High court strikes down death penalty for juveniles

[mrmitchell]

Currently, 19 states allow executions for people under age 18: Arizona, Alabama, Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky, Louisiana, Mississippi, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Texas and Virginia.

Ignorant reporter failed to mention AR Senate passed, 24 to 9 no less, a bill banning under 18 yo death penalty just about two weeks ago.

[Ramo]

Incidentally, a bill to abolish the DP just passed the NM House. Hopefully Richardson won't be a ***** about it.

[Pyrodrew]

Teens (over 13-14 or so) are generally as capable and rational as adults, thus shouldn't suffer unequal treatment.

What age does Ozzy agree with pedophilia and MANBLA? Also 13-14?

[OzzyKP]

[Pyrodrew]

Originally posted by OzzyKP

So you believe 13-14 year olds are rational enough to vote and stand trial, but not who they have sex with? You prefer I make assumptions or is that an uncomfortable subject for you?

[Pyrodrew]

http://apolyton.net/forums/showthread.php?s=&threadid=129330&perpage=30&pagenumber=5

Ben Kenobi:

I am especially curious to hear Ozzy's take on this

Jaguar:

I second BK. I wanna hear what Ozzy has to say about htis.

Again, if this is an uncomfortable subject for you then nevermind.

[OzzyKP]

Have you been obsessing over this issue since that thread? Get a life.

I've no problems answering it, but I don't see what it has to do with the death penalty beyond the fact you are a troll that is trying to trap me by making absurd, emotional comparisons to pedophiles instead of argue an issue rationally.

[Pyrodrew]

Originally posted by OzzyKP
Have you been obsessing over this issue since that thread?

No, just wanted to point out I wasn't the only one who wondered.

I've no problems answering it, but I don't see what it has to do with the death penalty beyond the fact you are a troll that is trying to trap me by making absurd, emotional comparisons to pedophiles instead of argue an issue rationally.

Relax. I, BK and/or Jag are not trying to "trap you" over what teenagers are rational about. If I wanted to "trap you" I would do a much better job than that.

I don't see what your cell phone post has to do with the death penalty, but apparently you did. Again, if this upsets you so much then nevermind.

[asleepathewheel]

fantastic ruling. really sent shockwaves through my office today.



Not that it affects me personally, the "worst" crimes I defend juvis for are molests/arsons/burglaries etc, no murders, but still...

I wish I had gotten here earlier in the discussion, but alas...


(I wonder if I knew the appellate attorneys on this, I interned at one of the Missouri Public Defender Capital division offices a couple of years back! And I love to see the MO AG be humiliated like this, the *****!)

[Ogie Oglethorpe]

The whole legislating from the bench is getting more than tiresome especially since they can't seem to make up their mind. 15 years ago it was one way now its another.

I find the majority opinion being based upon a building national consensus fraudulent and further an appeal to use of international precedent as laughable. Be that as it may the inconsistency of legally defined adulthood as 18 flies in the face of potential consequences for 16-17 yr olds could face.

[Moral Hazard]

Then you may as well toss the protection against cruel and unsual punishments from the Constitution. The whole poit of the Rill of Rights it to protect us from a legislature which oversteps its bounds, and that is what the Court has done.

Sorry should have been clearer. The supreme court has every right to decide what act is cruel and unususial. But not in my opinion to decide on who it is performed. It is no more cruel to put a 17 year old to death than to put a 30 year old to death. A developing national consensus is not a basis for a judgement.

In truth, If the supreme court had decided that a 17 year old couldn't be tried as an adult, than I would try to find some basis to agree that it's in their purview. Maybe the 18 year old to vote ammendment.

[Drake Tungsten]

I'm with DD. I may be favorably disposed to the ending of executions, but the reasoning used by the majority in this case is pretty flimsy.

[Imran Siddiqui]

The whole legislating from the bench is getting more than tiresome especially since they can't seem to make up their mind. 15 years ago it was one way now its another.

Yes, standards change. As for this 'legislating from the bench', I wonder if people forget that we are a COMMON LAW country, hence, legislating from the bench is an inherant part of our system.

[DinoDoc]

Originally posted by Imran Siddiqui
The Supreme Court is interpreter of the Constitution.

The key word in that sentence is Constitution, not the national mood.

It is absolutely riduculous to have the legislature decide what that means.

What exactly is riduculous about saying that the people's representatives would be better at determining the national consensus (according to the Court's poor logic) than a group of people they had no hand in electing?

They are not entrusted with interpreting the Constitution. The Supreme Court has done its Constitutional duty.

I really wasn't aware that SCOTUS was entrusted was to make political judgements with barely a fig leaf of legal justification.

[Ogie Oglethorpe]

No doubt precedent etc. does play a vital role in our law making, however when one listens to the majority opinion speaking towards national consensus (with no data to support such a trend and truth be told data supporting the flipside arguement namely a majority of state that allow capital punishment likewise allow for DP for 16-17 yr olds) and attributing OUR laws to trends happening in the world then realistically one can call the majority decision legislating against the popular will of the people (or at least for those states employing the DP) despite the claim of the majority opinion.

All that being said, I still think it was a correct decision (based solely upon 18 yrs old consituting citizenship). But moreover disagree with the rationale posited by the majority opinion.