bar exam again this time, I take it again, because this is the fight I was meant to fight.
I am going to fight for the Troy Davis's of the world. And there WILL be another Troy Davis.

16 comments:

  1. I couldn't agree with you more. Our judicial system got it SO wrong. There was too much doubt in this case and in my opinion too much doubt to put a man to death. If you fail the bar, which I don't think you will, keep fighting. We need people like you to fight fro every Troy Davis out there.

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  2. Good for you for knowing what you stand for and wanting to do something about it. So many people want to "take a stand" yet when the time comes, they remain silent and do nothing. You're choosing to fight the fight for those that can't and for that... I applaud you! My hubs is in law enforcement and there are times when the system gets it right and times he feels as they it doesn't do enough. There is no perfect world. That's why we have people like you and people like him (being my husband) who believe and chose to do what you can.

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  3. Zilly this gave me chills. Not only for your courage to stand on the side that most people shun and oppose but because knowing you, being your friend I love your passion for the law. I truly do not know anyone else in my life that has the kind of resolve that you do when it comes to your career and desire to change things. You will be an incredible attorney and this fight, this battle you are going through to get there will all be worth it someday (hopefully very, very soon).

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  4. I was thinking about this a lot, but couldn't really articulate how I felt very well. Thanks for writing this, and doing it so well. Asa side note, I hope you pass!

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  5. I was so disappointed when I woke up this morning to hear what had happened. What you said is so true....this was just so very wrong. :(

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  6. It's okay in your mind to execute a white man, but not a black man?

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  7. Dear Anonymous, I think I speak on behalf of all white people when I say absolutely. And by absolutely I mean absolutely go eff yourself. I believe your perception of this post is off track.

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  8. I totally agree, on every single count.

    If anybody deserves the death penalty (I don't think they do, but so it goes. I'm a hippie), the Texan did. Not because he's white, Anonymous, but because he was guilty beyond a reasonable doubt of a heinous hate crime.

    Troy Davis did NOT deserve to die last night. Not because he's black, Anonymous, but because his guilty conviction had a shitton of reasonable doubt built in after the trial which came to light and put serious doubt on the credibility of the conviction.

    LF, you not only ARE meant to do this work, but you are currently doing it and have been doing it for a few years now. Even if you don't get a pass this time (knock on wood!) you will keep helping people who are wrongfully convicted as a non-lawyer until you get to help them as a lawyer.

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  9. My reading of the Davis trial transcript and review of the evidence persuaded me that the death penalty system worked perfectly in this case.

    But even though we disagree on one issue, best of luck on your bar exam results! [And I hope Elle is back to full strength asap!]

    Go Zilla!

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  10. Very well-written post LF. It broke my heart last night when I read online that they had gone ahead and executed Troy Davis anyway. It's hard to believe that they could go ahead with the death penalty when there was so much doubt. Sad.

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  11. Way to go, sister! Although, the TX bar exam would totally be more useful in that area. Unfortunately (I'm sure you are aware) you'd never be without work in that state if you're focusing on the death penalty.

    Praying results come back PASSED!

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  12. I see this all the time. Troy Davis almost certainly did it. But he should have been commuted and/or re-tried. The remedy for effed up cases like that. I'm trying to figure out how that did not happen.

    It just pains me to see people calling him "innocent". There's a big difference between that and "not guilty". I wish people could learn that.

    Pre-law idealism is amusing, but if you think you can work on cases where people really ARE innocent, as in, they actually didn't do it, you're in for a really nasty shock. I can easily go a month without seeing one. "Settle or starve".

    And Illinois doesn't have the death penalty anymore, folks. It went away last summer.

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  13. Anonymous- aren't you a gem. First off - I never proclaimed Davis to be innocent.
    Second - oh gee really, Illinois doesn't have the death penalty? I had no idea!
    Third - everyone isn't innocent? Gosh I just can't believe that! At least I'm amusing you!

    Get fucking real.

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  14. I used to support the death penalty before law school, for those serious, heinous crimes for which it generally applies in CA. Then I went to law school and learned about the over 1000 death row inmates who have been exonerated in the US, and I adopted the "not until the system is perfect" stance.

    But now, with Troy Davis, I don't think I can support the DP at all. The 4 goals of criminal punishment are: (1) deterrence; (2) rehabilitation; (3) incapacitation; and (4) retribution. Sure the DP incapacitates, but no more than LWOP. It does not rehabilitate and does not deter; I had a law school professor who liked to say, "If the death penalty is a deterrent, make it the punishment for parking tickets."

    The only legitimate purpose of the death penalty is retribution. Revenge. An eye for an eye, to make the families and society feel better.

    Essentially, government sanctioned murder.

    And I'm no longer ok with that.

    @Snarkyatlaw

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  15. Also you're great and it's awesome that you're so dedicated to the pursuit of justice! And I've really enjoyed reading your blog. :D

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  16. I'm so with you LF! With the tragedy of what happened this week with Mr. Davis my desire to eventually practice criminal law remains at an all time high. It will happen for both of us and girl, we are going to kick ass! ;)

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