Leaving the good ole US of A

Constitutional Amendments...might we at sportsline do better? I'll present the Amendments in no particular order, or...more to the point...in whatever order arbitrarily suits me. Thusly:

Amendment 3 - Cruel and Unusual Punishment:

Excessive bail shall not be required, not excessive fines imposed, nor cruel and unusual punishments inflicted.

I will start by saying that I understand...and agree with...prohibitions against cruel punishments. If we have not yet managed to move firmly to whatever moral high ground prohibits "burning at the stake" or "flaying alive" then we clearly lack the wherewithal to make the fine distinctions required for full appreciation of this amendment.

But what about "unusual" punishment? Should we be confined in those ways? Why prohibit punitive measures distinguished only by their ingenuity? Do any of you have uncommon suggestions which would avoid the "cruelty" concerns...while still allowing some degree of creativity?

Please...try to take this seriously. If you can't manage that...do try to be entertaining.

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This is an excellent topic, indeed. One which tears me to the core of my being, based on my chosen profession - Criminal Defense Attorney. On the other hand, I'm a conservative, law and order type. An observation or two - The U.S. Constitution, for the last 40 - 50 years, is now being interpreted by Civil Rights Lawyers, NOT the United States Supreme Court or Supreme Courts of the several states. And the two groups are not necessarily mutually exclusive.

I have a personal problem with appelate courts deciding that the food, television, recreation facilites or libraries are related to cruel and unusual punishment. The same way I have a problem with courts shying away from public humiliation and embarassment as part of punishment.

HOWEVER, when the guilt / innocence of a person is being decided by 12 people who don't listen to the jury charge, and base a finding of "beyond a reasonable doubt" on a dramatically emotional closing argument rather than evidence, I truly begin to question the system itself. Granted, this goes outside the scope of the 8th Amendment query, but the inquiry has to start at point A - the arrest and original charge. Between corrupt cops, professional prosecutors and the full weight of the state, a criminal defendant is in a very bad place. Especially if they have prior arrests (not necessarily convictions). I may come back for further discussion, but I need to get ready for court.

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Everything is beautiful in it's own way. Don't you wonder how it might be if you could join me in my dreams, just as the ba and ka join to become the akh? Guess where I go tonight?

I'd love to see your dreams...mine are too boring. My poor old ba would be a disappointment I'm afraid...just doesn't have the proper ethereal qualities. I can't even bring off a "flying dream" without flapping my arms to get airborne...how sad is that?

corvidgirl Reputation: 96 Level: Superstar Since: Aug 1, 2007	Posted on: April 8, 2008 12:15 am Score: 90 Amendments Heart pounding. Yes...after his escape. But I couldn't even watch all of that. I don't know that I've ever seen a director who combines his commitment to historical accuracy with an equal devotion to realistic blood-letting. [ Reply to Comment ]
JudgementDay Reputation: 97 Level: Superstar Since: Jun 23, 2007	Posted on: April 8, 2008 12:26 am Score: 94 Amendments Everything is beautiful in it's own way. Don't you wonder how it might be if you could join me in my dreams, just as the ba and ka join to become the akh? Guess where I go tonight? [ Reply to Comment ]
houtxatty1 Reputation: 98 Level: Superstar Since: Sep 6, 2006	Posted on: April 8, 2008 6:42 am Score: 92 Amendments This is an excellent topic, indeed. One which tears me to the core of my being, based on my chosen profession - Criminal Defense Attorney. On the other hand, I'm a conservative, law and order type. An observation or two - The U.S. Constitution, for the last 40 - 50 years, is now being interpreted by Civil Rights Lawyers, NOT the United States Supreme Court or Supreme Courts of the several states. And the two groups are not necessarily mutually exclusive. I have a personal problem with appelate courts deciding that the food, television, recreation facilites or libraries are related to cruel and unusual punishment. The same way I have a problem with courts shying away from public humiliation and embarassment as part of punishment. HOWEVER, when the guilt / innocence of a person is being decided by 12 people who don't listen to the jury charge, and base a finding of "beyond a reasonable doubt" on a dramatically emotional closing argument rather than evidence, I truly begin to question the system itself. Granted, this goes outside the scope of the 8th Amendment query, but the inquiry has to start at point A - the arrest and original charge. Between corrupt cops, professional prosecutors and the full weight of the state, a criminal defendant is in a very bad place. Especially if they have prior arrests (not necessarily convictions). I may come back for further discussion, but I need to get ready for court. [ Reply to Comment ]
corvidgirl Reputation: 96 Level: Superstar Since: Aug 1, 2007	Posted on: April 8, 2008 10:31 am Score: 91 Amendments Everything is beautiful in it's own way. Don't you wonder how it might be if you could join me in my dreams, just as the ba and ka join to become the akh? Guess where I go tonight? I'd love to see your dreams...mine are too boring. My poor old ba would be a disappointment I'm afraid...just doesn't have the proper ethereal qualities. I can't even bring off a "flying dream" without flapping my arms to get airborne...how sad is that? [ Reply to Comment ]
corvidgirl Reputation: 96 Level: Superstar Since: Aug 1, 2007

corvidgirl

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