Brent Kavanaugh Deserves To Choke On His Own Tongue

Zeedox

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BRETT KAVANAUGH RULES CHILDREN DESERVE LIFE IN PRISON WITH NO CHANCE OF PAROLE​



On Thursday, in a 6–3 decision authored by Kavanaugh, the Supreme Court decided that judges need not determine that a juvenile convicted of a crime is incapable of being rehabilitated before sentencing him or her to life in prison without the possibility of parole.
 

Gomez Adams

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Brace yourself.

Kavanaugh is right. Here's why:

In Miller v. Alabama, it was a mandatory sentence. There was no leeway or ability for the judge to consider any mitigating circumstances such as their age. (They were 14 at the time.)

That is why that sentence was overturned.

In Montgomery v. Louisiana, it was a little different. Originally, Montgomery was sentenced to death. He was 17 at the time he killed a Deputy Sheriff, which was capital murder, which was an automatic death sentence.

Surprisingly, the Louisiana Supreme Court vacated that sentence because they found that prejudice had tainted the trial, so they retried it and he was found guilty again without capital punishment.

That was it for Montgomery who is now 69 years old until the Miller case. But lets face it, it's not like Montgomery was a real 'kid' in every since of the word. He was a 17 year old that intentionally killed a cop.

What's more, that article lies completely when it says:

Kavanaugh claimed, which actually isn’t true at all. (As Slate’s Mark Joseph Stern notes, the landmark Miller v. Alabama and Montgomery v. Louisiana decisions determined, respectively, that juvenile life without parole violate the 8th Amendment and that sentences imposed at a judge’s discretion are generally unconstitutional.)

That is a patent lie. Montgomery type cases have been decided in many different ways in many different courts. Kavanaugh noted this and he is correct. From the official SCOTUS files:

In the wake of Miller, the question has arisen whether its holding is retroactive to juvenile offenders whose convictions and sentences were final when Miller was decided. Courts have reached different conclusions on this point. Compare, e.g., Martin v. Symmes, 782 F.3d 939, 943 (C.A.8 2015); Johnson v. Ponton, 780 F.3d 219, 224-226 (C.A.4 2015); Chambers v. State, 831 N.W.2d 311, 331 (Minn.2013); and State v. Tate, 2012-2763, p. 17 (La. 11/5/13), 130 So.3d 829, 841, with Diatchenko v. District Attorney for Suffolk Dist., 466 Mass. 655, 661-667, 1 N.E.3d 270, 278-282 (2013); Aiken v. Byars, 410 S.C. 534, 548, 765 S.E.2d 572, 578 (2014); State v. Mares, 2014 WY 126, ¶¶ 47-63, 335 P.3d 487, 504-508; and People v. Davis, 2014 IL 115595, ¶ 41, 379 Ill.Dec. 381, 6 N.E.3d 709, 722. Certiorari was granted in this case to resolve the question.​

What all of that means is simply this: Miller was decided unconstitutional because the kids were 14 years old AND there was mandatory sentencing that didn't allow the judge to consider any mitigating factors during sentencing at all.

Montgomery doesn't qualify though because not only was his original mandatory sentence overturned and retried, but his final sentence actually took into consideration the mitigating factor of his age at the time and still decided on life without parole. The only reason the case was ever heard again is because of the Miller case, which is about as far different from Montgomery's as you can get.

So what you have now are people who were considered juveniles who basically weren't in the grand scheme of things that already have had all of their appeals heard and shot down and have already had any mitigating factors in their cases heard, all jumping on the Miller bandwagon trying to get out of jail.

I'm siding with Kavanaugh on this one. He made the right call.
 
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Gomez Adams

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If anything, Kavanaugh should recuse himself from all cases dealing with minors after the way he cried about his own teen years being held against him.
Actually, if anything, you would think it would make him more forgiving of teen behavior.

I don't like the guy either. At all. But he's right in this case. People that don't like him are completely misrepresenting everything he does to make him look bad. He doesn't need any help looking bad. That article and there was another making the rounds on Twitter yesterday, are disgraceful. They're the equivalent of a Fox News or OAN or RT hit piece completely misrepresenting the facts.

Every time a case like Miller comes along, you have everybody that is in prison jump on the bandwagon even when their cases have little to do with the ruling. After all, any shot at getting out of prison is worth trying, especially when it basically cost you nothing.

This is just another one of those type cases. The ruling doesn't mean "every teen should get a life without parole sentence". It simply means that Miller wasn't a "get out of jail free" card for every teen that committed first degree murder and got life without parole.
 

Grimhogun

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The whole juvenile system in this country is a joke. All it has ever done is take kids that made stupid decisions and turn them into hardened criminals. We had a case down here about 20 years ago with kid named Lionel Tate. When Lionel was 12 he beat a 6 year old girl to death. I mean he beat that girl so badly the coroner said he thought she had been hit by a car. Here's the injuries from the wiki on this asshole.

Tate was convicted of killing Eunick by stomping on her so forcefully that her liver was lacerated. Her legs, feet, and neck all had serious bruises; an example of the amount of force used on her was similar to bruises from that of a speeding car.[4] Her other injuries included a fractured skull, fractured rib, and swollen brain. These injuries were characterized by the prosecution as "similar to those she would have sustained by falling from a three-story building."

So he was 12 when he did that shit but didn't get sentenced to life without parole until he was 13 in 2001. So then all kinds of hell breaks out about his sentence and it eventually gets kicked out. So he then gets a deal where he gets out of jail on house arrest and 10 years of probation. Not too damn bad for brutally beating a little girl to death.

So all those bleeding heart he's a poor kid sacks of shit are happy that he's out and under house arrest and he'll straighten up and fly right because he was just a kid and didn't know what he was doing. Fucking wrong!!! Not four months after he got out of prison on house arrest he was found out of his house crusing the neighborhood with a fucking 8 inch buck knife. So back to jail he goes for a few weeks I think it was before they let him out again and send him home.

So now he'll straighten up and fly right and get his shit together right? Fuck no!!!

Just 6 months later Lionel calls for a pizza while he's at a buddies house. So when the Dominoes guy gets there Lionel pulls a gun on the poor delivery driver and threatens to blow his brains out if he doens't give him all his money. So the delivery driver panics, drops the 4 pizzas that Lionel had ordered and takes off running. Lionel says fuck it, picks up all the pizzas and goes back inside. His friend after seeing all that shit tells Lionel to GTFO of his house so Lionel assaults his ass and beats the shit out of him and damn near kills him.

So back to fucking prison he goes again for 30 years for armed robbery and assault and all kinds of other bullshit where he still sits to this day.

These fucking kids can't be saved. That's all there is to it. They get out they do the same shit over and over again until they wind up in the big house for good. It happens every single fucking time. I've never ever heard of one that didn't. I don't know or really care what the ruling means but I know 5 kids that went to jail and should have fucking stayed there forever. Every one of were let out several times before they ultimately wound up back in there for good. So fuck it. If they do the crime they should stay behind bars I don't give a shit how old they are.