Justice Stevens says the US would be better off without the death penalty.

terrya

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Wed May-12-04 06:13 PM
Original message

Justice Stevens says the US would be better off without the death penalty.

Edited on Wed May-12-04 06:25 PM by terrya

He's says it's constitutional...I disagree, because of the Constitution's prohibition against cruel and unusual punishment. But I sure agree with him that we would be better off without it.

http://news.yahoo.com/news?tmpl=story&u=/ap/20040512/ap_on_go_su_co/death_penalty_stevens

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Jacobin

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Wed May-12-04 06:20 PM
Response to Original message

1. Good on him.

He also dissented from the bush v gore decision.

He's an actual judge and not a traitor.

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UCLA02

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Wed May-12-04 06:27 PM
Response to Reply #1

3. The last 2 sentences of that dissent are INCREDIBLE!

"Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law."

BUSH v. GORE
531 US at 128-29

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UCLA02

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Wed May-12-04 06:24 PM
Response to Original message

2. Well, the constitutional argument is a bit deeper...

than just the 8th Amendment. The 5th Amendment contemplates the deprivation of "life" only in concert with due process, but of course the 5th Amendment doesn't require a death penalty, and that's where the "cruel and unsual" argument would be used.

But I agree with you and Justice Stevens 100% that we don't need it.

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arwalden

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Wed May-12-04 06:29 PM
Response to Original message

4. And Justice Stevens Would Be Correct! (!!!!!!!!!!!!!!!!!!!!!!!!!)

Other than for REVENGE... it just makes no sense whatsoever. Once the convict is executed, he's dead. He doesn't care anymore, because he's dead. The punishment ends (early) while other offenders of lesser crimes spend a longer time in jail than he did waiting for his execution. That's not fair.

Even if people believe in a god and that the convict will be punished in the afterlife... doesn't he merely need to "accept Christ... bla-blah-bla". BINGO! Hi Peter... I'm here, let me in.

If'n you believe such things, sounds like a good deal... and again, the punishment has ended early, and the convict goes on to his reward in Heaven.

Not quite fair, is it?

-- Allen

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