Justice Scalia Transcript


Via Michael Williams: A transcript of a Q&A with Justice Scalia. Lots of interesting stuff. Lots of stuff I don’t understand.

I found this interesting when discussing the death penalty.

Chances of genuinely innocent person being put to death are infinitesimal compared with someone genuinely innocent going to prison for life. “If I were innocent, I’d rather get the death penalty.” B/c chances of getting freed are higher. Life sentences not trivial: “the man’s behind bars like a monkey in the zoo for the rest of his life.” This is something to be worried about as well. More likely if life is on the line someone will go over his record and free the innocent person.

I had never thought if it this way. He’s also probably right. There are probably a lot more people who are spending the rest of their life in prison who might be free now if they had been sentenced to death. People care more when life is on the line.

Only constitution we have. Either accept it, or repudiate it and persuade everyone else. But don’t get picky-choosy on certain issues. If you think it’s a farce, lead a revolution.

Liked that comment to a “living” constitution.