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

Posted on 03/01/2005 7:21:16 AM PST by 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.


TOPICS: Breaking News; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: ban; deathpenalty; impeachthem; judicialtyranny; juveniles; levinsexactlyright; meninblack; readmarklevinsbook; ropervsimmons; ruling; scotus; supremecourt
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To: doug from upland; Torie; Protagoras; Modernman
JUSTICE SCALIA, with whom THE CHIEF JUSTICE and JUSTICE THOMAS join, dissenting.

In urging approval of a constitution that gave life-tenured judges the power to nullify laws enacted by the people’s representatives, Alexander Hamilton assured the citizens of New York that there was little risk in this, since “[t]he judiciary . . . ha[s] neither FORCE nor WILL but merely judgment.” The Federalist No. 78, p. 465 (C. Rossiter ed. 1961). But Hamilton had in mind a traditional judiciary, “bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them.” Id., at 471. Bound down, indeed. What a mockery today’s opinion makes of Hamilton’s expectation, announcing the Court’s conclusion that the meaning of our Constitution has changed over the past 15 years—not, mind you, that this Court’s decision 15 years ago was wrong, but that the Constitution has changed....

Holding and dissents here in PDF

381 posted on 03/01/2005 8:47:56 AM PST by jwalsh07
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To: newzjunkey
>>One word for you: Columbine.
Dylan Klebold was 17. Now, defend your position<<


A few instances like Columbine and you'll hear an outcry for the DP and the courts will abide.
People forget the bad times when all is going good.
Low crime rate across the board gets you this decision today.
382 posted on 03/01/2005 8:48:10 AM PST by snarkytart
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To: 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?

We don't live in Afghanistan or Pakistan. Justice is not exacted by the victim's family, but rather by a calm, impartial legal system.

383 posted on 03/01/2005 8:48:20 AM PST by Modernman ("Normally, I don't listen to women, or doctors." - Captain Hero)
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Comment #384 Removed by Moderator

To: antoninartaud

And once again I imagine the dissent (it's by Scalia, right?) will be hilarious.

Did you read the Sodomy dissent?


385 posted on 03/01/2005 8:48:41 AM PST by TFine80
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To: confederate66

Your throwing the Dukakis question at me hhehe. Out of anger id probably kill him/her myself.. but i have a very bad temper.. doesnt make it right though.


386 posted on 03/01/2005 8:49:06 AM PST by Next_Time_NJ (NJ demorat exterminator)
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To: Quick1

Check posts 235 and 359!


387 posted on 03/01/2005 8:49:30 AM PST by M 91 u2 K (Kahane was Right!)
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To: Next_Time_NJ

As Scalia said, the court has set itself up as the final arbiter of what the nation's moral standards must be.


388 posted on 03/01/2005 8:49:30 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real politcal victory, take your issue to court.)
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To: Modernman
Just as an aside, some States have never had the death penalty. Michigan's constitution forbids it, for example

Precisely. it was left to the people of Michigan to decide. It wasn't imposed on them by five unelected life-tenured liberals on the Supreme Court.

That's as it should be.

The beauty of it is, what the people of Michigan have done they can undo by the same democratic process. A SCOTUS pronouncement, on the other hand, is not only arbitrary and elitist it is far more permanent in a practical sense.

389 posted on 03/01/2005 8:50:11 AM PST by JCEccles (If Jimmy Carter were a country, he'd be Canada.)
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Comment #390 Removed by Moderator

To: Modernman
The danger they present is not over. There's:

Pardons...

Parole rules changes...

Escapes...

Murder of those who are forced to live or work near them...

Appellate reversals based on suspect reasoning (playing the race card, changing public opinions, PR campaigns, etc)

391 posted on 03/01/2005 8:50:24 AM PST by Teacher317
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To: Modernman
We don't live in Afghanistan or Pakistan. Justice is not exacted by the victim's family, but rather by a calm, impartial legal system.

Utho you might be called a lib for that one bro! That words being used a lot today with some of these people!
392 posted on 03/01/2005 8:50:31 AM PST by Next_Time_NJ (NJ demorat exterminator)
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To: Next_Time_NJ
I am infavor of the death penality but not for young children.

If a child learned how to kill and followed through with the act...I wouldn't consider that person a "child" anymore.

393 posted on 03/01/2005 8:50:38 AM PST by BureaucratusMaximus ("We're going to take things away from you on behalf of the common good" - Hillary Clinton)
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To: Next_Time_NJ
Gee, maybe the families of the victims of these MURDERS can console themselves a little bit. "At least, the murderer was not an ADULT. There, I feel a little better now."

/sarc

394 posted on 03/01/2005 8:50:43 AM PST by AmericanInTokyo (Illegal Aliens "Those Wonderful People" in Jail Now Are $1.4 Billion A Year For California Taxpayers)
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To: Halls
But to put them to death I just don't feel comfortable with.

Putting someone to death really isn't something that you should be comfortable with. It is like war. It maybe a necessary part of life on occasion but it is not suppose to be comfortable. But to not do something that is necessary because we are not comfortable is to abdicate our responsibility as members of a society.

395 posted on 03/01/2005 8:51:03 AM PST by Harmless Teddy Bear (No one knows the shape of the future or where it will take us. We know only the way is paved in pain)
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To: M 91 u2 K
Mandatory sentencing is Unconstitutional according to SCOTUS

It's more complicated than that. A crime can have a mandatory minimum sentence. However, a judge is now more free to determine whether a person convicted of a crime deserves to have additonal years added to his sentence.

This ruling does not give judges the power to go under a mandatory minimum sentence.

396 posted on 03/01/2005 8:51:10 AM PST by Modernman ("Normally, I don't listen to women, or doctors." - Captain Hero)
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To: Hartranft
if I could get them to abolish it for the innocent unborn, I would take the other in trade.

Me too. :-}

397 posted on 03/01/2005 8:51:33 AM PST by jwalsh07
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To: TFine80
YOu dont like Scalia?

He is one of the best Judges on the courts.

You are on the wrong forum if you prefer the insanity of Ginsburg and O'Conner!

398 posted on 03/01/2005 8:51:48 AM PST by M 91 u2 K (Kahane was Right!)
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To: The Ghost of FReepers Past
As Scalia said, the court has set itself up as the final arbiter of what the nation's moral standards must be.

They they certainly cant rule on abortion then can they? With a statement like that.
399 posted on 03/01/2005 8:52:12 AM PST by Next_Time_NJ (NJ demorat exterminator)
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To: Next_Time_NJ

This country is in DEEP trouble.


400 posted on 03/01/2005 8:53:08 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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