California Man Sues Traffic Court Over Conflict Of Interest - [image: Judicial Council]Every judge in a California traffic court case has a personal financial stake in the verdict, and that violates the due process ri...
4 hours ago
"The Supreme Court is dead wrong.however, if you read the louisiana supreme court's opinion from page thirty-eight where they discuss and then reject the eighth amendment, you will see that it was they who perceived a national consensus calling for the death penalty for child rape.
"It is fundamentally improper for the Supreme Court to base an important decision like this on its 'independent judgment' about a perceived 'national consensus against capital punishment for the crime of child rape.' The opinion reads more like an out-of-control legislative debate than a constitutional analysis." ~ read the complete statement
The state court next asked whether “child rapists rank among the worst offenders.” Id., at 788. It noted the severity of the crime; that the execution of child rapists would serve the goals of deterrence and retribution; and that, unlike in Atkins and Roper, there were no characteristics of petitioner that tended to mitigate his moral culpability.Id., at 788–789.what is clear, is that the louisiana supreme court, less chief justice calagero in this case, are far more interested in playing politics even when it involves someones life than they are in arriving at proper opinions and judgments within the law.
It concluded: “[S]hort of first-degree murder, we can think of no other non-homicide crime more deserving [of capital punishment].” Id., at 789.
On this reasoning the Supreme Court of Louisiana rejected petitioner’s argument that the death penalty for the rape of a child under 12 years is disproportionate and upheld the constitutionality of the statute.
Chief Justice Calogero dissented. Coker, supra, and Eberheart v. Georgia, 433 U. S. 917 (1977), in his view, “set out a bright-line and easily administered rule” that the Eighth Amendment precludes capital punishment for any offense that does not involve the death of the victim. 957 So. 2d, at 794.
Posted by wst... at 18:46