Currently it's 10 PM on Wednesday, September 21, 2011. Troy Davis was scheduled to be executed a little over three hours ago. His execution has been delayed by the United States Supreme Court. The question that looms is whom the state should execute. When do you institute the death penalty? Right now, the Troy Davis case hangs over this country. No matter what you think of this case, there are a few undeniable facts. First, nine eyewitnesses initially testified that Troy Davis shot and killed off-duty police officer Mark MacPhail in 1989. Since then, seven of the nine eyewitnesses have recanted their testimony. There is no physical evidence that I know of. The weapon used to shoot Officer MacPhail was never found. So, is this a case in which the death penalty should be instituted?

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Interestingly, Lawrence Russell Brewer was executed in Texas tonight. He died at 7:21 EST. Mr. Brewer was convicted of dragging James Byrd, Jr. to death. This was a famous case at the time, a terrible race-based crime. Interestingly, the family of James Byrd holds no animosity toward Mr. Brewer. They actually petitioned the court not to execute him.

As I mentioned earlier, I think that somebody like Timothy McVeigh should have been executed. So, once again, should we consider using the death penalty much more narrowly than ever before? Should it be something that is used rarely, maybe once or twice a year across the United States? Will it be possible for us to have a serious debate over the death penalty or will it turn into a media circus, like every other major issue that we have discussed over the last 10 years?

Update: The U.S. Supreme Court has denied Davis' motion for a stay of execution. I suspect that My Davis will be executed later on tonight. So sad, so very sad.