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.
Source
govinfo.gov




