Posted on 03/01/2005 7:32:36 AM PST by So Cal Rocket
A truly looney view...like I said we will disagree. I pray you never have to reflect on the result of your opinion because a loved one of yours has met a violent and horrible end at the hands of a "misguided" and "immature" "child"...so-long.
Not really. Abortion is also a barbaric act from a moral standpoint, but not from a legal or constitutional standpoint (at least not based upon the law as it currently stands).
That 5 black robes should be allowed to make this "bright line" decision that one instant you cannot be held accountable as an adult and in the next you can with no consideration of the actual circumstance reviewed by a jury before sentencing is preposterous on its face and should not be allowed to stand without a strong attempt to reign in the SCOTUS by the other two branches of government.
The logic that this decision is in part justified by "international law, treaties and customs" is so dangerous that it threatens the very foundations of our justice system and will be used by these same liberal justices to restrict your constitutional rights in ways you cannot yet even imagine.
You realize that sentencing guidelines are now unconstitutional because of SCOTUS so expect a crime spike to come near you.
You realize that the Supreme Court didn't strike down sentencing "guidelines," but rather, SCOTUS struck down "sentencing mandates" that increase a person's sentence based upon conduct for which the person was never tried and convicted by a jury of his or her peers, as required under 6th Amendment.
I'm continually amazed at the number of so-called conservatives who demand a strict construction of the Constitution in accordance with the intent of the founding fathers, unless the strict construction favors criminal defendants, in which case they will twist and distort the plain meaning of the words that the drafters of the Constitution chose, to meet their social and political goals just like your basic liberal nut job.
You realize this will great a wide variety of sentencing and possibly the Judges going lenient on criminals. Ever since the implementation of mandatory sentencing crime has gone down 54%!
Liberal Nut jobs hate to see crime go down.
And true conservatives, like Justices Scalia and Thomas, want top see the Constitution interpreted in accordance with the intent of the founding even if the results have negative implications. Note -- in case you don't already know -- that Justice Scalia was in the majority in the Booker case, with which you apparently disagree.
Actually I am aware of that but Justice Scalia in the second part of the ruling dissented and rightly so that will provoke a discordant symphony leading to excessive sentencing disparities and will wreak havoc on the judicial system.
Scalia joined Stevens in proposing an alternate system under which the guidelines would be preserved, but every relevant fact would be submitted to a jury. So please do all your research before trying to smear fine Justices such as Scalia and Thomas!
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