Capital Punishment: Should the Death Penalty Still Exist In A 'Civilised Society'?

And yes, hstencil, I agree, but you could pull a whole lot of issues and point to how they are extremely inconsistent vis a vis the issue of mitigating factors or historical precedent, in particular (the state legislature one is a little odder, they do seem more likely to tell the states to go done fuck themselves). It's like, ok, for example, part of Roe v. Wade cites that there WERE no anti-abortion laws prior to the 20th Century so therefore historical precedent says this is no one's business. However, historical precedent in cases like Debs or Abrams or Schenck (and I'm assuming whenever someone actually goes ahead and challenges Patriot Act) pretty much shows that the US didn't have draconian speech restrictions for 120 years and went thru several periods of tension/war without these laws but hey, dude, we gots to make you all shut yo' face. The 20th Century Court is wholly inconsistent, Holmes court v. Warren court v. Current Court etc.

Should I start a Supreme court thread?

btw everybody: http://www.ncadp.org/

Quite.

This is a no-brainer for a Supreme Court Justice cause when the states ratified the ban on cruel an unusual punishment they also included a provision for the execution of traitors.

Amendment V (1791)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Italics mine)

I'm sure in the late 18th century hanging was seen as neither cruel nor unusual.

xpost I know about the Alien and Sedition Act, that was prior to the period I deliniated (120 years)--it was a failed law, only applied occasionally, and was deplored by Jefferson (who called it something like a witch trial or a reign of witch trials or something similarly pat and quaint and 1700s-y). It was only on the books a short period and was never an issue dealt with by the Court (unlike, say, segregation issues). It couldn't be used as a precedent (and isn't mentioned as such in any of the decisions).

I just don't understand why everybody seems to think that actually performing the action of executing dangerous animals is somehow a horrible idea and should be completely dismissed.

I'm also beginning to think I may not share the kneejerk distrust of The State that seems to pervade this board. Shocker.

i imagine her like that girl in secretary, doggedly remaining in her seat on the S.C. bench, wetting her pants, etc.

Allyzay, rumors like that about justices retiring are spread every election year.

Yes, I understand it means nothing. Aren't they all like 100 years old now anyway?

I agree but I think that the promotion of equal protection under the law is paramount especially inasmuch as, from a revenge point of view, spending the rest of one's days incarcerated seems as cruel as death, and from a rehabilatory point of view death seems counter-productive.

xpost

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xpost Dan, I know, that's why I personally think the death penalty should be halted for now, the system is waaaaaaay too flawed and is not being used in any way I'd approve of persnoally.

yep, you only need to look at ILX for this (excuse sarcasm)

This was originally a morbid joke on my part. Unless anybody knows of any upstanding undead citizens, killing criminals is the ultimate expression of our determination of their un-rehabilatibility.

"This is the worst thing that I've ever seen in my career," said Johnson, a 33-year veteran of law enforcement. "The brutal force used against the victims ... it's indescribable."

Rehabilitate my ass. You're goddamn right it's about revenge. I'll be watching for a jury of the people of Florida to do the right thing and fry that guy.

*moves to Castro's Cuba*

[ asinine one liner not really germane to anything ]

*kills Nicky Wire*

In which case, the fault would appear to not solely be the murderers', strange to say.

i hate to joke about this stuff, but has anyone seen a picture of the cells there? its almost as bad as a studio apartment in manhattan.

xpost Impartiality is virtually impossible to begin with on any high profile case; the only answer to that is to shut down the press completely on reporting crime--whether or not the cop said a damn thing, people still could read the story and see for themselves that it is an absolutely horrific case, so I don't see how the cop per se is causing a problem for the prosecution.

my brain is addled from too much cream of broccoli soup.