Today in Ralph Shortey news...

[Ed W]

Our esteemed state senator says that the US Supreme Court is encroaching on state's rights in a recent decision barring mandatory life terms for some juvenile offenses.  That's right, our good senator believes that legislators should take those pesky decisions out of the hands of the courts and jurors, and simply lock them up and throw away the keys.  I'm sure he doesn't see the irony of encroaching on the state court's turf, yet he's taking umbrage with the federal ones.

http://www.krmg.com/news/news/local/oklahoma-state-senator-thinks-some-juveniles-need-/nWCFS/

[guido911]

What is your beef? You upset this legislator wants stiff penalties for folks like Eric Harris/Dylan Klebold? Here is a story that addresses this point, including reference to Thompson v. Oklahoma.

http://www.jaapl.org/content/33/4/547.full

As for sentencing, federal courts for years have used guidelines to hand out sentences--which essentially takes control away from courts.

[nathanm]

I think it's just fantastic that we sentence people to life in prison before their brains are fully developed.

[guido911]

I think it's just fantastic that we sentence people to life in prison before their brains are fully developed.

And F those kids and others whose brains involuntarily exited their skulls....

[nathanm]

And F those kids and others whose brains involuntarily exited their skulls....

Mmmhmmm...

[Ed W]

What is your beef? ...As for sentencing, federal courts for years have used guidelines to hand out sentences--which essentially takes control away from courts.

You missed the point, Guido. We have judges and juries decide what's appropriate sentencing. They hear the cases presented and are presumably more cognizant of the facts than Senator Shortey. Besides, in some instances, a prosecutor may hesitate to bring a charge against a juvenile suspect when he knows that charge can bring a mandatory life sentence. Why have citizens decide appropriate sentencing for any offense when our legislators are so much better at meting out justice?

[Conan71]

I think it's just fantastic that we sentence people to life in prison before their brains are fully developed.

In the case of murder, it was developed enough to form the thought to kill someone else.  Are you thinking there's some sort of evolutionary process which will change that down the road?

Do we really want someone like Hank Laird roaming the streets 10 years from now?

[guido911]

You missed the point, Guido. We have judges and juries decide what's appropriate sentencing. They hear the cases presented and are presumably more cognizant of the facts than Senator Shortey. Besides, in some instances, a prosecutor may hesitate to bring a charge against a juvenile suspect when he knows that charge can bring a mandatory life sentence. Why have citizens decide appropriate sentencing for any offense when our legislators are so much better at meting out justice?

Your point wasn't missed. It's irrelevant. Judges and juries already have their sentencing discretion altered by statute/guideline/regulation. And you have to remember something, one of the reasons for lifting the control of sentencing from the hands of judges and juries is to avoid discriminatory and disparate sentencing (based on race/age/gender) for the same/similar offenses.

[Ed W]

You're right about the disparate sentencing on racial, ethnic, and class grounds, Guido, but I don't think handing a case to a jury is irrelevant.  Nor do I believe that our legislators can craft laws with mandatory sentencing that can apply in all cases and cover unforeseen events.  We differ.  That's nothing new.  And at the moment I can't think of any further arguments to pursue.

Still, it would be interesting to sit across a jury table from you.

Gotta go.  SWMBO wants to go out for dinner.  My main job is to keep Her happy.

[nathanm]

In the case of murder, it was developed enough to form the thought to kill someone else.  Are you thinking there's some sort of evolutionary process which will change that down the road?

Not evolutionary, brain development. Impulse control (among other things) isn't fully developed in most people until the mid-20s. As the caterpillar magnet my parents had on our fridge when I was growing up said: "God isn't done with me yet!"

[guido911]

Gotta go.  SWMBO wants to go out for dinner.  My main job is to keep Her happy.

You have learned well young padawan.