Mar 7 2007, 12:10 PM
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#1
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![]() Group: Agents Posts: 4,026 Joined: 23-February 06 From: lu-bok Member No.: 41 |
http://www.chron.com/disp/story.mpl/ap/tx/4604407.html
QUOTE 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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Mar 8 2007, 11:10 AM
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#2
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Group: Admin Posts: 6,906 Joined: 22-February 06 From: Austin Member No.: 9 |
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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Mar 8 2007, 09:19 PM
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#3
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![]() From Atlantis to Interzone Group: Global Moderators Posts: 2,512 Joined: 23-February 06 From: Somewhere in space and time Member No.: 65 |
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 -------------------- Holy shit, pebkac, you're awesome! "Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." - Theodor Seuss Geisel (AKA Dr. Seuss) "An idea that is not dangerous is unworthy of being called an idea at all." - Oscar Wilde |
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Mar 9 2007, 06:23 PM
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#4
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![]() Group: Members Posts: 1,302 Joined: 20-February 07 Member No.: 721 |
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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Divergent Reality speaking of pedos... Mar 7 2007, 12:10 PM
Psykopath Slippery slope to prescribe the death penalty for ... Mar 7 2007, 12:25 PM
griseyeux instead, why don't we just send them to prison... Mar 7 2007, 08:43 PM
THECHICKEN The sad thing about this is that the supreme court... Mar 7 2007, 09:27 PM
chook QUOTE (THECHICKEN @ Mar 7 2007, 09:27 PM)... Mar 8 2007, 02:21 AM
dauss What about those guards sexually molesting boys at... Mar 7 2007, 11:11 PM
Overlord forsaken better stay away from the police Mar 8 2007, 12:03 AM
FORSAKENR320 QUOTE (Overlord @ Mar 8 2007, 12:03 AM) f... Mar 8 2007, 05:55 PM
Spectatrix QUOTE (pebkac @ Mar 8 2007, 09:19 PM) Wel... Mar 10 2007, 09:17 PM
James QUOTE (Spectatrix @ Mar 10 2007, 09:17 PM... Mar 11 2007, 03:10 AM
pysex They just need space in prisons so it's easier... Mar 8 2007, 11:16 AM
pebkac Sigh... as if Texas doesn't ALREADY put enough... Mar 8 2007, 05:57 PM![]() ![]() |
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