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Home » News » Editor Favorites

Thursday, June 26, 2008

Louisiana vows to nullify child-rape ruling

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Justices deem death penalty too harsh for crime

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KYJurisDoctor

While I can see why an action that does not kill anyone, or is not intended to kill anyone, can be said to not merit a death penalty, the Court's majority opinion leaves a LOT to be desired, that's for sure! OsiSpeaks[dot]com
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debangevine

The Supreme Court's decision is exactly why we must have more conservative judges appointed.
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Thetruthstartshere

So if this girl commits suicide, because she is now unstable due to the trauma this scum bag placed on her, can the state then go execute him? As far as I am concerned his actions led to her death. This shows the perverse minds of liberals.
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Cobra

"Supreme Court Justice Anthony M. Kennedy, writing for the majority, said Louisiana's law violates the Eighth Amendment's protection against cruel and unusual punishment." The definitions of crimes and the assignment of punishments for those crimes are legislative decisions and not judicial ones. Judges do NOT decide what is or is not a crime so they CAN NOT decide what is appropriate punishment for that crime. As far as their argument of which punishment constitutes "cruel and unusual punishment," it is the state and federal legislatures that defines what is, or is not, "cruel and unusual" in the punishments it assigns to criminal activities. The courts have no authority in this matter. As with all citizens, no matter what their position in government may or may not be, the judicial members of the courts should abide by the law as defined by the legislative branch of the government. If this means that the legislative branch of the government decides that a crime is deemed abhorrent enough to warrant a death penalty, then so be it. The courts should not intervene. When we allow the courts to supplant the authority of the legislative (or administrative) branch of government and continue to allow the courts to define the laws and policies which, by law (and according to the Constitution) are assigned to specific, and SEPARATE, branches of the government, as this court has done several times in the past, then we surrender ALL legislative and administrative functions to the courts and that's unconstitutional and it leads to judicial tyranny. Someone, like the legislative branch of the government, needs to remind the courts that they are NOT the supreme authority in this country and that there are limits as to their authority and control over government functions. There is a perfectly good method for this message, and that is IMPEACHMENT! It's time, and past time, that Congress assert thier authority over Judges and remove those Judges who exceed their Constitutional authority.
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