Comments on: Cruel and unusual?

By: Kelly Henderson

Kelly Henderson — Mon, 18 May 2009 19:12:57 +0000

They are too exagerated sentences abominations as well. They shouldn't give them a life sentence with no parole before. It's terrible definitely.

By: N. E. Frye

N. E. Frye — Fri, 15 May 2009 18:23:24 +0000

You may well be right, but I'd rather see the Justices read the briefs before making a decision. What does the state law in question say, how has it been applied in the past, what are the details of the case, and what is the past record of the offender?

By: J. E. Bond

J. E. Bond — Fri, 15 May 2009 18:13:57 +0000

Two necessary attributes of justice are proportionality and consistency. The sentences imposed are disproportionate to the harm done. They are also not consistent with sentences for comparable criminal behavior by other offenders.

The cruel and unusual standard is insufficient to analyze evolved expectations for justice.

By: N. E. Frye

N. E. Frye — Thu, 07 May 2009 17:49:42 +0000

The two sentences do seem a bit extreme to me, but I'd not go as far as the Rev. In fact I think the Supreme's position re capital punishment for minors was going too far. It seems to me that if you took a list of guilty verdicts with the FEWEST mitigating and the MOST aggravating factors you'd probably find that a large number of these defendants are minors, and, in the words of Koko, the Lord High Executioner, "Might well be underground … They'd none of them be missed"

I obviously also doubt then that these cases are abominations, but a remand for either a resentencing or at least a very full explanation and listing of aggravating factors might be in order, preferably without a sweeping rule to cover any and all future instances.

By: The Reverend

The Reverend — Wed, 06 May 2009 20:25:48 +0000

No, minors should not be sentenced to life without parole.

The two cases you mention are abominations.