Political Quotes

On the recordFebruary 8, 1995
there is a major omission in the bill that goes to the heart of due process and fundamental fairness: An innocent man should never be executed. The McCollum bill gives a criminal defendant ``one bite at the apple'' but would not permit any appeals after the 6-month deadline has passed except in the difficult-to-imagine situation where there is clear and convincing evidence of innocence and no reasonable juror would find the petitioner guilty. The amendment that we are considering will substitute preponderance of the evidence instead of the more restrictive standard in the McCollum bill. This amendment simply states that the Federal courts should always be available to hear claims of innocence when based on newly discovered evidence. Representative McCollum's standard is far better suited to judge and dispose the claim rather than a standard of whether to really hear the claims in the first place. If this is intentional, then it is a sly smokescreen to cut off all claims based on innocence. I would hope that is not the case and that the majority is willing to support this amendment. Claims of innocence in habeas proceedings are not part of a far-fetched scenario that can never happen in this day and age. The truth is this is all too common. In fact, the Supreme Court decided a case just this January 23, 1995, that shows how easily this can occur.
Said by
John Conyers
Democratic · Michigan

Editor's note · Context

Addressing concerns about due process in a bill related to criminal defendants and appeals.

Share

More from John Conyers

Oct 25, 2017

Since the Trump administration has come into being, briefing requests submitted by Democratic Members' staff have been repeatedly denied, ignored, or delayed.

congress.gov
Oct 3, 2017

I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 237, noes 189, not voting 7, as follows: [Roll No. 549] AYES--237…

govinfo.gov
Oct 3, 2017

How much time remains on both sides? The SPEAKER pro tempore. The gentleman from Michigan has 2\1/2\ minutes remaining, and the gentlewoman from Georgia has 2\1/2\ minutes remaining.

govinfo.gov

Other voices in this conversation