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re: Death Penalty Ruled Unconstitutional in California

Posted on 7/16/14 at 4:22 pm to
Posted by infantry1026
Louisiana
Member since Jan 2010
6040 posts
Posted on 7/16/14 at 4:22 pm to
Have you ever stood over the body of a child under two years old, which had been beaten to death?

I didn't think so.....STFU
Posted by NHTIGER
Central New Hampshire
Member since Nov 2003
16188 posts
Posted on 7/16/14 at 4:26 pm to
quote:

Time for the other 49 states to follow suit.


18 states have no death penalty.
Posted by infantry1026
Louisiana
Member since Jan 2010
6040 posts
Posted on 7/16/14 at 4:26 pm to
quote:

I think if its a confession or there is DNA evidence, then the Death Penalty should be on the table. As for circumstantial evidence resulting in a conviction, I don't think the death penalty should be available.


This I do agree with.....the death penalty should be exercised only on open and shut cases with witnesses and DNA evidence.

There are some instances where you KNOW that the defendant is guilty and should die, but the evidence is not definitive enough for an execution. That is my only problem with our (mine and your) way of thinking on this subject.
Posted by Old Hellen Yeller
New Orleans
Member since Jan 2014
9415 posts
Posted on 7/16/14 at 4:26 pm to
Good. State murder is one penalty that can't be reversed when a victim is later proven innocent.
Posted by mtntiger
Asheville, NC
Member since Oct 2003
26637 posts
Posted on 7/16/14 at 4:39 pm to
That's the way I read it, too. So, by that logic, there are two options:

1. Do away with the death penalty altogether; or

2. Have a time limit on appeals and get it over with.
Posted by FelicianaTigerfan
Comanche County
Member since Aug 2009
26059 posts
Posted on 7/16/14 at 5:01 pm to
quote:

cruel and unusual punishment.


There was a time in our nations history that a life sentence was considered cruel and unusual punishment. If you were found to be unfit to live free in society you were executed and spared a life behind bars. I guess cable tv, ac, and other prison comforts changed that line of thinking
Posted by themunch
Earth. maybe
Member since Jan 2007
64655 posts
Posted on 7/16/14 at 5:05 pm to
I want that shite expedited anyways


Like Judge Roy Beans


Try and hang, alldone
Posted by Rickety Cricket
Premium Member
Member since Aug 2007
46883 posts
Posted on 7/16/14 at 5:06 pm to
quote:

I'm against the death penalty because our prosecutors and police are so incompetent

This

And god forbid a state reach its own decision on an issue.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 7/16/14 at 5:10 pm to
I wonder how the 9th Circuit Court of Appeals and/or the Supreme Court are going to react to this ruling when California appeals the ruling. I would think they have already considered the state's death penalty system for compliance with Supreme Court's Gregg v. Georgia ruling.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46507 posts
Posted on 7/16/14 at 5:19 pm to
In my experience, a person's stance on this issue is very predictable after a short social/life history. Once you are exposed to certain things and a greater amount of those things, the death penalty becomes less and less morally offensive. More often than not those who are against it have some form of ideological belief about how the world is or should be that isn't congruent with reality.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48309 posts
Posted on 7/16/14 at 5:23 pm to
quote:

I'm opposed to the death penalty as well, but this obvious usurpation of authority by the judiciary is dangerous. How in the world does that Federal judge think he can rule the death penalty unconstitutional after 200 years of its legal existence under that constitution without a change in the constitution?


I haven't read the opinion but what it sounds like is the judge is saying that waiting years between conviction and sentencing with the possibility of capital punishment looming is what is "unusual" and it violation of the Eighth, not the death penalty itself.
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 7/16/14 at 5:50 pm to
quote:

I have an alternative to the DP. Sentence the perp to solitary for life. Put a tv screen and sound system he can't get to. Have it on a loop playing the same The View episode over and over again at high volume until he kills himself:


Now that would be cruel and unusual punishment.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20864 posts
Posted on 7/16/14 at 5:50 pm to
I foresee an "evolving standards of decency" argument cropping up around this.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48309 posts
Posted on 7/16/14 at 5:54 pm to
That is the standard for the Eighth Amendment
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47603 posts
Posted on 7/16/14 at 5:58 pm to
I'm a fan of the death penalty. I just hate the way it is implemented. IMO in cases where there is a confession,DNA, video evidence, or more than two independent eye witnesses, the appeal process should be eliminated and the sentence should be carried out within six months of sentencing. In other cases, the convicted should be limited to a single appeal (barring the introduction of new evidence) with the sentence to be carried out in no longer than two years.
This post was edited on 7/16/14 at 6:01 pm
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84849 posts
Posted on 7/16/14 at 6:07 pm to
quote:

California is a total joke. frick that state


some people just can't handle other points of view
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84849 posts
Posted on 7/16/14 at 6:08 pm to
quote:

More often than not those who are against it have some form of ideological belief about how the world is or should be that isn't congruent with reality.



and yet while you don't trust the government to administer a food stamp program, you do trust it to carry out murder
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67866 posts
Posted on 7/16/14 at 6:09 pm to
States rights.

ETA: I take this back.

Ruling done by an unelected judge. So states rights got fricked over.
This post was edited on 7/16/14 at 6:41 pm
Posted by ctiger69
Member since May 2005
30612 posts
Posted on 7/16/14 at 6:12 pm to
California is easily the most backwards state in the entire country.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260351 posts
Posted on 7/16/14 at 6:12 pm to
quote:

you do trust it to carry out murder


You probably mean Homicide. Murder is something completely different.
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