From this day forward, I no longer will tinker with the machinery of death.
QUOTE OF THE DAY
``From this day forward, I no longer will tinker with the machinery of
death. For more than 20 years I have endeavored -- indeed, I have
struggled, along with a majority of this Court -- to develop procedural
and substantive rules that would lend more than the mere appearance of
fairness to the death penalty endeavor... Rather than continue to coddle
the Court's delusion that the desired level of fairness has been
achieved and the need for regulation eviscerated, I feel morally and
intellectually obligated simply to concede that the death penalty
experiment has failed. It is virtually self-evident to me now that no
combination of procedural rules or substantive regulations ever can save
the death penalty from its inherent constitutional deficiencies. The
basic question -- does the system accurately and consistently determine
which defendents `deserve' to die? -- cannot be answered in the
affirmative... The problem is that the inevitability of factual, legal,
and moral error gives us a system that we know must wrongly kill some
defendants, a system that fails to deliver the fair, consistent and
reliable sentences of death required by the Constitution.''
-- Harry A. Blackmun
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