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Re:People Can Be Convinced They Committed a Crime That Never... by anonymouskimmer on Saturday June 17, 2023 @02:41PM (#36373132)
Here's a good article about it. Scalia's claim was in the dissent, so this isn't established legal doctrine in the US, but as the article shows it has actually happened as practiced legal doctrine in at least one case.

https://ohrh.law.ox.ac.uk/justice-antonin-scalias-rebuke-of-...

Re:People Can Be Convinced They Committed a Crime That Never... by UncleMeat on Saturday June 17, 2023 @04:46PM (#36374412)
Scalia joined the majority in Herrera v. Collins, where innocence could not be used to justify a Habeas claim.
Re:People Can Be Convinced They Committed a Crime That Never... by anonymouskimmer on Saturday June 17, 2023 @05:07PM (#36374614)
Reading that it's specific to an 8th amendment claim.

It definitely is horrific. It looks like further Supreme Court cases allowed actual innocence claims under other standards, or for specific types of evidence. All of these were close decisions though, and I fear what a more 'conservative' court will allow.

https://en.wikipedia.org/wiki/House_v._Bell

Re:People Can Be Convinced They Committed a Crime That Never... by UncleMeat on Saturday June 17, 2023 @05:31PM (#36374853)
Scalia's concurrence was focused on the 8th, but the case presented both 8th and 14th amendment arguments for allowing habeas.
Re:People Can Be Convinced They Committed a Crime That Never... by anonymouskimmer on Saturday June 17, 2023 @05:38PM (#36374919)
Schlup was two years later, but searching just now I guess it isn't that strong of a protection:

https://www.ojp.gov/ncjrs/virtual-library/abstracts/schlup-v...

> Although this is a correct ruling, the Court's opinion is not likely to significantly protect innocent people from being executed. First, the Court failed to recognize key points of distinction between the evidence of innocence that Schlup presented and the evidence of innocence presented in Herrera v. Collins. Because Schlup's evidence was much stronger, the Court should not have ruled on the issue of whether the Constitution bars the execution of a factually innocent person. The implication of the Court's silence is that full habeas hearings are unavailable on straight-forward constitutional claims of actual innocence. Second, the Court's analysis of the fundamental miscarriage of justice exception does not appear to contradict the argument that the exception is a rule of permission. Thus, after Schlup, Federal courts will likely be free to dismiss the habeas petitions of State prisoners even where new evidence of innocence makes it "more likely than not that no reasonable juror would have convicted."