“Not Justice Under Law”

Andrew Cohen situates the Davis and Buck cases within the context of capital punishment in the US:

The roiling uncertainty surrounding the Buck and Davis cases is a sad but timely reminder that the center has not held on capital punishment in America. The legal compact demanded by the United States Supreme Court when it reinstituted capital punishment as a sentencing option in 1976 has been broken, repeatedly, not by convicts, but by hundreds of overzealous administrators of the nation's justice systems. In Texas, Georgia, Florida, and in the other states which continue to push capital punishment, the "law" in capital cases now is mostly used as a weapon – not as a shield for the individual against the might of government. It is not justice under law. And it is certainly not equal justice under the law. It is instead far too often a perversion of justice — and of the Court's well-meant  precedent.