Juvenile sentencing case to end

[Draggingtree]

Scotus Blog: Juvenile sentencing case to end

By Lyle Denniston on Feb 3, 2015 at 10:59 am

 

A case on life sentences for juveniles convicted of murder, set for review by the Supreme Court, will now be dismissed, under an agreement filed with the Justices on Monday. Toca v. Louisiana will be dismissed automatically, under the Court’s rules, after such an agreement.

 

The Justices were scheduled to hear the case on Monday, March 30, testing whether the Court’s 2012 decision in Miller v. Alabama will be applied to cases that had become final before that ruling. The Miller decision barred states from imposing mandatory sentences of life without parole on defendants convicted of murders committed when they were minors. George Toca has now been released from prison after a plea bargain with prosecutors, so there is no longer an active legal controversy over his sentencing.

[Cyber_Liberty]

If we turn all the murderers loose we can save a ton of court time and money. Isn't that the model being used by Holder to empty Gitmo and set loose thousands of illegal aliens within the US? Just sayin'.

[SrWoodchuck]

@Valin @Cyber_Liberty

 

Some people are alive, simply because it's illegal to kill them [if you believe in a just society].....others are pretty political pawns, used to salve the pseudo-sacred psyches of progressive elite moralists.

 

Here in Pointyland....we have "Mini-Soros" John Hickenlooper.....commuting a death sentence....er.....voting present....er...

acting by inaction to save a real gruesome monster from having his justice served:

 

Cowardly Colorado Governor Hickenlooper Commutes Death Sentence Until End of Term

http://www.redstate.com/2013/05/27/cowardly-colorado-governor-hickenlooper-commutes-death-sentence-until-end-of-term/

 

 

(He's the idiot on the right....but still as left as the flaming idiot on his left)

 

 

When faced with a question of clemency or justice, Hickenlooper gave himself a pardon from responsibility.

 

In Colorado, the fate of convicted murderer Nathan Dunlap has been an issue of great debate. This past week, the governor of Colorado, John Hickenlooper, made what has to be one of the most cowardly decisions ever seen in politics by putting a man’s life and the expectations of his victims on hold just long enough to take the decision out of his hands.

 

In 1993, Nathan Dunalap waltzed into a Chuck E. Cheese in Aurora, Colorado which he had previously worked at, and shot 4 employees to death, wounding a fifth. Some of the victims were as young as 17. Dunlap was 19 at the time.

 

As is traditionally the situation in death penalty cases, there were those looking to stop the execution and those pushing for justice. Governor Hickenlooper, already famous in Colorado for his inability to take a strong position or make difficult decisions, had to decide which direction to take: clemency or execution. Incredibly, he found a way to do neither, instead pushing the decision onto the shoulders of his successor by using an executive order to issue a “temporary reprieve” blaming his decision on an “imperfect system.” The reprieve will likely stand for the remainder of Hickenlooper’s term and require a new governor to order its removal.

 

“Obviously this has weighed heavily on me for over a year now and it was obvious that inaction wasn’t an option,” said at a press conference Wednesday. And yet, inaction is precisely what he’s done. It’s also worth noting that while he was “heavily weighing” the situation and families were waiting in the wings to find out whether justice would be served for their loved ones, Hickenlooper was partying with the Denver Broncos.

 

To add insult to injustice, it appears there is a possibility that Hickenlooper made his fateful indecision at the behest of an overzealous staffer that was threatening to quit if he didn’t offer clemency.

 

Dennis O’Connor, the father of victim Colleen O’Connor (17), appeared on the Michael Brown Show on Thursday and took Hickenlooper and his staff to task over the “decision.” In the devastatingly heart breaking interview, O’Connor discusses how Hickenlooper’s Chief of Staff, Roxanne White, tweeted that the death penalty was “barbaric,” a word that should be reserved instead only for this murderous fiend who bragged to his cell mate that O’Connor’s daughter begged for her life on her knees to which he replied by smiling and shooting her in the face. This monster went on to say it was “better than sex.” Forgive me, but that is barbaric.

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This happened during his campaign to be re-elected......making it especially egregious....as it wasn't made with a sincere conviction in the morality of the death penalty....it was a political expediency.

 

Then again, what low can a Progressive not plumb....in the battle to remain relevant elected.

[Draggingtree]

life sentences for juveniles with out parole

is the subject of this post and my comment.

this reform is long past due.

[SrWoodchuck]

 

life sentences for juveniles with out parole

is the subject of this post and my comment.

this reform is long past due.

 

 

Societal, biological & cultural factors are involved in teen crime. Hormones influence behavior as much as societal & familial structure.

 

We can all be objective about teen criminals, but if they harm or kill our own family or friends....we'll certainly have different & subjective opinions.

 

So, is it right to have laws apply equally for all.....or should we have a different scale & structure for each sub category & group of citizens?

 

If we are logical we must assume that each case carries it's own facts.

 

Eighteen is considered the age of majority, emancipation....and legal adulthood.

 

It is said that a human personality is 'set' by the age of 5. The Catholic church has used the age of 7, as the defining point for a human to understand reason.

 

Most states assume that children under 7 cannot have the ability to reason as to their actions.

 

Those from age 7 to 14 are also considered, as possibly not capable of "mens rea"....or the ability to have a "guilty mind," which is necessary for conviction of a crime.

 

Even though quite a few teenagers [13-18] in the nebulous area....may plead "not guilty;" due to lack of parental attention, or the bombardment of sexual stimulus & "pop culture" through the media & peer pressure....I believe most teens in that sub-group are capable of knowing right from wrong.

 

They certainly know that if they commit pre-meditated murder....they shouldn't hang around to get caught.

 

My opinion is that society should not have rules enforced upon it, about sentencing.

 

If ample facts are established as to:

 

1.) the teen perpetrator committed the crime

 

2.) the teen possesses "compos mentis" or a sound mind

 

....the punishment should be the same for a 15 year old, as for a 35, or 50 year old. (If there is a record of past indictable offenses, all the better)

 

Each crime should be judged on it's own merit....and a 13-18 year old monster should be removed from society, since it is for the protection of the society they have harmed.

 

If a teen commits a crime that merits death, or life without parole....so be it.

 

***************************************************************************************

 

There....did that with punctuation & no bold.

[Valin]

 

life sentences for juveniles with out parole

is the subject of this post and my comment.

this reform is long past due.

 

 

 

It's the life sentence without parole that is a problem.

[Draggingtree]

 

 

life sentences for juveniles with out parole

is the subject of this post and my comment.

this reform is long past due.

 

 

 

It's the life sentence without parole that is a problem.

 

You are correct without parole that is the problem.