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Capital X
Raleigh, Afghanistan
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Capital signed the petition | -
Capital signed the petition | -
Capital signed the petition | -
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Capital commented on the article |Hey Phillip, agreed on D/P. I do agree with you on conditions in prisons being cruel and unusual. Some prisons in the US are just that for lifers, it's horrible. I sure could tell you some stories. I also agree with the whole three ring circus thing that many think makes our court system the best when in fact, it only makes it more profitable at the tax payers expense.
I read your blog. Good writing by the way. It quickly reminded me of a book I just finished reading not long ago "A Life And Death Decision" (A Jury Weighs The Death Penalty) By: Scott E. Sundby I recommend this book to everyone, it's an intense eye opener.
I have nothing but respect for you Phillip as I also agree with the two last important factors you pointed out. "There is always room to improve", isn't that the truth in all areas of life as we know it as a matter of fact. And "Because in a criminal justice case what is more important than the absolute truth?" NOTHING! Nothing is more important than absolute truth.
Peace and progress always. "X" aka 305375 -
Capital commented on the article |
As I said above: I just do not believe that someone that has not, ever experienced being gratuitously beat by guards is qualified to determine if it is or is not "cruel and unusual punishment." As long as we have the death penalty in this country, there is NO ban on 'cruel and unusual punishment.' From 1972 to 1976, capital punishment was ruled unconstitutional by the Supreme Court, citing that the death penalty was cruel and unusual punishment under the Eighth Amendment. Then, we took a step backwards!
As I have said before as well, having been on the bloody end of a guards night stick, I can testify that being gratuitous beat by prison guards is both cruel and very unusual in modern society. After being beaten I myself and others were then thrown in solitary and denied medical attention. This goes on in prisons across America on a regular basis. Then they wonder why, prison guards get killed. A lot of times it is in self defense other times in retaliation.
[T]he words of the [Eighth] Amendment are not precise, and that their scope is not static. The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
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Capital commented on the article |
2 of 2
It used to be that Europeans came to the United States to study its prison systems. They came away impressed.
"In no country is criminal justice administered with more mildness than in the United States," Alexis de Tocqueville, who toured American penitentiaries in 1831, wrote in "Democracy in America."
No more.
"Far from serving as a model for the world, contemporary America is viewed with horror," James Whitman, a specialist in comparative law at Yale, wrote last year in Social Research. "Certainly there are no European governments sending delegations to learn from us about how to manage prisons."] Published: Wednesday, April 23, 2008 New York Times
How easy is it to get convicted in the US? According to the Innocence Project as of March 25, 2010 - 251 people have been exonerate. Seeing we convict innocent people, I would say the US wins the trophy. 135 of those exonerated were from death row. NOT concentration camps? No, but damn close. Our system is nothing to brag about.
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Capital commented on the article |
1 of 2 @ Phillip Gwinn. Sorry I but I just couldn't resist. You stated [But, I would like you to at least consider the following without a knee jerk reaction. Fair enough? Although not perfect, our prisons are far better than Mexico, Turkey, Japan, Singapore, or Spain to name a few. Although not perfect, it is far harder to convict someone here than in Mexico, Japan, Korea, or Thailand. I'm all for continuous improvement but I ask folks to remember that we are not talking about Concentration Camps.]
You're right, our system is far from perfect which is why we shouldn't be executing ANYONE. I have never been, so though you may be correct as to our prison conditions being better than those you mentioned, BUT, of the 5 you mention though conditions may be worse, they are better than the US for the simple fact that they don't execute prisoners. Mexico, Turkey and Spain do not have the death penalty (Cruel and Unusual Punishment!)
As for the US being harder to convict someone? You're joking right? The United States has less than 5 percent of the world's population. But it has almost a quarter of the world's prisoners. The United States leads the world in producing prisoners.
[China, which is four times more populous than the United States, is a distant second, with 1.6 million people in prison. The United States comes in first, too, on a more meaningful list from the prison studies center, the one ranked in order of the incarceration rates. It has 751 people in prison or jail for every 100,000 in population. (If you count only adults, one in 100 Americans is locked up.) The only other major industrialized nation that even comes close is Russia, with 627 prisoners for every 100,000 people. The others have much lower rates. England's rate is 151; Germany's is 88; and Japan's is 63.
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Capital commented on the article |
The Eighth Amendment may not be used to prosecute prisoners, but this opinion in question would protect those that you say would be considered [CRIMINAL] here, that [deserve to go to jail and should immediately lose their job]. You don't make any sense. Gratuitously [not called for by the circumstances : unwarranted] beat inmates. YOU say [beat an inmate for no reason]. Yet you agree with this opinion which would protect a guard from being prosecuted. I don't get it. Anybody?
By the way, it's inspiration NOT inspriation. Touche!
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Capital commented on the article |
A slight typo but I am sure you clearly understood me. "I meant ta write Ya Damn Right!" Better maestro? If I knew I was being graded for spelling and punctuation I may have never joined this discussion. You pointing out my err in this manner again just clearly shows your immaturity. (I) as you put it, still suggest strongly that you hit the library so that you may possibly surcease your ignorance. (Your lack of knowledge/awareness) as to what it is Thomas is actually saying is permissible. I just do not believe that someone that has not, ever experienced being gratuitously beat by guards is qualified to determine if it is or is not "cruel and unusual punishment."
Now, you say that my statement -"In these times nobody is safe. We are all suspects". is uncommonly silly. That may be so where ever you live, or where you come from what ever planet that may be but those that see the rapid rate of incarceration, those affected by mass incarceration and every exonerated prisoner surly understands where I am coming from with clarity.
To say one "reeks of white privilege" is not racial in anyway young man. Anyone from any background can reek of white privilege. I also did not accuse you of being ignorant it was determined by your reply where you chose not to rebut but rather to mock and side step as you did here once again. For the record I could care less if you're purple the reek is the same. I have said plenty on Thomas' opinion which many here seem to agree.
Stating that because gratuitous beatings by prison guards are, by definition, not imposed for committing a crime, they are thus permissible to me, is no different than imposing a sentence of the aforementioned. To me, this is condoning a criminal act that when committed goes unpunished for it goes on not only behind prison walls, and behind the blue wall of silence. Every day of every year in America at least 4 prisoners suffer violent death and over 100 are wounded from both prisoner on prisoner and guards on prisoners. They don't make the news because media is banned from prisons unless it is pre-authorized.
For the record I do not agree with Scalia, Thomas or any textualist judges. I believe constitutional provisions, evolves as society evolves. I very much side with retired Justice Stephen G. Breyer and all other living Constitutionists.
[T]he words of the [Eighth] Amendment are not precise, and that their scope is not static. The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
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