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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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Spectatrix
post Mar 10 2007, 09:17 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)

*looks at article again*

Oh, completely new category of crime. I thought it was simply new sentencing options. Never mind.


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

QUOTE (Foamy)

http://xkcd.com/386/
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James
post Mar 11 2007, 03:10 AM
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QUOTE (Spectatrix @ Mar 10 2007, 09:17 PM) *
*looks at article again*

Oh, completely new category of crime. I thought it was simply new sentencing options. Never mind.


To get around it, just charge and convict them on two counts: one for sexual offense and one for repeat offender. If repeat offender is ruled unconstitutional, then the sexual offense count is still there to keep the offender in jail for at least a year or two.


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