The Supreme Court today ruled that juveniles cannot be sentenced to life without parole for crimes other than murder.
The United States is the only country in the world that allows life sentences without parole for juveniles.
An estimated 111 defendants in the United States have been sentenced to life imprisonment without parole for crimes other than murder committed when they were under age 18. About 70 percent of them are imprisoned in Florida.
Justice Kennedy wrote the majority opinion, available here: [More...]
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The season finale of Pacific, Survivor, and Desperate Housewives all air tonight, while Celebrity Apprentice gets down to the final two. As if that's not enough, there's a new Breaking Bad and Brothers and Sisters.
What are you watching?
Here's an interesting op-ed from 2000 on why we need to maintain Miranda by former prosecutor and author Scott Turow. I like this part:
Catching bad guys is important, but it is not the only thing this society values; we also care about certain minimal standards of decency in the government's treatment of citizens and limits on the authority of the state.
The requirement to recite Miranda is an important reminder to the police that the war on lawlessness is always subject to the guidance of the law.
Turow has a new book out, the sequel to "Presumed Innooent" called Innocent, in which former prosecutor Rusty Sabich is back in the defendant's chair, charged with murdering his wife.
This is an open thread, all topics welcome.
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Former NYC police commissioner Bernard Kerik will self-surrender to a federal prison tomorrow to begin serving a 48 month sentence for crimes related to under-reporting the value of renovations on a personal residence and making false statements on his Homeland Security application.
Bernie has just posted a "farewell" and "thanks" post, It's Time to Move Forward, on his blog. He's prepared to accept his fate, but points out in detail, it's not a fair one.
For nearly three years, I prepared to go to trial to defend myself against substantially the same charges I had already faced in New York State Court. Then, just days before the federal trial was to begin, my bail was revoked and I was imprisoned. The judge threatened to disqualify my legal team, which both he and the government prosecutors had already done twice before and would have sent me back to square one for the third time with my savings now exhausted.
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Abu Baseer al-Wahishi, the leader of al Qaida Arabian Peninsula (AQAP), released a tape today through the group's media arm, al-Malahem, expressing support for cleric Anwar al-Awlaki, who is in hiding after President Obama placed him on a "capture or kill" list. The U.S. suspects al-Awlaki of providing spiritual guidance to suspected Fort Hood shooter, Nidal Malik Hasan, and the Christmas Day airplane bomber, Umar Farouk
He also threatened attacks against the United States if al-Awlaki was harmed. And speaking about Abmudullatab, al-Wahayshi says on the tape:
"That was a failure but tell me, what will success be like...It will inevitably be a disaster for you (Americans), for we are enamored with the attacks of September 11."
The tape was an open letter to the American public. [More...]
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Our good friend Glenn Greenwald was on ABC's This Week talking Kagan and other things:
Given the forum, Glenn did good. I wish he would not have characterized Kagan's career path in pejorative terms and instead had just focused on her views, or the lack of a public record of her views on a number of subjects. Also Greg Craig was astoundingly bad in defense of Kagan, and the Administration will need to find better surrogates for her.
Speaking for me only
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Via DougJ, I read this Politico piece on the decline of Newsweek editor Jon Meacham's star:
Jon Meacham has had the kind of charmed professional life that other journalists can only envy: Newsweek managing editor at 29, editor at 37; author of four books, the latest, “American Lion: Andrew Jackson in the White House,” awarded the Pulitzer Prize last year in biography. So it was not without a certain schadenfreude that the media world seemed to take special relish in what turned out to be what his friend Sally Quinn called “a week from hell,” for Meacham some days short of his 41st birthday.
Personally, I never cared for Meacham's work, but he is not much worse or better than the rest of the Media. Pompous and tedious? Sure. But so is George Will. But I was struck by the silly reaction of Howard Fineman (admittedly an employee of Meacham's):
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One of the silliest arguments that you will hear to defend the view that judicial nominees should not answer questions about their legal views is the supposed need to maintain "the appearance of impartiality." By that logic, the Supreme Court itself could not decide cases that touch upon decisions they participated in. Let me provide a few examples. The late Chief Justice William Rehnquist dissented in Roe v. Wade in 1973. After Roe, a series of cases touching on the right to choose came before the Court. And in 1993, the Court decided Planned Parenthood v. Casey. To the surprise of no one, Rehnquist maintained his view that Roe was wrongly decided:
In Roe v. Wade, the Court recognized a "guarantee of personal privacy" which "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." 410 U.S. at 410 U.S. 152"]152-153. We are now of the view that, in terming this right fundamental, the Court in Roe read the earlier opinions upon which it based its decision much too broadly.
Was the "appearance" of judicial impartiality damaged because Rehnquist had publically stated his views on the right to choose in his dissent in Roe? And if it wasn't, how in blazes would requiring a judicial nominee to say whether they agree with Roe or Casey damage the "appearance"of impartiality?
This argument for not requiring answers from judicial nominees is empty, vacuous and idiotic.
Speaking for me only
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It's freezing here, nothing but cold rain for days (and snow at higher elevations.) For a city that is renowned for 300 days of sunshine a year, something is askew. I don't ever remember it snowing after May 10 before. As someone who hates home maintenance, it's really a drag. The front part of the front lawn has sunk below the sidewalk and needs to be re-sodded and have a big water cover raised. The sprinkler heads need to be raised. Who does this stuff? How do you even know who to call?
The power generator and transformer that blew out the neighborhood the other day has left other problems. In addition to shorting out my coffeemaker, it blew out a huge light fixture that sits on a ceiling that's 20 feet high. As if I have a ladder that high (or would climb one even if I did) so now I have to find an electrician. Who has time for this stuff?
What are the alternatives? Move to the new Four Seasons downtown? A million dollars for 950 square feet sounds absurd, but at least you just pick up the phone and dial 0 when something goes wrong. Of course, since I don't have a million dollars laying around, I guess I don't have to seriously consider it.
How small of a place would you move to avoid maintenance responsibilities? Or, if you don't mind home maintenance, but crave space, how many miles from town would you be willing to move in order to have a few extra thousand square feet that you couldn't afford in the city? And why are so many things in life a trade-off?
Also, if someone handed you a check for three million dollars, where would you live? Would you stay where you are now? Buy A farm in the country? A brand new condo? Would you expend a year of your time with architects and designers creating the place of your dreams?
This is an open thread, all topics welcome.
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There's urban warfare in Bangkok.
Soldiers fired live rounds at demonstrators who fought back with petrol bombs, rocks and crude homemade rockets in two major areas of the city as the army tried to enforce a security cordon around a sprawling protest encampment in central Bangkok.
"We will not retreat," Prime Minister Abhisit Vejjajiva said in a televised statement. "We cannot allow the country to be in a condition in which people can establish an armed group to topple the government that they are not happy with."
The "Red shirt" protesters are "made up of the rural and urban poor" who support former premier Thaksin Shinawatra. The death toll is rising.
The protesters are far outnumbered by the military which is blocking food and water from reaching them. I hope this ends quickly.
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The boycott of Arizona hotels following the enactment of its terrible immigration law, S.B. 1070, is having an effect according to a new report.
STR data shows Arizona hotels began losing business soon after the law was signed on 23 April....The Arizona Hotel and Lodging Association reported at least 23 meetings had been cancelled throughout the state, representing an estimated US$6 million to US$10 million in lost revenue.
“The economic impact is increasing every day and every week. Groups that were considering us as an option are pulling out of Tucson and other Arizona cities,” said Richard Brooks, director of sales and marketing for the Westin La Paloma in Tucson. Groups that were considering holding meetings at the hotel for 10 years or more out are not considering Arizona now, according to Brooks.
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Open Thread.
Bill Simmons interviews Lost honcho Carlton Cuse.
Chuck has been renewed for a 4th season.
Fringe is getting freaky, or freakier.
Unlike some music snobs (Jon Pareles with the back story), I liked this:
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Colorado Rep. Jared Polis deserves some praise taking on Attorney General Eric Holder on medical marijuana at the House Judiciary Committee hearing this week. It's not the first time Polis has confronted Holder on the issue, he did so back in February when he wrote Holder this letter (pdf.)
Polis has signed on as co-sponsor of three marijuana bills pending in Congress. Two of the bills were introduced by Rep. Barney Frank. (He introduces them every year, and every year they go nowhere.) The question now, is can Polis do anything to get the bills heard and voted on?
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