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06-25-2008, 04:15 PM | #11 | |
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I think life without parole would be appropriate here. |
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06-25-2008, 04:16 PM | #12 |
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You can't set policy based on the most egregious facts.
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06-25-2008, 04:24 PM | #13 | |
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I also find this specific case to be worthy of such a penalty. Are you suggesting that in order for my position to be sound, the phrase "the entire perineum was torn from the posterior fourchette to the anus" needs to be in the statute? As I said before, the second point here is whether or not the Court's reasoning is sound. You're making an argument they did not make. They based their decision on their assessment that a "national consensus" exists opposing this practice, nor in line with "evolving standards of decency." Are you comfortable with them being the judge of what constitutes a national consensus or standards of decency, or do you simply like their ruling because you agree with it, for your own reasons? I'm not advocating that. But we've already got hypotheticals expressed in this thread when no one is dealing with what actually happened. Forget policy for a moment ... read what happened to this girl. If the option were available to you as a juror, would that enough for you?
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"Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young Last edited by Tex; 06-25-2008 at 04:27 PM. |
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06-25-2008, 04:26 PM | #14 |
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Tex, what if there was no physical damage/injury. Would you still advocate the death penalty?
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06-25-2008, 04:27 PM | #15 |
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06-25-2008, 04:28 PM | #16 | |
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I believe this ruling overturns them all. Are you going to answer my questions?
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"Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young |
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06-25-2008, 04:31 PM | #17 | |
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06-25-2008, 04:35 PM | #18 | |
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But okay, if you want to talk from a strictly moral perspective, I still can't imagine a more appropriate penalty for this man. What he did is, in my moral opinion, worthy of death. Millstone around the neck and all that ...
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"Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young |
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06-25-2008, 04:36 PM | #19 |
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A bright line for no execution where no death results is sensible to me. Rape is terrible but usually life is not ended. This result does not trouble me.
In assessing the Eighth Amendment, the justices are trying to act as social weather vanes. It is a troubling manner to adjudicate matters, but as a pragmatist the result seems fair. No life to be taken where no life was taken.
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06-25-2008, 04:44 PM | #20 |
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Don't worry, Tex. I hear there's a decision on a 2nd amendment case coming down this week. I suspect you'll get your beloved conservative SCOTUS back then.
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Get your stinking paws off me, you damned, dirty Yewt! "Now perhaps as I spanked myself screaming out "Kozlowski, say it like you mean it bitch!" might have been out of line, but such was the mood." - Goatnapper "If you want to fatten a pig up to make the pig MORE delicious, you can feed it almost anything. Seriously. The pig is like the car on Back to the Future. You put in garbage, and out comes something magical!" - Cali Coug |
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