Common sense is the basis for common law. Common sense, however, seems to get lost in today's legal system. Here's a prime example this week from Justice Scalia:
"(The Supreme Court) has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a court that he is 'actually' innocent."
In other words, if a man sitting on death row, about to be executed, is somehow found to be innocent, but has received a fair trial finding him guilty, there's nothing a federal court, even the Supreme Court, can do to intervene.
Why? It's because the Supreme Court hasn't ever ruled on the topic. So... sorry dude -- you're gonna fry or get gassed or injected because of the arcane nature of our legal system. The best the Supreme Court can do right now is send flowers to the funeral.
Maybe it's true, but it sure is freaking scary, isn't it? Common sense would lead you to believe that the highest court in the land could stop an innocent man from being executed. But --- nooooo!
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