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five-dollar look with roses from newsweek uh... with the peace as she
wrote called we can't execute them but should we lock up teams for life
dialogue about michelle's differently
all right now
mentioned him in your p_c_r_ but the guy jumped to mine was uh... lee board novel
uh... who now but the problem is there's a little different says situation
because he actually kill people along with john bobbitt it's about people who
did for suspect clip for kids who are on a racial under eighteen
if they feel
one can they be executed to can they be put in jail for life
they cannot be executed in two thousand five between core
definitively ruled in rope reverses them in
up five for justice anthony kennedy writing for the maturity date cannot be
executed so the question your second question can they be
sentenced to life without parole
with a case everyone was waiting for and and that week on monday the prine korte
heard that case
and uh... we don't if we don't know the answer yet so we know that the court is
going to have to make a defendant on that second question by james and
is so slow questioning a of
which direction they might be lenient we wouldn't be lee interesting situation
because in roper burger dot predicate idea that can be reckoned everything on
with their brain mind with it he need brains are different
and they're different electrically in their own developing you cannot make
determinations about teenagers based on their conduct before they're eighteen
for that question because if you can't execute them because they're not
culpable like adults
can you then throw them away without a chance of a parole hearing of crack
their lifetime
and it was really i think we all life on kennedy at oral argument and it's really
interesting because the one pride that would reparative relief you young man in
florida who were were and through life without parole wanted aged thirteen one
eight eight seventeen
where through them or things that they're completely analogous here if you
can't execute them how can you let them die in prison in connecticut where the
famed thing
learned on the other side lawyers for the state of florida where thing
no no no no roper st not for the proposition that teenagers that
difference
and for the proposition that staff it differently depending on how you file
the case framed
whether roper really stood for the notion that definite different or
teenagers are different that with at the heart of argued about monday silk let
people understand that
into a better sense on a gut-level of the hard decision to be made here the
thirteen-year-old uvm
uh... robbed uh... so if you're a woman in the came back inter her house and
***
tho i'm right about that right will turn it up with you with with his brought it
when he was convicted of a i think that he still maintains that he was in and
and being really equivocal
uh... very very serious questions about the quality of his defense
and the quality of the evidence against opened convicted of that
uh... so
the question is i think that's it terribly that's a heinous act obviously
it is as bad as it gets so reveal yet life for that we get life was a question
but that i'll at least thirty nine am i what i was thirteen are all my nephews
or thirteen
and i was not
you're not the same person you were thirteen and that's crazier obviously
that fully develop but dollywood what's the alternative do we say that they get
parole hearing every what ten years twenty years how it works
well that's one of the relieve nailed exactly the if you do with bothering me
a couple of days gave me a question of camping beans and how do we create a
regime
that work
so you've got a set of questions is one bunch of pet pragmatic problem they get
a parole hearing when they're maturing after they get wynonna matically when it
when you wonder they get one age forty seven because it's a good age and then
there's another set of questions that kind of built right into your question
which is
what difference between being seventeen and three quarters and eighteen now
though it if you're going to start drawing a line
can you really see that seventeen and three quarter year old isn't culpable
but day after your eighteenth birthday you are
and third and norman amount of energy at oral argument on both sides went to
these questions that
these numbers are totally arbitrary and question judgment jackets with greater
ginsburg federal of course numbers are arbitrary but you can't get it back to
you when your teenager you can't drain he can
we draw lines all the time
but one of the fab text of the store a large you know was
if we draw a line it could be and we are not going to find anyone to life without
parole in sixteen
next year you're going to come up with a seventeen year old and they draw a line
there so
if they flip report a problem going every which way that case which made it
very very hard for both sides to really stand for the idea so we can have a
bright line rule now
eight of the justices here are fairly irrelevant if i've got this right and
unified don't let me know before concerns are definitely let say yes you
can put 'em away for life for quads are liberals who are going to say
no you shouldn't and then penney's has to decide this case plants officer
roughly right well if if they're going into an argument i think going into an
argument i would've i would've
predicted that how it's going to go but but three most conservative justices on
the court chief justice roberts just a family ellen justice antonin scalia
and remember the fourth is across town to get unpopular king he hasn't spoken
here so we had no idea where he's at
but the other three were actually quite bothered by this and they were bothered
by the idea of creating a bright line rule
that fred in effect you know if you can find the six-year-old to pretend life
without parole h_i_v_ seemed that there was a big difference between the case of
the thirteen-year-old and seventeen-year-old in their mind and
that there with her
and for the better off than for the thirteen just two young for john roberts
started propose singer
very very nuanced complicated idea of having a kind of that
proportionality review and we don't have a baby for an appeal which are with the
judge's i'm sorry we taped at the age of the offender into account
certainly not pain
bro a tiki when their seven because i'm john robert and i'm pro-prosecution i
mean it was not a black weight
pro con argument at all it looked like
at least three justices were trying to craft a compromise that was in creating
an arbitrary abroad lamar betrayed clearly bother them
but something i'm kind of hit him to give extra protection to juvenile well
that's hurting but you know it's a good do that complicated uh...
algorithm
is in that legislating from the bench according to sort of yeah i think what
they would pay it
they're trying this entire doctor and the eighth amendment cruel and unusual
doctoring if
crazy and kept bunker because
if mentally impaired
figure out what involving standards of decency that's a quote
figure out what that required in other words bring someone in the stockade may
have been ok to the framers not okay today
he would films
they were in the weird squishy world of
ka what how many states doing how many do you know there's a trend for
different turned against it
you're going to get even the conservative competing that's ok we
can't
we can't get you know if a perfect the way away died in the time of
african-american therefore it put it it though
their very nature of the command then it's a very well your doctrine because
of that allowed for some of the machinist but let me get this to get
away with crafting these kinds of compromises
one other thing that's very interesting if there be anything fifty only country
that went into the future juvenile thunder eighteen to life without parole
and everyone was waiting for that to become a big issue an argument because
anthony kennedy really compares what international opinion international
treaties and doctrines that
it wasn't mentioned at delhi words hold out some but i got us one quick
follow-up irate that your piece are are you
it's not or were the only developed country you're saying even sadder a_b_a_
china bus one oh whatever it is nobody does it outside of our equifax whitworth
obligated selling didn't bring it
well congratulations dot pride ali lippman from newsweek bases always for
goodness my pleasure junket watch more cliffs at the interstate commerce