|
Post by winstonwolfe on Apr 24, 2024 21:45:29 GMT
As fun as it sounds, there's no way this gets past the 8th Amendment Maybe that's part of his gamble. Agree to the lesser plea and then count on the physical part getting overturned. A move like that takes a lot of balls.But considering he's already getting a 50 year sentence I can't help wondering what type of sentence he was looking at if he went to court instead. He's already gonna be locked up for the rest of his life. ………
|
|
|
Post by Just Casey on Apr 24, 2024 21:57:13 GMT
He deserves it.
|
|
|
Post by TheGoodMan19 on Apr 24, 2024 22:00:54 GMT
|
|
|
Post by Just Casey on Apr 24, 2024 22:06:12 GMT
Someone fucked up. Surely the sentence should have been 50 years in prison OR physical castration. Not both! What the fuck is this poor dude gonna do in jail if he can't jerk off? I'm all for severe punishment, but this seems unduly harsh. I was so shocked I couldn't read past the first paragraph. So tell me, was this statutory rape the poor bugger committed, or the real thing? He deserves No Mercy. GA too.
|
|
|
Post by shadrack on Apr 24, 2024 22:08:04 GMT
Thing is, it doesn't have to. It just has to get past the Supreme Court's interpretation of the 8th amendment, which is something else entirely.
Given the current make up of the court, I wouldn't be entirely surprised if they let it stand.
Look at how many times the Appellate courts have an issue with lethal injection and the 8th. No judge is going to allow physical dismemberment. That's a dangerous door to open. What comes later, taking off the hand of a pickpocket?
SC judges are not like other judges. It's the last job most of them will have, and they cannot be overruled, so they don't need to give a flying fvck what anyone else thinks of their rulings, and it's clear some of them don't.
|
|
|
Post by TheGoodMan19 on Apr 24, 2024 22:12:02 GMT
Look at how many times the Appellate courts have an issue with lethal injection and the 8th. No judge is going to allow physical dismemberment. That's a dangerous door to open. What comes later, taking off the hand of a pickpocket?
SC judges are not like other judges. It's the last job most of them will have, and they cannot be overruled, so they don't need to give a flying fvck what anyone else thinks of their rulings, and it's clear some of them don't.
There's no fucking way any appellate judge doesn't throw this out for the 8th. It's the very definition of Cruel and Unusual
|
|
|
Post by 𝔅𝔞𝔰𝔱𝔦𝔞𝔫 𝔅𝔞𝔩𝔱𝔥𝔞𝔷𝔞𝔯 𝔅𝔲𝔵 on Apr 24, 2024 22:13:20 GMT
Might as well give him the full William Wallace treatment, while they're at it. Or the Hugh Despenser treatment: In Froissart's account of his execution, Despenser was tied firmly to a ladder and his genitals sliced off and burned while he was still conscious.
|
|
|
Post by shadrack on Apr 24, 2024 22:22:06 GMT
SC judges are not like other judges. It's the last job most of them will have, and they cannot be overruled, so they don't need to give a flying fvck what anyone else thinks of their rulings, and it's clear some of them don't. There's no fucking way any appellate judge doesn't throw this out for the 8th. It's the very definition of Cruel and Unusual
In that case, what prevents the losing party (the State of Louisiana, I guess?) from appealing to a higher court?
|
|
|
Post by TheGoodMan19 on Apr 24, 2024 22:26:43 GMT
There's no fucking way any appellate judge doesn't throw this out for the 8th. It's the very definition of Cruel and Unusual
In that case, what prevents the losing party (the State of Louisiana, I guess?) from appealing to a higher court?
I'm not sure a state can appeal the commutation of a sentence. You see a lot of death penalties commuted to life without. Never heard of the state appealing that.
|
|
|
Post by Power Ranger on Apr 24, 2024 22:30:42 GMT
|
|
|
Post by thekindercarebear (A/S/L) on Apr 24, 2024 22:35:23 GMT
|
|
|
Post by shadrack on Apr 24, 2024 22:36:42 GMT
In that case, what prevents the losing party (the State of Louisiana, I guess?) from appealing to a higher court?
I'm not sure a state can appeal the commutation of a sentence. You see a lot of death penalties commuted to life without. Never heard of the state appealing that.
I'm no lawyer, but my understanding is that commutation is a power reserved for the executive branch. If an appellate court were to strike down the sentence in some way, it would not be considered a commutation.
|
|
|
Post by ayatollah on Apr 24, 2024 22:37:57 GMT
I say give him a tire iron beating and then hang him.
|
|
|
Post by mrellaguru on Apr 24, 2024 22:49:59 GMT
I don't even understand the point of the castration when he'll be in prison for the rest of his life anyway.
|
|
|
Post by TheGoodMan19 on Apr 24, 2024 22:51:21 GMT
I'm not sure a state can appeal the commutation of a sentence. You see a lot of death penalties commuted to life without. Never heard of the state appealing that.
I'm no lawyer, but my understanding is that commutation is a power reserved for the executive branch. If an appellate court were to strike down the sentence in some way, it would not be considered a commutation.
I'm no lawyer either. My brother is but he isn't home. Good thing I'm not in jail
|
|