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**Chubrehege** · 09-22-2011, 05:35 PM

Before conviction, the gov't has the burden of proving guilt beyond reasonable doubt. Once convicted, the burden of proof transfers to the convict making tha appeal. There's nothing wrong with that.

I am not an attorney, but it seems to me that the standard for appeal should be based on a reason to question evidence or witnesses that influenced the original verdict. In this case, 7 witnesses who testitifed against Davis recanted their testimony. If these 7 witnesses were instrumental the guilty verdict, one would think a new trial would have been warranted. I am not saying that is how it is (frankly, I don't know), but that is how it should be.

All I can say about the Troy Davis case is that it had been reviewed by numerous courts and other legal entities (ie the Georgia Pardons Board.) None of them, who had the ability to investigate, supoena witnesses, etc., either vacated the conviction or commuted the sentance. To me that says something about the actual strength of the case that the media doesn't want to acknowledge.

Suggesting he must be guilty because numerous courts or legal entities failed to vacate the sentenace is weak. The sentance is almost always not vacated, especially it seems in the south. I do not know much about this particular case, but the whole appeals process seems flawed to me.

Also, I will note that one of the murderers in the Jasper, TX dragging murder case was executed yesterday. I'm not hearing any protests about that.[/QUOTE]

09-22-2011, 05:35 PM	#11
Chubrehege Join Date Oct 2005 Posts 485 Senior Member	Before conviction, the gov't has the burden of proving guilt beyond reasonable doubt. Once convicted, the burden of proof transfers to the convict making tha appeal. There's nothing wrong with that. I am not an attorney, but it seems to me that the standard for appeal should be based on a reason to question evidence or witnesses that influenced the original verdict. In this case, 7 witnesses who testitifed against Davis recanted their testimony. If these 7 witnesses were instrumental the guilty verdict, one would think a new trial would have been warranted. I am not saying that is how it is (frankly, I don't know), but that is how it should be. All I can say about the Troy Davis case is that it had been reviewed by numerous courts and other legal entities (ie the Georgia Pardons Board.) None of them, who had the ability to investigate, supoena witnesses, etc., either vacated the conviction or commuted the sentance. To me that says something about the actual strength of the case that the media doesn't want to acknowledge. Suggesting he must be guilty because numerous courts or legal entities failed to vacate the sentenace is weak. The sentance is almost always not vacated, especially it seems in the south. I do not know much about this particular case, but the whole appeals process seems flawed to me. Also, I will note that one of the murderers in the Jasper, TX dragging murder case was executed yesterday. I'm not hearing any protests about that.[/QUOTE]
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