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No more electric chair in Nebraska
Posted: Fri Feb 08, 2008 4:25 pm
by Bob78164
Relying on the Nebraska State Constitution, the Nebraska Supreme Court ruled today that the electric chair (the only form of capital punishment currently authorized in Nebraska) is unconstitutional because it is cruel and unusual punishment. --Bob
Posted: Fri Feb 08, 2008 6:22 pm
by ne1410s
Are you kidding me????????????
Nebraska has electricity?
Re: No more electric chair in Nebraska
Posted: Fri Feb 08, 2008 11:22 pm
by Appa23
Bob78164 wrote:Relying on the Nebraska State Constitution, the Nebraska Supreme Court ruled today that the electric chair (the only form of capital punishment currently authorized in Nebraska) is unconstitutional because it is cruel and unusual punishment. --Bob
The Nebraska Supreme Court says that they based it on the Nebraska Constitution. However, the Nebraska Constitution copies exactly the Eighth Amendment's language. So, they really decided it on the Constitution. Hence, the Nebraska Atty General will appeal to the USSC, who has ruled the "chair" not to be cruel and unusual punishment in the past.
As Nebraska is the only state to rely entirely on the chair as the method of execution, and the current federal stay on lethal injection, Nebraska's death row is totally on hold.
Interesting debate by the court versus the legislature and Governor. Court essentially said that you have to look at what current society thinks is barbaric. According to the Nebraska supremes, we are more civilized now than 200 + years ago. Plus, we know much more now about the details of the death (pain, bodies catching on fire, et cetera) than we ever have known.
There is a proposal in the Unicameral to toally outlaw capital punishment. It is brought up nearly every session by our lone black senator. (You know, the one who sued God and wanted to serve the papers on Tom Osborne. <g> )
TennisGuy -- Funny!
Posted: Sat Feb 09, 2008 6:48 am
by peacock2121
How are they gonna kill the people on death row?
Posted: Sat Feb 09, 2008 9:13 am
by minimetoo26
peacock2121 wrote:How are they gonna kill the people on death row?
Put them in a room with HoltDad giving them a lecture about everything he knows.....
Posted: Sat Feb 09, 2008 9:15 am
by Billy Mays
minimetoo26 wrote:peacock2121 wrote:How are they gonna kill the people on death row?
Put them in a room with HoltDad giving them a lecture about everything he knows.....
WOW, AND I THOUGHT I WAS ANNOYING!
Posted: Sat Feb 09, 2008 9:16 am
by minimetoo26
Billy Mays wrote:minimetoo26 wrote:peacock2121 wrote:How are they gonna kill the people on death row?
Put them in a room with HoltDad giving them a lecture about everything he knows.....
WOW, AND I THOUGHT I WAS ANNOYING!
Yeah--you can come, too. And bring the Snuggle Bear!
Posted: Sat Feb 09, 2008 9:17 am
by littlebeast13
minimetoo26 wrote:Billy Mays wrote:minimetoo26 wrote:
Put them in a room with HoltDad giving them a lecture about everything he knows.....
WOW, AND I THOUGHT I WAS ANNOYING!
Yeah--you can come, too. And bring the Snuggle Bear!
Snuggle Bear... prison bitch!
I like it...
lb13
Posted: Sat Feb 09, 2008 9:18 am
by minimetoo26
littlebeast13 wrote:
Snuggle Bear... prison bitch!
I like it...
lb13
*SNORT!!!!!!!!*
Posted: Sat Feb 09, 2008 9:20 am
by littlebeast13
Now that I've made mini laugh. my job is done.
Time for beddy-bye....
lb13
Posted: Sat Feb 09, 2008 9:22 am
by minimetoo26
littlebeast13 wrote:Now that I've made mini laugh. my job is done.
Time for beddy-bye....
lb13
Clean the coffee off my keyboard first, bitch!
Posted: Sat Feb 09, 2008 9:27 am
by ne1410s
How are they gonna kill the people on death row?
Woody Allen on the death penalty:
"Well, of course you have to kill them. How else are you going to teach them anything?"
Posted: Sat Feb 09, 2008 9:29 am
by kayrharris
I'll have to say making someone listen to Billy Mays for 12 hours straight is about as close to torture as you can get.
Man, is that guy annoying. We thought the Head-On commercials were bad.
Posted: Sat Feb 09, 2008 9:52 am
by peacock2121
minimetoo26 wrote:peacock2121 wrote:How are they gonna kill the people on death row?
Put them in a room with HoltDad giving them a lecture about everything he knows.....
Made me gasp and then laugh like hell.
Thanks for that!
Posted: Sat Feb 09, 2008 9:53 am
by peacock2121
ne1410s wrote:How are they gonna kill the people on death row?
Woody Allen on the death penalty:
"Well, of course you have to kill them. How else are you going to teach them anything?"
How else can you teach them their lesson?
Re: No more electric chair in Nebraska
Posted: Sat Feb 09, 2008 4:44 pm
by Bob78164
Appa23 wrote:Bob78164 wrote:Relying on the Nebraska State Constitution, the Nebraska Supreme Court ruled today that the electric chair (the only form of capital punishment currently authorized in Nebraska) is unconstitutional because it is cruel and unusual punishment. --Bob
The Nebraska Supreme Court says that they based it on the Nebraska Constitution. However, the Nebraska Constitution copies exactly the Eighth Amendment's language. So, they really decided it on the Constitution. Hence, the Nebraska Atty General will appeal to the USSC, who has ruled the "chair" not to be cruel and unusual punishment in the past.
That's clearly a losing argument. The United States Supreme Court will deny certiorari. As far as the United States Supreme Court is concerned, the interpretation of the Nebraska Constitution is purely a state issue, even if it uses precisely the same language as the federal Constitution. And with no federal issue involved, the United States Supreme Court lacks jurisdiction to review the matter. --Bob
Re: No more electric chair in Nebraska
Posted: Sat Feb 09, 2008 11:09 pm
by Appa23
Bob78164 wrote:Appa23 wrote:Bob78164 wrote:Relying on the Nebraska State Constitution, the Nebraska Supreme Court ruled today that the electric chair (the only form of capital punishment currently authorized in Nebraska) is unconstitutional because it is cruel and unusual punishment. --Bob
The Nebraska Supreme Court says that they based it on the Nebraska Constitution. However, the Nebraska Constitution copies exactly the Eighth Amendment's language. So, they really decided it on the Constitution. Hence, the Nebraska Atty General will appeal to the USSC, who has ruled the "chair" not to be cruel and unusual punishment in the past.
That's clearly a losing argument. The United States Supreme Court will deny certiorari. As far as the United States Supreme Court is concerned, the interpretation of the Nebraska Constitution is purely a state issue, even if it uses precisely the same language as the federal Constitution. And with no federal issue involved, the United States Supreme Court lacks jurisdiction to review the matter. --Bob
I would be fine, of course, if the ruling stands.
The intriguing aspect of the majority opinion is its statement that the Nebraska constitution does not provide more protection than the federal constitution with regards to "cruel and unusual punishment". If you look at the opinion, one can see that the Nebraska supremes really are making the ruling on federal constitutional grounds, noting that the Supremes have upehled the chair in the past, but "who knows how they would decide if they had these facts in front of them." They only discuss federal caselaw rather than state caselaw. Plus, if the USSC decide that the "state constitutional decision" really was subterfuge for a decision based on the 8th Amendment , who is going to complain that it was a "state constitution" matter, and to whom are they complaining?
Of course, the whole thing is moot if the Unicameral decides to abolish the death penalty and then overrides the certain veto of the Governor. (About the same chance of that happening as I am of winning any Bored popularity contest.)