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Q: Roman capital in 324 a.d. formally byzantium?
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Continue Learning about American Government

Did the US Supreme Court say 'actual innocence is no bar to execution'?

A full text search of all US Supreme Court case Opinions leads to the conclusion that no one in the history of the Court has ever written "actual innocence is no bar to execution," although there are claims to the contrary all over the internet. Opponents of the death penalty usually attribute the quote to Justice Scalia or Justice Thomas, the Supreme Court's most conservative members, and the belief apparently arises from conclusions drawn about the majority decision in Herrera v. Collins, 506 US 390 (1993). Former Chief Justice William H. Rehnquist wrote the Court's opinion in the instant case.Most likely, the infamous words are drawn either from Chief Justice Rehnquist's explanation that the Court is not a trier of fact (trial court) but is charged with determining whether a defendant's rights were violated under the Constitution, or from Justice Blackmun's dissent (which was Joined by Justices Stevens and Souter) that there is no constitutional prohibition against considering Herrera's evidence, and that the case should be remanded to District Court for a hearing on the viability of the evidence.In the majority opinion, Rehnquist wrote: "Actual innocence is not itself a constitutional claim." Blackmun countered, in part I, C, on page 437: "Given my conclusion that it violates the Eighth and Fourteenth Amendments to execute a person who is actually innocent, I find no bar in Townsend v.Sain, 372 U. S. 293 (1963), to consideration of an actual-innocence claim."Justice O'Connor, who voted with the majority to deny Herrera's petition for habeas relief, stated in her concurring opinion (which Justice Kennedy joined): "...the execution of a legally and factually innocent person would be a constitutionally intolerable event." Justice White, who concurred with the decision but not the opinion, appeared to believe the evidence and circumstances of presentation, ten years after the case was initially tried and mere weeks before Herrera's scheduled execution, was not persuasive of actual innocence: "In voting to affirm, I assume that a persuasive showing of "actual innocence" made after trial, even though made after the expiration of the time provided by law for the presentation of newly discovered evidence, would render unconstitutional the execution of petitioner in this case. To be entitled to relief, however, petitioner would at the very least be required to show that based on proffered newly discovered evidence and the entire record before the jury that convicted him, "no rational trier of fact could [find] proof of guilt beyond a reasonable doubt." Jackson v. Virginia, 443 U. S. 307, 324 (1979). For the reasons stated in the Court's opinion, petitioner's showing falls far short of satisfying even that standard, and I therefore concur in the judgment."UPDATE On August 17, 2009, the US Supreme Court granted a writ of habeas corpus ordering the District Court to conduct a hearing on the new evidence of "actual innocence" in the case of death row prisoner Troy Anthony Davis, In re Troy Anthony Davis, 557 US ___ (2009) No. 08-1443 (the docket number). The motion was decided by five Justices: Justice Stevens authored the order in which Justice Ginsberg and Justice Breyer joined (Justice Stevens earlier dissented in the Herrera case). Justice Sotomayor took no part in the decision.In his written Opinion, Justice Stevens said: "The motion of NAACP, et al. for leave to file a brief as amici curiae is granted. The motion of Bob Barr, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of habeas corpus is transferred to the United States District Court for the Southern District of Georgia for hearing and determination. The District Court should receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes petitioner's innocence." and in response to Justice Scalia's (joined by Justice Thomas) dissent, Justice Stevens wrote: "JUSTICE SCALIA's dissent is wrong in two respects. First, he assumes as a matter of fact that petitioner Davis is guilty of the murder of Officer MacPhail. He does this even though seven of the State's key witnesses have recanted their trial testimony; several individuals have implicated the State's principal witness as the shooter; and "no court," state or federal, "has ever conducted a hearing to assess the reliability of the score of [postconviction] affidavits that, if reliable, would satisfy the threshold showing for a truly persuasive demonstration of actual innocence," 565 F. 3d 810, 827 (CA11 2009) (Barkett, J., dissenting) (internal quotation marks omitted). The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing."To read the full opinion in Herrera v. Collins, and the order for Davis' evidentiary hearing, see Related Links, below.


Related questions

What city became the new imperial capital of the Roman Empire in 324 CE?

Byzantium, renamed Constantinople.


What is the Roman numeral for 324?

324 written in roman numeral is CCCXXIV


What place did Constantine make the center of power for the roman empire?

"He decided on the ancient Greek city of Byzantium. And on 8 November AD 324 Constantine created his new capital there, renaming it Constantinopolis (City of Constantine). He was careful to maintain Rome's ancient privileges, and the new senate founded in Constantinople was of a lower rank, but he clearly intended it to be the new center of the Roman world."So Constantinopolis would be your answer.Source: http://www.roman-empire.net/decline/constantine-index.html


Which emperor renamed Byzantium in honor of himself?

ConstantineConstantinopolos, founded 324 and dedicated 11 May 330. Known as Constantinople in English and served as the Imperial capital for 16 centuries


What is Constantine about?

Constantine was an Emperor of Rome who stopped the persecution of Christians and in 324 made Christianity the official religion of the Roman Empire. Then in 330 he moved his capital from Rome to Byzantium and renamed it Constantinople.


What is the name of eastern capital of Roman Empire?

Initially, it was Rome. The capital was moved by Emperor Constantine to Constantople (modern Istanbul) for strategic reasons: it was more easily defended. He named it Nova Roma; it was named after Constantine following his death.


What is the roman numeral of 324?

CCCXXIV


What is roman numerals cccxxiv?

324


When did the byzantium originate?

Unfortunately there's not a clear answer to this as historians disagree over when the 'Byzantine Empire' changed from simply being the 'Roman Empire'. In truth, the populace of the empire never considered themselves to be 'Byzantine', they actually thought of themselves as Roman. 'Byzantium', as it is referred to today, is a bit of an awkward term that was created by pre-twentieth century historians. It's used to describe the late Roman Empire and comes from the original name of its capital city: Constantinople. Which had previously been known as 'Byzantium'. There are a group of arguments amongst historians with regards to when 'Byzantium' began:In 286 AD when the Roman Empire was divided into Eastern and Western halves by the Emperor Diocletian.When Constantine built the city of Constantinople, c.324-330 ADWhen the last Western Roman Emperor died, 476 ADDuring the Islamic expansion in the 7th century ADThough there is an agreed upon end-date(1453). In truth it may simply be easier to view this as the 'Later Roman Empire', as many of the customs and traditions (though certainly not the religious commitments) of the people stay the same until the Islamic expansions - hence the argument for such being the beginning of 'Byzantium'.


What was Constantinople's old name?

Constantinople was originally named Byzantium by the Greeks who founded a colony there in the 7th century BCE. It was renamed Konstantinoupolis (Constantinople) after Constantine I in 324 CE; Constantine transferred the capital of the Roman Empire from Rome to Constantinople in 330 CE. Constantinople's modern name, Istanbul, comes from the Greek phrase 'eis tin polin' which means 'into the City.' After the Republic of Turkey was created in 1923, the Turkish government began to officially reject the use of Constantinople as an acceptable name for Istanbul.


Roman numerals for 324?

CCCXX1V


What place did the Constantine make the center of power for the Roman Empire?

"He decided on the ancient Greek city of Byzantium. And on 8 November AD 324 Constantine created his new capital there, renaming it Constantinopolis (City of Constantine). He was careful to maintain Rome's ancient privileges, and the new senate founded in Constantinople was of a lower rank, but he clearly intended it to be the new center of the Roman world."So Constantinopolis would be your answer.Source: http://www.roman-empire.net/decline/constantine-index.html