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> speaking of pedos..., texas wants to kill them
Divergent Realit...
post Mar 7 2007, 12:10 PM
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http://www.chron.com/disp/story.mpl/ap/tx/4604407.html

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In a bill designed to crack down on sex offenders who repeatedly prey on children, the House voted to create a new category of crime — continual sexual abuse of a young child or children — that carries a minimum of 25 years to life in prison and possibly the death penalty for a second offense.


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Spectatrix
post Mar 8 2007, 11:10 AM
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I'm pretty sure they'd have to go back to court for re-sentencing if the higher courts deemed the death penalty unconstitutional in such cases.


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QUOTE (pebkac @ Oct 14 2006, 03:15 PM) *
You and your logic.

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pebkac
post Mar 8 2007, 09:19 PM
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QUOTE (Spectatrix @ Mar 8 2007, 11:10 AM) *
I'm pretty sure they'd have to go back to court for re-sentencing if the higher courts deemed the death penalty unconstitutional in such cases.


Well, the problem is that there wouldn't be any law to sentence them under if it were declared unconstitutional. And they couldn't sentence them under a new one because of the ex post facto clause of the constitution.


(I'm not a lawyer though, so this is conjecture on my part)

This post has been edited by pebkac: Mar 8 2007, 09:19 PM


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QUOTE (Spectatrix @ Oct 13 2006, 09:51 PM) *
Holy shit, pebkac, you're awesome!



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THECHICKEN
post Mar 9 2007, 06:23 PM
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QUOTE (pebkac @ Mar 8 2007, 09:19 PM) *
Well, the problem is that there wouldn't be any law to sentence them under if it were declared unconstitutional. And they couldn't sentence them under a new one because of the ex post facto clause of the constitution.
(I'm not a lawyer though, so this is conjecture on my part)


Thats what i was kinda getting at. They are passing a new law, not just forming a new sentencing for the guys. So in the very least, if only the death penalty was unconstitutional and they wanted to still preserve the law, they'd either have to give a new trial or new sentencing.

However, with it being a new law, if the only sentence for a "second" offender was the death penalty. And they are convicted on the ground of being a "second time offender", then they may very well walk, with there being no other thing to charge them with and no other sentence to give them.

Either way would be a waste of money and time...


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