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Federal judge rules California death penalty is unconstitutional
Los Angeles Times ^ | 07/16/2014 | Maura Dolan

Posted on 07/16/2014 1:32:36 PM PDT by SeekAndFind

Edited on 07/16/2014 1:33:55 PM PDT by Admin Moderator. [history]

A federal judge in Orange County ruled Wednesday that California

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: california; constitution; deathpenalty; federaljudge
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1 posted on 07/16/2014 1:32:36 PM PDT by SeekAndFind
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To: SeekAndFind

sounds to me like they need to expedite the appeals process and start carrying out more executions and everything will be just fine.


2 posted on 07/16/2014 1:34:28 PM PDT by RC one (Militarized law enforcement is just a nice way of saying martial law enforcement.)
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To: SeekAndFind

In CA, you’re more likely to die from old age than execution.


3 posted on 07/16/2014 1:34:51 PM PDT by Signalman
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To: SeekAndFind
“the first time any judge has ruled systemic delay creates an arbitrary system that serves no legitimate purpose and is therefore unconstitutional.”

in other words, sentence to death and then carry out the sentence in a timely manner

4 posted on 07/16/2014 1:41:40 PM PDT by blueplum
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To: SeekAndFind

They need to lock up this judge with Charles Manson.


5 posted on 07/16/2014 1:41:59 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: RC one
How about an English lesson;

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

According to Merriam/Webster

inflict;

Full Definition of INFLICT

transitive verb
1 : afflict
2
a : to give by or as if by striking
b : to cause (something unpleasant) to be endured

— in·flict·er or in·flic·tor noun

— in·flic·tive adjective

See inflict defined for English-language learners » See inflict defined for kids »


Death is (in this case) a penalty, which is judicially accepted and that penalty (unless I'm wrong) is going to sleep

Sure, you sleep forever .. but you go to sleep.

Calling in the sandman is not cruel

It may be unusual ... but so is a judge that does not understand English

6 posted on 07/16/2014 1:44:13 PM PDT by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: SeekAndFind

This crap again? We have some of the very worst murderers on earth here on death row. people who should have been hung the second they were sentenced, yet they’re still living life on the taxpayers dime 30+ years later. While the surviving relatives get no justice.

It’s wrong in every conceivable way.


7 posted on 07/16/2014 1:44:39 PM PDT by Bullish (You ever notice that liberalism really just amounts to anti-morality?)
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To: SeekAndFind

So the libs delay and delay and delay these executions, then protest that the delays themselves are cruel and unusual.

Only in Libland does that make sense.


8 posted on 07/16/2014 1:47:12 PM PDT by IronJack
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To: SeekAndFind

Carney was born in Detroit, Michigan

That’s all you need to know. He’s infected.

Next he will rule the constitution unconstitutional.

Nominated by President George W. Bush. Yet another great
liberal judge foisted upon us by a RINO stealth democrat.
The real reason Bush has been silent all this time is
because everything is going as planed. Why say anything
and take a chance at screwing up the coup.


9 posted on 07/16/2014 1:49:03 PM PDT by Slambat
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To: SeekAndFind

It’s deja vu all over again with moonbeam and judges in California!


10 posted on 07/16/2014 1:56:10 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: SeekAndFind

Commiting a crime is unconstitutional. All they have to do is not commit the crime!


11 posted on 07/16/2014 1:58:39 PM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: Vigilanteman

Disagree. The judge is basically telling California to clean up its appeals process so executions can occur in a more timely manner. I think most pro death penalty people should want a more streamlined process. It should also help bring the costs down with the streamlining.


12 posted on 07/16/2014 2:06:00 PM PDT by aft_lizard
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To: IronJack

So the libs delay and delay and delay these executions, then protest that the delays themselves are cruel and unusual.


What’s even better is that the court appointed lawyers rack up millions in fees for the endless appeals, paid by the taxpayers natch. Then the Left claims that the death penalty costs too much.


13 posted on 07/16/2014 2:06:11 PM PDT by fifedom
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To: SeekAndFind

Carney, Cormac J.
Born 1959 in Detroit, MI

Federal Judicial Service:
Judge, U.S. District Court, Central District of California
Nominated by George W. Bush on January 7, 2003, to a seat vacated by Carlos R. Moreno. Confirmed by the Senate on April 7, 2003, and received commission on April 9, 2003.

Education:
University of California, Los Angeles, B.A., 1983
Harvard Law School, J.D., 1987

Professional Career:
Private practice, California, 1987-2001
Judge, Superior Court of California, County of Orange, 2001-2003


14 posted on 07/16/2014 2:13:22 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: SeekAndFind

I wouldn’t expect Moonbeam to appeal.


15 posted on 07/16/2014 2:16:34 PM PDT by SoFloFreeper
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To: SeekAndFind
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; . . . nor be deprived of life, liberty, or property, without due process of law. . . ."

"And the Fourteenth Amendment, adopted over three-quarters of a century later, similarly contemplates the existence of the capital sanction in providing that no State shall deprive any person of "life, liberty, or property" without due process of law."

"For nearly two centuries, this Court, repeatedly and often expressly, has recognized that capital punishment is not invalid per se. . . ."

16 posted on 07/16/2014 2:18:23 PM PDT by DeFault User
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To: SeekAndFind

Just change method to the euphoric, pleasant death of starvation. Libs already approve. (Terri Schiavo).


17 posted on 07/16/2014 2:27:03 PM PDT by Mark (Obama Care is now DEMOCRAT CARE)
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To: aft_lizard; SeekAndFind

I find nothing in this LA Times article with which I disagree.

IOW - expedite the process...


18 posted on 07/16/2014 2:42:07 PM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: SeekAndFind

How is it unconstitutional...isn’t the penalty for high treason death?...and the crime of treason is in the constitution.


19 posted on 07/16/2014 2:50:54 PM PDT by Crim (Palin / West '16)
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To: SeekAndFind

If I’m not mistaken, judges were to offer OPINONS, not decrees. No judge should EVER have the right to over rule and throw out what the majority of the people have voted to enact. Just another arm of government that has morphed into a criminal enterprise.


20 posted on 07/16/2014 3:06:20 PM PDT by drypowder
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