No more electric chair in Nebraska

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Bob78164
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No more electric chair in Nebraska

#1 Post by Bob78164 » Fri Feb 08, 2008 4:25 pm

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
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson
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ne1410s
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#2 Post by ne1410s » Fri Feb 08, 2008 6:22 pm

Are you kidding me????????????





















Nebraska has electricity? :P
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Appa23
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Re: No more electric chair in Nebraska

#3 Post by Appa23 » Fri Feb 08, 2008 11:22 pm

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> )

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#4 Post by peacock2121 » Sat Feb 09, 2008 6:48 am

How are they gonna kill the people on death row?
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minimetoo26
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#5 Post by minimetoo26 » Sat Feb 09, 2008 9:13 am

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.....
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#6 Post by Billy Mays » Sat Feb 09, 2008 9:15 am

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!
BUT WAIT..... THERE'S MORE!!!!!!
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#7 Post by minimetoo26 » Sat Feb 09, 2008 9:16 am

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!
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#8 Post by littlebeast13 » Sat Feb 09, 2008 9:17 am

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
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#9 Post by minimetoo26 » Sat Feb 09, 2008 9:18 am

littlebeast13 wrote:
Snuggle Bear... prison bitch!

I like it...

lb13
*SNORT!!!!!!!!*
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#10 Post by littlebeast13 » Sat Feb 09, 2008 9:20 am

Now that I've made mini laugh. my job is done.

Time for beddy-bye....

lb13
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#11 Post by minimetoo26 » Sat Feb 09, 2008 9:22 am

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!
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#12 Post by ne1410s » Sat Feb 09, 2008 9:27 am

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?"
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#13 Post by kayrharris » Sat Feb 09, 2008 9:29 am

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. :shock:
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#14 Post by peacock2121 » Sat Feb 09, 2008 9:52 am

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!
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#15 Post by peacock2121 » Sat Feb 09, 2008 9:53 am

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?
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Re: No more electric chair in Nebraska

#16 Post by Bob78164 » Sat Feb 09, 2008 4:44 pm

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
"Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason than that of blindfolded fear." Thomas Jefferson
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Re: No more electric chair in Nebraska

#17 Post by Appa23 » Sat Feb 09, 2008 11:09 pm

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.)
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