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Old 05-17-2010, 02:18 PM   #101
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Default Re: Discussion: The Supreme Court

No really, The first one I agree with, The 2nd.... Not so much.

Who determines who's "Sexually Dangerous"? What are the criteria? I have no problem with locking them up forever IF the sentence is life but if the persons sentence is up then we have no right to keep them indefinitely just because we think they MIGHT do something.

On the other hand though, I also think sex offenders should get much more time in jail, If not life in jail, for sex crimes. We should give them longer sentences from the start, Not after they've served their time.

Where does it stop?

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Old 05-17-2010, 02:50 PM   #102
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I don't get why it's just "sexually dangerous". What about plan old dangerous. I don't get why we put higher emphasis on sex related crimes. Child molestation is terrible, sure, but murder will always be worse. If we are going to lock people indefinitely because they MIGHT reoffend, why don't we keep people who MIGHT kill again?

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Old 05-17-2010, 03:31 PM   #103
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We do tend to keep murderers locked up indefinitely. I think this is only allowing for life sentences in the case of rapists (or maybe the ability to sentece them until a psychiatric team clears them for release). I like it

The first one I'm not crazy about. If a child is capable of committing murder, there is something fundamentally wrong with them. Sociopathy cannot be fixed. This is a case where security outweighs other concerns.

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Old 05-17-2010, 06:47 PM   #104
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http://www.nytimes.com/2010/05/18/us...offenders.html

Justices Rule That Sex Offenders May Be Held After Their Sentences End

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Old 05-27-2010, 09:19 PM   #105
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According to the AP, the confirmation hearings for Elena Kagan are scheduled to begin on June 28th.

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Old 06-01-2010, 04:05 PM   #106
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POLL: MAJORITY SUPPORT KAGAN APPOINTMENT
http://politicalticker.blogs.cnn.com...id=kYem6kNSgnl

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Old 06-02-2010, 04:27 PM   #107
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Default Re: Discussion: The Supreme Court

Suspect must speak up to claim right to remain silent, Supreme Court rules, limiting 'Miranda'

WASHINGTON (AP) — Want to invoke your right to remain silent? You'll have to speak up.

In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday — over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."

Justice Anthony Kennedy, who wrote the majority opinion, said a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent. Elena Kagan, who has been nominated by President Barack Obama to join the court, sided with the police as U.S. solicitor general when the case came before the court. She would replace Justice John Paul Stevens, one of the dissenters.

A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday's majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.

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This decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes that the person will crack and give them some information, said Richard Friedman, a University of Michigan law professor.

"It's a little bit less restraint that the officers have to show," Friedman said.

The ruling comes in a case in which a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying he had invoked his Miranda right to remain silent by remaining silent.

Kennedy, writing the decision for the court's conservatives, said that wasn't enough.

"Thompkins did not say that he wanted to remain silent or that he did not want to talk to police," Kennedy said. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."

He was joined in the 5-4 opinion by Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito.

Prosecutors cheered the decision, saying it takes the guesswork out of when police have to stop questioning suspects. "Is it too much to ask for a criminal suspect to say he doesn't want to talk to police?" said Scott Burns, executive director of the National District Attorneys Association.

This is the third time this session that the Supreme Court has placed limits on Miranda rights, which come from a 1966 decision — it involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix — requiring officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.

Earlier this term, the high court ruled that a suspect's request for a lawyer is good for only 14 days after the person is released from police custody — the first time the court has placed a time limit on a request for a lawyer — and that police do not have to explicitly tell suspects they have a right to a lawyer during an interrogation.

For Justice Sotomayor, deciding to make suspects speak to have the right to remain silent was a step too far. Sotomayor, the court's newest member, wrote a strongly worded dissent for the court's liberals, saying the majority's decision "turns Miranda upside down."

"Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded."

She was joined in her dissent by Stevens, Ruth Bader Ginsburg and Stephen Breyer.

Supreme Court nominee Kagan had sided with the police in this case. As solicitor general, she told the Supreme Court that the Constitution "does not require that the police interpret ambiguous statements as invocations of Miranda rights."

"An unambiguous-invocation requirement for the right to remain silent and terminate questioning strikes the appropriate balance between protecting the suspect's rights and permitting valuable police investigation," Kagan said in court papers.

Thompkins was arrested for murder in 2001 and questioned by police for three hours. At the beginning, he was read his Miranda rights and said he understood.

The officers in the room said Thompkins said little during the interrogation, occasionally answering "yes," ''no," ''I don't know," nodding his head and making eye contact as his responses. But when one of the officers asked him if he prayed for forgiveness for "shooting that boy down," Thompkins said, "Yes."

He was convicted, but on appeal he wanted that statement thrown out because he said he had invoked his Miranda rights by being uncommunicative with the interrogating officers.

The 6th U.S. Circuit Court of Appeals in Cincinnati agreed and threw out his confession and conviction. The high court reversed that decision.

"In sum, a suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to police," Kennedy said. "Thompkins did not invoke his right to remain silent and stop the questioning. Understanding his rights in full, he waived his right to remain silent by making a voluntary statement to the police. The police, moreover, were not required to obtain a waiver of Thompkins' right to remain silent before interrogating him."

Sotomayor called that reasoning "a substantial retreat from the protection against compelled self-incrimination that Miranda v. Arizona has long provided during custodial interrogation."

The case is Berghuis v. Thompkins, 08-1470.

http://www.chicagotribune.com/news/p...,1373363.story

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Old 06-04-2010, 10:39 PM   #108
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CLINTON PRESIDENTIAL LIBRARY RELEASES DOCUMENTS ON KAGAN
http://politicalticker.blogs.cnn.com...id=DUkMPqrUHig

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Old 06-20-2010, 05:47 PM   #109
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MCCONNELL: IT'S POSSIBLE GOP COULD FILIBUSTER KAGAN
http://politicalticker.blogs.cnn.com...id=BOremS7voyP

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Old 06-20-2010, 06:49 PM   #110
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I guess he is just following in the footsteps of those during Bush's tenure that did the same for his choices....namely Obama, Reid and Leahy.....If I'm not mistaken, they did it for 10 of his choices during his time as Pres.

Politics, gotta love it.

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Old 06-27-2010, 05:56 PM   #111
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JUSTICE GINSBERG'S HUSBAND HAS DIED
http://politicalticker.blogs.cnn.com...id=bIlY0RxV4nI

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Old 06-27-2010, 09:59 PM   #112
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Default Re: Discussion: The Supreme Court

Very sad, but they had a very full life together.....more than most can celebrate.

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Old 06-27-2010, 10:00 PM   #113
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Quote:
Originally Posted by Kel View Post
Very sad, but they had a very full life together.....more than most can celebrate.
That's true.

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Old 07-13-2010, 12:24 AM   #114
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REPUBLICANS TO DELAY KAGAN COMMITTEE VOTE
http://politicalticker.blogs.cnn.com...id=Lcj4w_P5U5u

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Old 07-20-2010, 10:55 AM   #115
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ELENA KAGAN'S SENATE JUDICIARY COMMITTEE VOTE SET FOR TODAY
http://www.cnn.com/2010/POLITICS/07/...ex.html?hpt=T2

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Old 07-20-2010, 01:01 PM   #116
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UPDATE: KAGAN APPROVED BY JUDICIARY COMMITTEE
http://www.cnn.com/2010/POLITICS/07/...ex.html?hpt=T1

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Old 08-03-2010, 11:47 AM   #117
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UPDATE: SENATE DEBATE ON KAGAN BEGINS
http://politicalticker.blogs.cnn.com...id=wmiTYSq_cRM

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Old 08-03-2010, 02:28 PM   #118
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Yeah, looks like the vote will be Thursday....and she will be get the votes needed. All of this is pretty much just something to show on the U.S. Senate channel.

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Old 08-03-2010, 02:32 PM   #119
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Yeah, there have been several republicans that have already voiced their support for Kagan.

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Old 08-03-2010, 02:45 PM   #120
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It would be foolish for Republicans to oppose this very much. Kagan is the best they could've hoped for from Obama.

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Old 08-03-2010, 03:35 PM   #121
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Exactly she is pretty mediocre considering who she is replacing. Thus making her an excellent choice.

The Republicans are dimwits, they are going to indirectly nominate a far more competent, qualified, and intellectually weightier progressive judge. More than the most progressive of progressive Democrats could ever hope for.

They should just give me the gun so I could shoot them in the foot. At least it is more fun this way.

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Old 08-05-2010, 12:41 PM   #122
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SENATOR SESSIONS: 'KAGAN WILL BE A RADICAL ON THE COURT'
http://www.huffingtonpost.com/2010/0..._n_670852.html

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Old 08-05-2010, 12:43 PM   #123
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I think she will definitely lean far left....but that is what she is replacing. The guy with all the power these days is Kennedy. We shall see which way the wind blows when he farts.

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Old 08-05-2010, 03:06 PM   #124
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Breaking News! The Senate has voted to confirm Elena Kagan to the US Supreme Court by a vote of 63-37.

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Old 08-05-2010, 05:49 PM   #125
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OMG, I'm soooooo surprised. I can't believe it.......

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