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Justice Breyer: 'Time to Reconsider the Constitutionality of Death Penalty'
Newsmax ^ | Monday, 12 Dec 2016 02:47 PM | Mark Swanson

Posted on 12/13/2016 1:17:43 AM PST by Olog-hai

In a dissenting opinion he wrote Monday, Supreme Court Justice Stephen Breyer said the “time has come for this Court to reconsider the constitutionality of the death penalty.”

The Supreme Court refused to hear the case of a man who was sentenced to death 40 years ago in Florida. Breyer said that amounted to cruel and unusual punishment.

When Henry Sireci “was first sentenced to death, the Berlin Wall stood firmly in place. Saigon had just fallen. Few Americans knew of the personal computer or the Internet,” Breyer wrote. …

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Florida
KEYWORDS: breyer; deathpenalty; sireci; supremecourt
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Time for Breyer to step down.
1 posted on 12/13/2016 1:17:43 AM PST by Olog-hai
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To: Olog-hai

Better to consider term limits for SC judges.

As for the death penalty, a major rework is needed. No stays beyond 10 years. No appeals beyond 2. Not cruel or unusual, just swift and sure.

It’s beyond ridiculous at this point, bending over backwards for murderers that didn’t give a wit about their victims pain and suffering.


2 posted on 12/13/2016 1:26:07 AM PST by Bullish
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To: Olog-hai

Breyer’s buddy stabbed the owner of a used car lot fifty times. What an awful way to go.


3 posted on 12/13/2016 1:26:10 AM PST by Dagnabitt (Trump - Because countries without Islamic immigration are countries without Islamic terrorism.)
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To: Olog-hai

The Constitution SPECIFICALLY contemplates the death penalty. It CAN’T be unconstitutional.


4 posted on 12/13/2016 1:26:38 AM PST by Castigar
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To: Castigar

Exactly right. Breyer needs to have the text of the Fifth Amendment tattooed onto his eyelids.


5 posted on 12/13/2016 1:28:16 AM PST by Olog-hai
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To: Olog-hai

I don’t understand why we don’t use the same pills that the Nazis bit into and immediately died.


6 posted on 12/13/2016 1:31:12 AM PST by laweeks
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To: Olog-hai

Time to consider Amending the Constitution from the Bench.
They can strike down the 2nd Amendment, too, by the same reasoning.


7 posted on 12/13/2016 1:35:01 AM PST by arthurus (Mrs Clinton is The Great Conniver.)
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To: Bullish

The same guy who prophesied that Trump would be elected, also prophesied that he would have FIVE SC justices to replace - one would die(Scalia), two would retire, and two would RESIGN in disgrace. This is the most astonishing election in my memory.


8 posted on 12/13/2016 1:45:59 AM PST by Flaming Conservative
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To: Olog-hai

The death penalty is only cruel and unusual if we sentence a person to death that was wrongly convicted, and we know that has happened.


9 posted on 12/13/2016 1:46:43 AM PST by Timpanagos1
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To: Flaming Conservative

Are you speaking of Kim Clement? Please direct me to a link, I’m unaware of this.


10 posted on 12/13/2016 1:57:53 AM PST by RegulatorCountry
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To: arthurus

“Time to consider Amending the Constitution from the Bench.” No, too much has been screwed up from corrupted judges and it’s time for the power of the Judicial Court to be reigned back in to moderating decisions - not enacting law.


11 posted on 12/13/2016 2:04:08 AM PST by N-R-T (NewRome Tacitus)
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To: Olog-hai

They will get rid of life sentences too, when they decide that is “cruel & unusual punishment” too.


12 posted on 12/13/2016 2:07:14 AM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: N-R-T

I was rephrasing it to show what the real desire is. Many folks are, unfortunately, incapable of nuance.


13 posted on 12/13/2016 2:09:17 AM PST by arthurus (Mrs Clinton is The Great Conniver.)
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To: Bullish

I am for replacing the death penalty with the Short Life Penalty of 30 days to 1 year.


14 posted on 12/13/2016 2:11:16 AM PST by arthurus (Mrs Clinton is The Great Conniver.)
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To: Timpanagos1
Cruel and unusual only if the wrong conviction is wrongful i.e. known by the prosecution and/or the jury to be wrong while pressing the conviction.
15 posted on 12/13/2016 2:13:53 AM PST by arthurus (Mrs Clinton is The Great Conniver.)
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To: Olog-hai

Just because it is expressly permitted by the Constitution is no reason to consider it as ‘Constitutional.’


16 posted on 12/13/2016 2:18:18 AM PST by Radix (Natural Born Citizens have Citizen parents)
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To: RegulatorCountry

No. This is the guy that received a prophecy in 2011 that Trump would be our next president. He thought it meant 2012, but technically, he is our “next” president, after Obama’s second term. He’s retired fireman Mark Taylor. He’s got a website for his company, SORDS, which is for a rescue device he invented, that has the prophecies he’s received on it.


17 posted on 12/13/2016 2:18:42 AM PST by Flaming Conservative
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To: Olog-hai
From my "About" page:

I will know the Republic is safe when:

...

2. The method of capital punishment involves a single bullet to the brain stem, and the only squawk about it is the excessive length of time between the sentencing and the execution.

(Items 1, 3, and 4 not germane to the subject at hand.)

18 posted on 12/13/2016 2:19:57 AM PST by ExGeeEye (For dark is the suede that mows like a harvest.)
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To: Castigar
Amendment 5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

19 posted on 12/13/2016 2:31:59 AM PST by D Rider
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To: Bullish

Consider that the Fifth Amendment to the Constitution sets out the procedures for execution and provides for precursors to answer for a “Capital crime”, prohibits double jeopardy for loss of “Life or Limb” and conditions that one may not be deprived of “life, liberty...” without due process of law.

Too many hand-wringing court decisions prohibiting the speedy conclusion of a competent court.


20 posted on 12/13/2016 2:32:31 AM PST by plangent
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