Tuesday, May 18, 2010

Supreme Court cases 2010

The US Supreme Court issued a ruling this week regarding punishment for minors. In Graham v. Florida the court ruled 6 to 3 that juveniles who commit crimes in which no death occurs cannot be sentenced to life without parole. A sentence of this nature would be a violation of the 8th Amendments ban on "cruel and unusual punishment". At present 37 states have at least 129 inmates on sentence of life w/o parole for crimes committed when they were juveniles. I believe these sentences would be up for re-consideration due to this ruling. Justice Thomas wrote the dissent in which Alito and Scalia concurred. Thomas wrote that the court should consider the punishment given out when the Bill of Rights was adopted in 1791 when "...people as young as 7...could be executed".
In the case of United States v. Constock et al the court, by a vote of 7 to 2, ruled that Congress can "continue civil commitment of sex offenders after they have completed their criminal sentences". The source noted the connection of this case to the present day Tea Party movement and their opposition to national health care. It raises the question of, "what limits does the Constitution impose on Congress's power to legislate on matters not specifically delegated to it in Article I". Thomas and Scalia dissented.
(Source: "Court rejects life without parole for juvenile criminals who don't kill" from wire reports. The Virginian Pilot on 5/18/10. Info also from New York Times on line on the same date).

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