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THOMAS'S DISSENT IN GRAHAM

By "Captain Liberty" and "Rumpole"

Here is the great problem for us in Graham- Kennedy writes an awful opinion that reaches a conclusion we agree with. Thomas writes an extraordinarily effective dissent that dissects the majority opinion. We don't think life in prison with parole is an appropriate sentence for a juvenile- but as Thomas argues- it should remain a matter for the legislature. For Thomas the issue of what the 8th Amendment prohibits is simple: What does the Constitution say about sentencing and what were the sentencing practices during the time of the Framers? Although the text of the Constitution is silent regarding the permissibility of this sentencing practice, and al- though it would not have offended the standards that prevailed at the founding, the Court insists that the stan- dards of American society have evolved such that the Constitution now requires its prohibition...continue to full post

Full post as published by Justice Building Blog on May 18, 2010 (boomark / email).