How could someone who has never had their own attorney have 'due process'??
How could a person who has never been charged with a capital crime be executed by the State of Florida, when Article One, Section Two is CLEAR that they can't??
How can you live with yourself when you keep misusing what 'due process' means, preying on the ignorance of the public to deceive them into believing that somehow it is okay to kill one of our weakest citizens just because some pissant probate judge rules it must be so??
Since when does a probate judge have the power of life and death, and the power to negate our constitutions??
Most of the defenders of this inaction choose to simply ignore Section Two as well as the Fifth Amendment it echoes. You simply choose to misuse terms.
If you follow your argument to its core, you're arguing that the State has a right to kill citizens that have never committed a crime, if some judge says its okay.
But nothing could be further from the truth.
Y'all are helping commit a crime against humanity, against our most fundamental principle as a nation, and against all human decency..
Yes, in our system, the state does have the power (I hesitate to use the term "right" here) to execute citizens that are not guilty--safe to say, it probably happens all the time. This is one of the reasons (among many) that I am against the death penalty.
Some years ago, there was a case in the supreme court that was about whether a person who had exhausted all of his appeals could get a new trial when new evidence of his innocence surfaced--the supreme court said no--it wasn't good enough. The constitution requires due process--that's it, the court said. In fact, in a speech not long after that case, Scalia said something like the following (and I'm quoting from memory here): "Mere factual innocence is no reason not to carry out a death sentence properly reached."
Again, I'm anti-death penalty--I don't think it should exist, but if you look at the law, it requires due process; that's it. In one sense, Scalia is exactly right. In another, he's horribly wrong. But he's right on the law and wrong on the policy--and it's not the job of a judge to make policy. That's the legislature. Florida should change its laws, but we can only follow the laws that we've got now, for better or for worse.