You must not have read the decision because it makes specific reference to a child rapist being executed in 1964. Executed not strung up.
THE LAST execution over 40 years ago ??? C'mon Baron... as a general rule we have accepted as a society ,and in each our states , that this alone is not a capital offense ...
If you can prove to me otherwise than the Court is not far off in saying we have evolved ... common sense will tell you that
One execution over 40 years ago ??? C'mon Baron... as a general rule we have accepted as a society and in each our states this alone is not a capital offense ...
If you can prove to me otherwise ... that this has been common place than the Court is not far off in saying we have evolved ... common sense will tell you that
IMHO, it isnt the SCOTUS' job to tell us when we have evolved. Its their job to insure that the laws of the land comply with the constitution... as it was written or has it is amended.
It is the job of the AMERICAN PUBLIC working with the system in place to provide Amendments to the constitution when we colletively decide we have evolved. (see the 15th, 19th and 24th amendments.)
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Since we have gone down the constitutional track, I think siting the laws of other nations in either an opinion or a minority dissent opinion should be ground for impeachement.
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Majority opinion p. 16
In 1925, 18 States, the District of Columbia, and the Federal Government had statutes that authorized the death penalty for the rape of a child or an adult. See Coker, supra, at 593 (plurality opinion). Between 1930 and 1964, 455 people were executed for those crimes.
Dissent on page 54
but the Court fails to mention that litigation regarding the constitutionality of the death penalty brought executions to a halt across the board in the late 1960’s. In 1965 and 1966, there were a total of eight executions for all offenses, and from 1968 until 1977, the year when Coker was decided, there were no executions for any crimes.
This is what's missing in this montage of facts .... How many of these 18 states changed/reversed their laws authorizing the death penalty for rape since 1925 ....???
That would be an interesting analysis and pertinent.
Yes there was a brief hiatus of executions across the board... but it's still a 30 year window in which as a society we have not practiced this ....
So once again ... my claim that this has been an exception in modern society rather than the rule still stands ...
As conservatives we need to be consistent ... one of the major arguments we made to bring this back was a life for a life and now I here some of my compadres "adding" to the list. Who's next debtors?
This is what's missing in this presentation .... How many of these 18 states change their laws authorizing the death penalty since 1925 ....
Yes there was a brief hiatus of executions ... but it's still a 30 year window in which as a society we have not practiced this ....
So once again ... my claim that this has been an exception rather than the rule still stands ...
As conservatives we need to be consistent ... one of the major arguments we made to bring this back was a life for a life and now I here some of my compadres "adding" to the list.
I think your question is a bit off. All law was tossed by the SCOTUS in the 1960s only after the Death Penalty was reinstituted did new laws in the states allow any death penalty. Only now has 1 state created such a law.
IMHO it is still part of a failed system and therefore part of a general failure by our society to deal with crime and the contributors to crime.
__________________ If I do something stupid blame the Lortab!
This is what's missing in this montage of facts .... How many of these 18 states changed/reversed their laws authorizing the death penalty for rape since 1925 ....???
That would be an interesting analysis and pertinent.
Yes there was a brief hiatus of executions ... but it's still a 30 year window in which as a society we have not practiced this ....
So once again ... my claim that this has been an exception in modern society rather than the rule still stands ...
As conservatives we need to be consistent ... one of the major arguments we made to bring this back was a life for a life and now I here some of my compadres "adding" to the list.
Wrong again. Its not 30 years, this law was passed in 1995 cutting another 13 years from your time frame and living us with less than 20 years from the time the SC allowed executions in States again until the passage of the law. And you have strayed from the argument, the SC misconstrued the facts to arrive at this decision.
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"Beware lest you lose the substance by grasping at the shadow." ~Aesop
I think your question is a bit off. All law was tossed by the SCOTUS in the 1960s only after the Death Penalty was reinstituted did new laws in the states allow any death penalty. Only now has 1 state created such a law.
IMHO it is still part of a failed system and therefore part of a general failure by our society to deal with crime and the contributors to crime.
So we must look at the states that did institute this after the hiatus ...??
But still looking at which states were eliminating this from their books is still pertinent ... to show "evolving" towards not implementing this practice.
How many states had this as law ... right when the hiatus happened is pertinent ...
So we must look at the states that did institute this after the hiatus ...??
But still looking at which states were eliminating this from their books is still pertinent ... to show "evolving" towards not implementing this practice.
ahhh, but it is expressly NOT the job of the court to detrmine our evolution.
__________________ If I do something stupid blame the Lortab!
Furman v. Georgia, 408 U.S. 238 (1972): Death penalty under current statutes is "abitrary and capricious" and therefore unconstitutional under the Eighth and Fourteenth Amendments. Oral arguments to the case are available online (using RealAudio) from Oyez Oyez Oyez.
Coker v. Georgia, 433 U.S. 584 (1977): Death penalty for the rape of adult women declared unconstitutional because the sentence was disproportionate to the crime. Twenty prisoners from around the country were removed from death row as a consequence of this decision.
Was there just as much outrage for the Coker decision .... Were conservatives screaming all RAPISTS need to die???
My gut tells me this recent decision to execute child rapists is about a modern wave to capitalize on people's emotions.
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