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05-17-2010, 02:08 PM
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GreekChat Member
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SCOTUS strikes down juvenile sentencing law
In a 5-4 ruling, the Supreme Court ruled Monday that juvenile criminals cannot be sentenced to life in prison with no chance at parole for crimes other than homicide because it violates their Eighth Amendment right against Cruel and Unusual Punishment.
Justice Anthony Kennedy has the opinion of the Court. In it he writes that "The inadequacy of penological theory to justify life without parole sentences for juvenile nonhomicide offenders, the limited culpability of such offenders, and the severity of these sentences all lead the Court to conclude that the sentencing practice at issue is cruel and unusual."
Florida is the state with the most juvenile offenders (77) with life/no parole sentences and that is where this case comes from.
Kennedy says a categorical rule making such a sentence unconstitutional is necessary because otherwise "a court or jury will erroneously conclude that a particular juvenile is sufficiently culpable to deserve life without parole for a nonhomicide. It also gives the juvenile offender a chance to demonstrate maturity and reform."
The Court opinion also makes note of the fact the United States is the only country in the world that had allowed such a sentence. "While the judgments of other nations and the international community are not dispositive as to the meaning of the Eighth Amendment, the Court has looked abroad to support its independent conclusion that a particular punishment is cruel and unusual."
Justices Clarence Thomas, Antonin Scalia and Samuel Alito are in dissent. Chief Justice John Roberts agreed that the juvenile sentenced in this case, Terrance Graham, was excessive. He disagrees with the ruling that says all life without parole sentences for juveniles are cruel and unusual.
Justice Thomas writes that "Although the text of the Constitution is silent regarding the permissibility of this sentencing practice, and although it would not have offended the standards that prevailed at the founding, the Court insists that the standards of American society have evolved such that the Constitution now requires its prohibition. The news of this evolution will, I think, come as a surprise to the American people."
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Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-17-2010, 02:16 PM
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GreekChat Member
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Good for them....some of these cases were frankly shocking.
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AOII
One Motto, One Badge, One Bond and Singleness of Heart!
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05-17-2010, 02:16 PM
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Uncle Clarence thinks we should be surprised...
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Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-17-2010, 02:18 PM
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GreekChat Member
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Quote:
Originally Posted by DaemonSeid
Uncle Clarence thinks we should be surprised...
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He's just nostalgic for those good old days pre-bill o' rights!
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AOII
One Motto, One Badge, One Bond and Singleness of Heart!
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05-17-2010, 02:20 PM
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GreekChat Member
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Quote:
Originally Posted by AOII Angel
He's just nostalgic for those good old days pre-bill o' rights!
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I had a comment but bad things will happen if I say it...
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Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-17-2010, 02:21 PM
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GreekChat Member
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Join Date: Apr 2007
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Quote:
Originally Posted by DaemonSeid
I had a comment but bad things will happen if I say it...
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I know...I'm just instigating!
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AOII
One Motto, One Badge, One Bond and Singleness of Heart!
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05-17-2010, 02:22 PM
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GreekChat Member
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I know I know!!! But let's delay the train for once this week!
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Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-17-2010, 02:34 PM
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GreekChat Member
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Spoilsport!
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AOII
One Motto, One Badge, One Bond and Singleness of Heart!
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05-17-2010, 02:42 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
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Quote:
Originally Posted by DaemonSeid
Uncle Clarence thinks we should be surprised...
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Whaddya mean Uncle?
(the train just pulled into the station)
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SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
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05-17-2010, 02:49 PM
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GreekChat Member
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Quote:
Originally Posted by Kevin
Whaddya mean Uncle?
(the train just pulled into the station)
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Not THAT Uncle Kevin...at least not in THIS instance.
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Law and Order: Gotham - “In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.”
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05-17-2010, 04:39 PM
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GreekChat Member
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Join Date: Jul 2008
Posts: 804
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TROLL. Where is a troll image when I need one.
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AσΦαλως ' Ayαπωµεν Aλληλας έψιλονάλφα δέλτα δέλτα δέλτα
Last edited by jennyj87; 05-17-2010 at 04:52 PM.
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05-17-2010, 04:48 PM
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GreekChat Member
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Join Date: May 2009
Location: Taking flight
Posts: 2,585
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Quote:
Originally Posted by DaemonSeid
I know I know!!! But let's delay the train for once this week!
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Quote:
Originally Posted by pagliaci
blah blah blah racist bs
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DS if u don't bring the train, someone else will bring it for you. LOL
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"where my knights at!? why aren't ya'll representin??" - KASS
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05-17-2010, 04:48 PM
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GreekChat Member
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Join Date: Apr 2005
Posts: 13,578
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Quote:
Originally Posted by jennyj87
TROLL. Where is a troll image when I need one.
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Do a favor and unquote it though so the mods don't have to. Some things shouldn't be kept for posterity.
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From the SigmaTo the K!
Polyamorous, Pansexual and Proud of it!
It Gets Better
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05-17-2010, 04:52 PM
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GreekChat Member
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Join Date: Jul 2008
Posts: 804
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Quote:
Originally Posted by Drolefille
Do a favor and unquote it though so the mods don't have to. Some things shouldn't be kept for posterity.
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done and done 
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AσΦαλως ' Ayαπωµεν Aλληλας έψιλονάλφα δέλτα δέλτα δέλτα
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