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Why Roper v. Simmons Was Wrong

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Let me just give you three paragraphs of today's story.  It doesn't require a lot of explanation:


James Francis Edwards Jr., 15, and Chancey Allen Luna, 16, were charged with murder. A third teenager, Michael Dewayne Jones, 17, was charged with being an accessory to murder after the fact and with firing a weapon. All were charged as adults, according to the Stephens County District Attorney's Office.

The charges were unveiled at a hearing in Duncan, Okla. The ballplayer, Christopher Lane, was visiting the town, where his girlfriend lives, the police chief told The Associated Press. He passed a home where the teens were staying and was gunned down at random, the chief said....

They saw Christopher go by, and one of them said: 'There's our target,'" the chief, Danny Ford, told the AP. "The boy who has talked to us said, 'We were bored and didn't have anything to do, so we decided to kill somebody.'"

Yes, Justice Kennedy, I'm sure these guys, being juvenile, had no clue that murdering a person chosen at random, and out of boredom, is wrong.  Brain development, dontcha know.

4 Comments

Don't forget, Bill, that Justices Breyer and Ginsburg signed off on this nonsense as well.

In any event, what's even more appalling is that the Gang of Four and Justice Kennedy have teamed up to take LWOP off the table for these thugs.

Sotomayor even thinks these thugs ought to have the franchise while incarcerated.

"In any event, what's even more appalling is that the Gang of Four and Justice Kennedy have teamed up to take LWOP off the table for these thugs."

How do you figure that? Oklahoma's statute is among those listed as discretionary and not overturned by Miller. See footnote 10, citing Alabama Brief 25.

I perused Ruper and like many things in our society it is based on faulty science i.e. that there is some magic cut off date for intellectual maturity. This shouldn't be surprising - way too many people believe that global warming is not caused by humans, evolution is false, vaccinnations are bad etc....

The 18 cut off doesn't even pass the smell test - an 18 year old can biologically reproduce, it is about 50% of the average pre-industrial human life span etc....I've always felt that treating people like babies (can't drink till 21, can't enter into a contract) makes them act like babies, or at least very irresponsibly like say killing people for no reason.

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