CNN: US SUPREME COURT: ALL DEATH PENALTY CASES WITH JUVENILE KILLERS THROWN OUT!

CNN on TV

[Next_Time_NJ]

The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states.

The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes.

The executions, the court said, were unconstitutionally cruel.

This report will be updated as details become available.

[Vicomte13]

"The legislative branch can pass and the executive branch can sign bills that are not subject to judicial review if they want.
Also, the executive branch can exercise an absolute pardon if it disagrees with a conviction."

You are kidding yourself.
If the Congress passed and the President signed a bill that purported to be immune to judicial review, the Supreme Court could, and would if it wanted to, sua sponte review the bill for constitutionality, on the grounds that the "covalent" branches of government do not have the authority under the Constitution to pass unconstitutional acts. The Court would refer to its own (self-granted) authority to "expound the Constitution", and would use the hoary old doctrine that all laws arising from the government under the Constitution are subject to constitutional limits, because the government is.
They would assert jurisdiction and issue a ruling.
Maybe the Executive and Legislative branch would defy the Court, but there is no track record of that since Lincoln.

As to pardons, it is unlikely that judicial review of a pardon would ever come up, so I would agree with you that Presidential pardons are, at least at present, not reviewable.
But I'll append a caveat to that: put together the right set of facts and if the Supreme Court decided a constitutional issue was raised by the pardon and intervened, if precedent is any guide, the President and Congress would grumble, and acquiesce.

[Charles Martel]

I still think 23 hours a day in lockdown while being being "Bubba's new girlfriend" is a lot more or a punishment then a quick needle and death and such a young age.

Oh, so it's okay to *torture* young offenders, but not kill them humanely? What you advocate sounds a lot more like "cruel and unusual" punishment than lethal injection does.

[jwalsh07]

Huh? I said the same thing in my post.

Your absolutely correct. I am suitably chastised and have banged my skull against the wall 5 times as punishment for leaping before looking.

Sorry MM.

[Wallace T.]

If you are a conservative, and that term has any meaning in an American context, then you should support the theory of understanding the Constitution by the original intent of the Founding Fathers. The "cruel and unusual punishment" language of the Eighth Amendment did not refer to execution per se, but to the horrendous methods sometimes used in its implementation, such as drawing and quartering. It also referred to the harsher types of torture, such as excessive whipping, disfigurement, and castration.

Furthermore, the Tenth Amendment specifically states that those powers not granted to the Federal government in the Constitution were reserved to the states and the people. Prosecution of the crime of murder is the function of state governments, and has been so since the beginning of the republic. The Supreme Court is clearly overstepping its bounds and interfering with states' rights in this matter.

The decision by the Supreme Court is indefensible from an American conservative standpoint.

[snarkytart]

>>>Ah! The teenage murderer permit has just been issued.

Prepare for a bloodbath, and anguished crys of how many CHILDREN are being murdered by other CHILDREN with GUNS!!!!!<<<


EXACTLY!!

This is just a step toward abolishing the DP all together.

The gang murder rate in the cities during the 80s was outrageuos. That is the reason states started instituting the DP for 16 and 17 year old "children".


Sad day.

We will keep losing our entire agenda regardless of who we vote for as long as the left wing secular internationalists are the majority on the courts.

[cvq3842]

EXACTLY!

The issue is the Court overstepping its authority, not necessarily the issue at hand. No matter what that issue is, and how people feel about it.

[M 91 u2 K]

Well then they need to change the law to manditory time.

Cant do that SCOTUS last month ruled that unconstitutional sorry your court is full of bleeding heart leftists!

[Modernman]

Average prison time served for juvenile killers and a matter of fact adult killers is just 6 YEARS!

That average includes everything from involuntary manslaughter up to 1st Degree Murder. It's a pretty meaningless statistic when you look at the differences between the various crimes involved.

Simple solution? Tighten up the laws so that killers serve more time.

[Recovering Hermit]

What the hell are you talking about?

See post #272.

Is that being held accountable?

What the hell are you talking about?

[Harmless Teddy Bear]

Go ahead draw a line.

Sure. When you commit first degree murder fully knowing that what you are doing is wrong.

There is your line.

[Modernman]

If it isn't justice how is it all of our states at the time of the Constitution had the death penalty? It wasn't until very recently that such a punishment was stricken from the books.

Just as an aside, some States have never had the death penalty. Michigan's constitution forbids it, for example.

[doug from upland]

You nailed it. How many murders will now be committed by those under 18?

[Next_Time_NJ]

I never said they were innocent.. I said most cannot grasp the idea of death yet. Why are 16/17 year olds only treated as adults when they do something bad? Why not give them the right to drink,drive in all states,marry in all states,and buy firearms? Why? because we feel they are not "ready".. So why should we only treat them as adults in any case? Its a total double standard.. Now i dont advocate doing this but its just to make a point.. You cant drink, cant have sex with anyone over 18, cant get married in most states, cant buy a gun, cant join the army, cant drive in some states (like mine NJ).. because we feel your not an adult yet.. but so something bad and you are... nope does not compute for me.. If they are not adults, they are not adults.. thus they should not be treated as such because they have not fully developed yet.

[JCEccles]

The "cruel and unusual punishment" language of the Eighth Amendment did not refer to execution per se, but to the horrendous methods sometimes used in its implementation, such as drawing and quartering. It also referred to the harsher types of torture, such as excessive whipping, disfigurement, and castration.

Exactly, the death penalty per se is no more a method of execution than St. Louis (or any other destination) is a method of travel.

[Next_Time_NJ]

They ruled manditory sentence is unconstituational??

[confederate66]

So if a 15 year old rapes and murders your mom, sister, daughter you'd let them sit in jail and get 3 hots and t.v., game room, library use, .....etc for the rest of his life? How weak are you?

[M 91 u2 K]

Mandatory sentencing is Unconstitutional according to SCOTUS

High Court Declares Guidelines On Sentencing Violate Rights

Thanks to un-American Leftists Judges expect a crime spike coming near You!

[Ibredd]

Bet teenage gangs are glad to hear this.

[Kretek]

If it's wrong to execute murderers under 18, then this should be a matter for the voters and the legislatures.

No, it is for that reason that the Eighth Amendment was written and the courts apply it.

Given the rhetoric, all sorts of cruel and unusual punishments would be instituited through popular vote or representative vote. Doesn't make it right, though - as the popular canard goes, "Democracy is two wolves and a sheep voting on what's for dinner."

The law makes clear distinctions between adults and children, and making children ineligible for capital punishment is not totally out of left field.

If one believes that children ought to be liable for capital punishment, then one ought to also beleive that there should be no distinctions based on age, or mental maturity, in the criminal law. Say goodbye to statutory rape laws, then, as just one example, as they are predicated entirely on punishing those who take advantage of mental immaturity...