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Friday, September 23, 2011

The Execution of Troy Davis and the Virtues of Due Process and Clemency

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            Are you looking for a persuasive essay on capital punishment or death penalty? Are you searching for an essay on the execution of Troy Davis? Do you want to add information in your essay to make it more impressive?

            A few days ago, Troy Davis who was convicted of killing MacPhail was executed.  Before that he filed a final appeal with the state of Georgia and 7 of the 9 witnesses against him had recanted their testimonies.  The United States Supreme Court also denied his application to stay the execution.

               As a backgrounder, Davis was pistol-whipping a homeless man after asking him for a beer when MacPhail who was working as a security guard rushed over to help him.  It was alleged that Davis had a smirk on his face when he shot MacPhail in a Burger King parking lot.

            The execution of an individual, such as what happened to Troy Davis, is always contentious issue.  It is a contentious issue because it involves the interplay of several virtues which are being observed in the United States Constitution and the American society.

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            On one hand, the victims and the relatives of the victims are asking for closure.  The courts also want the doctrine of the finality of all judgments to be enforced.  This means that all litigations have to end somewhere.  When the issues have been resolved and all legal measures have been taken including an appeal, then only recourse is to implement the decision of the trial courts.

            On the other hand, the defendant who asks for a stay in his execution is also seeking to exhaust all legal remedies that the constitution has provided him.  In the news article entitled “Troy Davis and constitutional virtues”, Marc Osler, a professor of law and a federal prosecutor, said that those who are seeking a stay in the execution are banking on the virtues of due process and clemency.

            Under the doctrine of due process, all individuals who are accused of a crime are entitled to exhaust all legal remedies to defend himself.  This is a protection that is guaranteed to make sure that the person to be executed is indeed guilty of the crime charged.  The defendant who is also seeking for a stay in the execution is only asking for mercy.  When there is doubt on the guilt of the inmate who is about to be executed is it only right for the courts to grant the stay in execution so his case can be reviewed?

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