"Troy Davis and the History of Injustice in America"

Troy Davis and the History of Injustice in America

E.D. Kain
September 20, 2011


The history of justice in America is pocked with such deep institutional injustices that time and again we make a mockery of the word. From slavery to the War on Drugs, the powerful have trampled time and again on the weak.

Law and order masquerade as justice, and our prisons fill to the brim with young men, mostly black and Hispanic, mostly poor. Meanwhile, inner cities lie like sunken ruins across the wealthiest nation in the history of civilization, stomped upon by drug warriors and poverty and violence.

And though we accept the limitations of our government and of the good judgment of our leaders, we nevertheless believe in the infallibility of this system we call justice, but which is not justice, to hand down the most final sort of judgment a man could ever know.

Troy Davis, convicted over two decades ago of killing an off-duty cop, though much doubt has been cast upon his guilt and the methods which police and prosecutors used to secure his conviction, will be executed by the state of Georgia tomorrow. The Georgia Board of Pardons and Paroles has denied him clemency, and there are no other avenues left to save him.

In the end, I am not concerned so much with whether or not Davis is guilty or innocent. I am concerned with the uncertainty of his guilt. “I’m not for blood. I’m for justice,” said the mother of the slain police officer. But we extract one or the other, not both. In a case where the blood may be that of an innocent, how can we call it justice?

Death is tragic. The death of Mark MacPhail is a tragedy that will never be undone. Not by blood, not by prison bars, not by time, not by proof that Davis is guilty or proof that he is innocent. But if we have even a glimmer of doubt about his guilt, there will be no justice in his death. If we have even a hint of uncertainty over whether this man did the deeds he was accused of, but which most of his accusers have since recanted, we should stay his execution.

But the history of justice in America is scarred across by such tragedies.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

What can I do if I’ve been found guilty at trial?

Criminal Appeals

If you have been found guilty of the crime you were charged with at trial you may follow the step in the criminal justice process by filing for an appeal of the conviction.

This is the step before post-conviction relief and in essence asks a higher court to review your case for any errors that were made in terms of the conviction or the sentence.

The appeal process includes only those things about your case that could arguably be considered legal mistakes that had an affect on the jury’s decision. This is not an opportunity to present new evidence.
The records that a higher court will review in the criminal appeal process includes a transcript of the proceedings from the court reporter detailing everything that was said in court, as well as anything else that was submitted into evidence such as objects, documents, or statements.

The criminal appeals process is difficult and contains a number of necessary legal documents and procedures that are best handled by a criminal defense attorney. John MacDonald has extensive experience as a criminal defense and post conviction relief attorney, and can represent you in your appeal.

The process of appealing a criminal conviction also involves filing a legal brief to the court for the purpose of underlining and highlighting the reasons of facts of law where an error was made and why the conviction was wrong. The government will also file their own brief discussing why the conviction was proper and should stand.

Typically, an appellant will have the chance to respond to the government’s brief with another of their own, and before the court reaches a decision, both sides may present an argument in person. Although your appeal may take some time to be heard, it is important that you notify the court of your intent to do so as soon after your conviction as possible.
----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.