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  #1  
Old 05-17-2010, 02:08 PM
DaemonSeid DaemonSeid is offline
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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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Old 05-17-2010, 02:16 PM
AOII Angel AOII Angel is offline
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Good for them....some of these cases were frankly shocking.
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Old 05-17-2010, 02:16 PM
DaemonSeid DaemonSeid is offline
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Uncle Clarence thinks we should be surprised...
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  #4  
Old 05-17-2010, 02:18 PM
AOII Angel AOII Angel is offline
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Originally Posted by DaemonSeid View Post
Uncle Clarence thinks we should be surprised...
He's just nostalgic for those good old days pre-bill o' rights!
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  #5  
Old 05-17-2010, 02:20 PM
DaemonSeid DaemonSeid is offline
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Originally Posted by AOII Angel View Post
He's just nostalgic for those good old days pre-bill o' rights!
I had a comment but bad things will happen if I say it...
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  #6  
Old 05-17-2010, 02:21 PM
AOII Angel AOII Angel is offline
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I had a comment but bad things will happen if I say it...
I know...I'm just instigating!
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Old 05-17-2010, 02:22 PM
DaemonSeid DaemonSeid is offline
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I know I know!!! But let's delay the train for once this week!
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Old 05-17-2010, 02:34 PM
AOII Angel AOII Angel is offline
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Spoilsport!
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  #9  
Old 05-17-2010, 02:42 PM
Kevin Kevin is offline
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Uncle Clarence thinks we should be surprised...
Whaddya mean Uncle?

(the train just pulled into the station)
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Old 05-17-2010, 02:49 PM
DaemonSeid DaemonSeid is offline
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Whaddya mean Uncle?

(the train just pulled into the station)
Not THAT Uncle Kevin...at least not in THIS instance.
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  #11  
Old 05-17-2010, 04:39 PM
jennyj87 jennyj87 is offline
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TROLL. Where is a troll image when I need one.
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Last edited by jennyj87; 05-17-2010 at 04:52 PM.
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Old 05-17-2010, 04:48 PM
dreamseeker dreamseeker is offline
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Quote:
Originally Posted by DaemonSeid View Post
I know I know!!! But let's delay the train for once this week!
Quote:
Originally Posted by pagliaci View Post
blah blah blah racist bs
DS if u don't bring the train, someone else will bring it for you. LOL
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Old 05-17-2010, 04:48 PM
Drolefille Drolefille is offline
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TROLL. Where is a troll image when I need one.
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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  #14  
Old 05-17-2010, 04:52 PM
jennyj87 jennyj87 is offline
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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.
done and done
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