Troy Davis Bites the Dust, The World Cries Injustice

By: Jeff Walden
September 22, 2011

On Wednesday, September 21st, 2011 at 11:08 pm Troy Davis was declared dead and a county corner removed his body from the gurney. If you haven’t been living under a rock, you’ve heard the story. This was a man who claims he was the victim of mistaken identity. After repeated attempts of saving his life, even reaching as high as the U.S. Supreme Court, his execution was carried out.

Troy Davis

A laundry list of high-profile individuals have come out, including the Reverend Al Sharpton (no surprise there), to protest the execution of Troy Davis. Against their will, the execution was carried out slightly later than scheduled. Protesting is within the rights of every single U.S. citizen and I encourage individuals to stand up for what they believe in whenever possible. In this case, they believed in Troy Davis. I have two major issues with that.

1. When did we lose total faith in our legal system?
Troy Davis was tried by a jury of his peers and found guilty. The witnesses who later recanted or partially recanted were found to be insignificant by judicial officials elected by citizens of the United States of America. Whether you agree with the jury verdict or the later judicial review or not, is insignificant. What matters is that the entire process was followed to every letter of the law. While I am not a lawyer, I am fairly certain that the U.S. Supreme Court would not stand by an execution if there was reason to believe that the law was not followed in the trial and prosecution of a U.S. citizen. “But he claimed his innocence on his deathbed!” Well of course he did! Wouldn’t you? Just because somebody claims something doesn’t make it true. Are we all 3 years old?

In many respects, our legal system is the foundation of this great nation. Whether you agree with every decision handed down from court or not is not the goal of justice. We all choose to live in this country, therefore we all choose to be bound by the legal system. I’m not trying to claim that our legal system is perfect, far from it. But for the most part, it works. If you or I were to be arrested tomorrow, while it wouldn’t be a very fun adventure, we would both face our own fate in a system that we created and continue to condone.

If we as a country believe that the death penalty is inhumane or unjust or just too certain in an uncertain world, then by all means please work on repealing it. You have every right to scream louder and make more movement than the next person to ensure that your opinion is heard loud and clear. What you don’t have the right to do is to turn your back on your own country’s legal process, thereby spitting in the face of every legal decision handed down in criminal court since the inception of our nation. We have an appeals process for decisions we believe are unfair or ungrounded, and that entire appeals process failed to find an issue. Not your opinion, nor the Pope’s (who isn’t a citizen) nor anybody else’s makes a bit of difference.

2. Where is the sympathy for Mark MacPhail and his family?
A large portion of our nation right now is crying out for Troy Davis, but why do we so quickly forget about the undisputed victim in this situation, Mark MacPhail? Troy Davis may or may not have been guilty but without a doubt, Mark is dead. He was the victim here more than anyone else. His family continues to suffer daily and there will never be a shred of evidence that proves them guilty.

Maybe Mark MacPhail wouldn’t be interested in the publicity. Maybe his family just wants the entire situation over with. Regardless of that, every single person protesting the death of Troy Davis needs to have the same level of respect for Mark MacPhail. Attempting to turn our own justice system on its head leaves nothing for Mark MacPhail and his family.

I would like to take this rare opportunity to commend President Obama for his judgement and restraint in choosing not to comment on the situation. He was absolutely right, it would be completely inappropriate for the President of the United States to have a public opinion regarding this situation. Well done, Mr. President.

Disclaimer: I have no opinion regarding whether Troy Davis was guilty or not, given that I wasn’t a juror in the courtroom. Furthermore, I don’t believe that the death penalty serves it purpose given the fact that we’ve made it a humane process and largely removed the aspect of fear. Reviewing the number of individuals on death row later found to be innocent, the death penalty probably should be repealed, but that’s not the topic at hand here.

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2 Comments

  • Ronald Weber

    Thank you, Jeff. While I have very little respect for many state court systems in our country. I do have a bit more respect for our federal court system because they appear to be less influenced by under cover money to influence out-come. Regardless, of my low opinion of the US court system in general, it still is one of the better run systems in the world. I agree with you regarding Troy Davis that if the Supreme Court had found a glimmer of doubt regarding the guilty verdict, they would have stayed his execution.

    During the days leading up to the execution (often termed “murder” by some), I was encouraged by some of my peers to sign petitions and send emails asking for a stay of execution. I, in good conscious, could not do such as I have placed my trust in the system – even with its flaws, because those are the “rules of the game” I agree to by vitue of my American citizenship. Until we officially change the rules, we must play by the established rules. While I may not agree with the death penalty, for it no longer serves the purpose it was intendend, until it is repealed, we must abide by its use.

    Thank you, once again, for articulating so well an opinion that I can only wish I had said! I also appreciated your “shout-out” to the president for his appropriate response to the situation.

    Most importantly, I wish to compliment you on your compassion for the family and friends of Mark MacPhail. Indeed, they must feel some closure and justice in the execution of the convicted man, but also confussion and frustration as a result of such opposition to the court’s order. As Americans, we must be supportive of those who’s lives are rent assunder by evil, and stand by them as they regain their strength to be healthy, vibrant, and contributing members of American society, living without fear.

    Enough!

  • Great post. We are in complete agreement on this, actually.

    What makes our country great is the rule of a law, and the ability of our people to change those laws. We have peaceful transfer of power based on this, whereas a lot of countries have blood and violence in the streets when power changes hands.

    What dismays me is when people try to subvert the rule law for their own purposes. For instance, the supreme court hearing cases it should not just so it can make law. (Other judges as well) Or the president overstepping his bounds with troops and whatnot. We have not declared war on anyone since 1941, but we call them all conflicts or police actions and somehow that is OK. One of the worst offenders is congress. As Alec de Toqueville commented, “All democracies are doomed once the people realize they can vote themselves unlimited money from the treasury”

    OK. I think I got off topic there. Sorry. I agree with you, and I love this country. I am glad we have the rule of law and the GOD given right to change it and disagree with it.

    People usually attribute this saying to Voltaire becuase he felt the same way, but Evelyn Beatrice Hall said it. “I disapprove of what you say, but I will defend to the death your right to say it.”

    ( I see now, I should have made this a blog on my site instead of a comment on yours. lol.)

    JB

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