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发帖数: 29846 | 1 【 以下文字转载自 Joke 讨论区 】
发信人: brihand (brihand), 信区: Joke
标 题: 自由派法官v5:死刑可能违宪 (转载)
发信站: BBS 未名空间站 (Mon Jun 29 15:23:34 2015, 美东)
发信人: brihand (brihand), 信区: Military
标 题: 自由派法官v5:死刑可能违宪
发信站: BBS 未名空间站 (Mon Jun 29 15:16:34 2015, 美东)
Justice Stephen Breyer’s dissent: Death penalty may be unconstitutional
By Adam B. Lerner
The death penalty may be unconstitutional, two of the Supreme Court’s
liberal judges suggested on Monday.
In a dissent to the majority’s opinion in Glossip v. Gross, which upheld
Oklahoma’s use of a key drug used for lethal injections, Justice Stephen
Breyer, joined by Justice Ruth Bader Ginsburg, called for a renewed legal
debate over the death penalty.
The court has not ruled on the constitutionality of the death penalty at-
large since Gregg v. Georgia in 1976 — though it has examined various
aspect of death penalty protocols, including applying the punishment to the
mentally handicapped, to minors, and via various methods — and Breyer wrote
that “[t]he circumstances and the evidence of the death penalty’s
application have changed radically since then.”
“Given these changes, I believe that it is now time to reopen the question,
” he wrote, adding that the last 40 years of the death penalty in America
have led him to believe “that the death penalty, in and of itself, now
likely constitutes a legally prohibited ‘cruel and unusual punishmen[t].’”
Read more: http://www.politico.com/story/2015/06/supreme-court-justice-stephen-breyer-death-penalty-may-be-unconstitutional-119547.html#ixzz3eTq7eNXv |
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