let's bring in jeff toobin. jeff, no matter what side of this debate or case one is on, it is extraordinary this has been going on for, what? more than 22 years now. or 22 years. what does that say about this system that is in place whether you are for execution or not? >> the system is broken. i mean, this is the problem. this is one of the problems with the death penalty. is that we have this somewhat contradictory attitudes about it. we want certainty, we want this punishment. but as the supreme court has said many times, death is different. the level of certainty we want and the level of fairness we want in a death penalty case is different from any other kind of case. so there is more scrutiny and more lawyers and more procedures in death penalty cases. so you have the situation where executions if they take place are -- can be 20 years after the crime. this is unusual for a lot of reasons. but the length of delay is not all that unusual. and the suffering that puts on the victim's family, on the witnesses,

very welcome. >> i want to, if we can, bring in jeff toobin and bj bernstein again. jeff, at this point, i mean, legally there is -- there is obviously no more -- there's no more legal appeal? >> no. and what made this situation even more tense and bizarre is at 7:00, georgia had the legal right to execute him just then. they decided to wait to hear what the supreme court would do. but at this point, there was no illegal impediment at all. now with the supreme court having denied the stay, there -- you know it is official that the last -- the last legal step has been taken. but for the last three and a half hours, georgia would have been within its right to begin the execution process. >> we will be back our continuing coverage, more amount breaking news, supreme court rejecting the last-ditch appeal from troy davis. the state of georgia can now proceed with his execution. we will be right back. my doctor told me calcium is best absorbed in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously release

senior legal analyst for cnn, jeff toobin will join us next hour to talk more about this case. >>> parts of new york and new jersey hit hard by hurricane irene changes to the start of the school year. in new york, there's some delays and newark, new jersey, concerns over mold at one school. means a temporary reassignment of kids to other schools. >>> the arizona department of corrections is cashing in on crime. if you want to visit someone behind bars, it's going to cost you 25 bucks. a fee that has angered not only family members but prison advocacy groups. david fate calls it mind boggli boggling. you believe this could ultimately have a negative effect on public safety. why? >> well, research tells us that one of the very best predictors of whether someone is going to go straight and lead a law abiding life after prison is whether he has been able to maintain family contact while incarcerated, and visitation is an essential part of that. so if we care about public safety, if we care about crime prevention, we should be doing everything we can to encourage and facilitate and promote pr

jeff toobin, do you really believe this has certainly ignited a debate about the death penalty, but these debates have been going on now in this country for decades. is this some sort of watershed event or change something? >> i don't think so support for the death penalty today is 60%. ten or 15 years ago, it was 70%. now that's down and a lot of change in the altitudes about the death penalty those do with the fact there is just less crime in the united states than there used to be. in the early '90s, there were about 300 death sentences every year. last year 112. in the early '90s, one year, 98 people are were executed, last year, 46 people were executed. all the numbers are heading in that direction, but the movement for the absolute abolition of the death penalty is not really that strong in this country. barack obama is for the death penalty, most major political figurers are for the death penalty, not as big a political issue as it once was but doesn't look like it is disappearing any time soon. >> a lot, jeff that this has taken 22 years since -- since the officer was killed, 1989

jeff toobin, do you really believe, though -- this has certainly ignited a die badebat about the death penalty, but these debates have been going on now in this country for decades. is this some sort of watershed event or change something? >> i don't think so support for the death penalty today is 60%. according to most polls. about ten or fist even years ago it was about 70%. now that's down and a lot of change in the altitudes about the death penalty those do with the fact there is just less crime in the united states than there used to be. in the early '90s, there were about 300 death sentences every year. last year 112. in the early '90s, one year, 98 people are were executed, last year, 46 people were executed. all the numbers are heading in that direction, but the movement for the absolute abolition of the death penalty is not really that strong in this country. barack obama is for the death penalty, most major political figurers are for the death penalty. it's not as big a political issue as it once was, but it doesn't look like it's disappearing any time soon. >> it does say a

jeff toobin, appreciate it, bruce, always good to talk to you. >> my pleasure. >> that's it for our special "ungodly discipline." thanks for joining us. open an e-trade account and open doors, seize opportunities, take action with some of the most powerful yet easy-to-use trading tools on the planet all built to help you maximize the potential of every dollar you invest. successful investing isn't done by throwing ideas against the wall and hoping. it's done by lowering your costs and raising your expectations by using unbiased research and powerful screeners to build a diversified portfolio with stocks, bonds, mutual funds, and every etf sold. and we'll help you every step of the way. with 5-star research and free education covering everything from the basics to advanced investing strategies. start now and we'll give you up to $500 and let you trade free for 60 days. visit our website, call us, open an account. e-trade. investing unleashed.

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jeff toobin as well. let us know what you think. we are on facebook, twitter #andersoncooper. >>> up next, herman cain's controversial statement about why african-americans vote democrat and his jump in the polls. >>> later, the michael jackson death trial, damaging testimony about what dr. conrad murray was doing as michael jackson lay dead or dying. >>> first, let's check in with isha sesay. isha? >>> anderson, as amanda knox's defense team makes their case that her murder conviction should be overturned, we'll show you photos you've never seen before, exclusive pictures taken of her inside the prison she could soon go free from or possibly spend many more years in. that and much more when "360" continues. and i know a thing or two about fast. i purchased 3 homes with quicken loans. i wouldn't use anyone else. there were no hidden fees and no surprises. quicken loans is a lot like me -- we're both engineered to amaze. it'd be easier to compare. you think these all cost about the same. they all give safe drivers a discount. but wha

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jeff, you know a lot about the supreme court. is this a smart strategy on the part of the obama administration? >> you know, i think it is, because first of all the agencies which are preparing to implement this law have to know whether it's constitutional or not and there really is no point for waiting another year. also, i think if the law is approved, obama can say i passed a constitutional law. if it's not approved he can run against the supreme court as presidents have done in the past but the uncertainty can't help anyone and seems like a wise choice for all concerned just to move ahead and get this thing resolved >> do you have a sense, do you think, who is going to win before the united states supreme court? no one knows the nine. that's the name of your best seller. how does it look. >> i think there are four certain democrats, ginsburg, briar, societomayor will certai vote for it, just as thomas won't we. can the liberals get one more vote? anthony kennedy is their best hope. if i would bet i would say the law will be u