There is no doubt that United States Supreme Court 2015-2016 (OT15) is part of the eighth amendment to the Constitution in the first month, during the first week of the case, the justices tried to clarify uncertainties in criminal proceedings relating to the imposition of the death penalty (Kansas v. Gleason and Kansas v. Carr). In the second week, the justices face two very important issues: juries in death sentences in the role and the 2012 to abolish juvenile criminals to life imprisonment by the Supreme Court's decision (Miller vs Alabama, Miller v. Alabama) has a retrospective.
Hirst first case against Florida (Hurst v. Florida) unusual in involving a Florida law: in Florida, the jury only "recommended" the death penalty, the judge has the final say. Hurst a case points to has highest court 13 Qian of case (Ring v. Arizona) in the not clear of place: highest court said of is, on death penalty case in the facts of finds must by jury mission and cannot is judge made, but highest court has never no said facts finds zhihou, jury Mission in death penalty case sentenced stage of power has more big; highest court also has never no said death penalty case of jury mission judgment is must to 12 votes block, and Florida of State method just simple most, In fact in this case is 7:5 the jury sentence suspects to death.
In theory, can be traced to the 12-person jury system United Kingdom of King Henry II of the judicial reform, has a tradition of more than 800 years ago. You almost can't imagine United States founding more than 200 years, the Supreme Court death sentence must be 12 block still does not give a definitive answer on this issue, the case finally gave their final opportunity. !mIn this biography, Kissinger was summed up as
Similar of, second a case is a "series", 2012, Federal highest court in Miller v Alabama a case in the said on not adults automatically sentenced lifelong shall not parole of lifelong imprisonment lifelong imprisonment constitute has "cruel and not unusual" of punishment, but highest court no said this judgment whether has dates back sex, is in 2012 zhiqian was sentenced to lifelong imprisonment of juvenile whether can quoted the judgment get again trial or commutation of opportunities.
Was an amazing coincidence is that when I was writing this article when Shanghai joint publishing friends recommended a book to me the Justice of mercy (English name Just Mercy), author of the book happens to be Miller's lawyer bulaien·shidiwensi (Bryan Stevenson). I listened with great interest to read this great book, although before I the United States abuses in the criminal proceedings are heard, but exposing the dark side of this book is very shocking.
The Justice of mercy (Just Mercy) those that provide write-ups.
Remember a while ago watching HBO Entertainment Last Week Tonight, the half funny and half news program's host is 囧 (Jon Stewart), disciple of John Oliver (John Oliver), he did the show to condemn, expose the dark side of the society ignored by mainstream media and critically-acclaimed. In one episode, Oliver investigated the public defender (Public Defender) problem, since the United States Supreme Court case of Gideon v. Wainwright in the 1960 's (Gideon v. Wainwright) suspects have been established in the Government to pay the costs after the constitutional right to free counsel, United States State and federal public defenders for those who cannot afford counsel provide legal assistance. This sounds great, but in practice the serious shortfall in the funding of the Office of the public defender, some offices were forced to close because of the cockroach-infested, and to make matters worse, many understaffed, leading to a public defender in each case only takes 7 minutes! 7 minutes, you read that right, for 7 minutes. Lawyers do not have the magic, you can't spend 7 minutes for any one person to do an effective defence, most lawyers persuaded the suspects received judgment conditions from the Government, even if this one is entirely innocent, established by the case law of the Supreme Court of the precious constitutional rights in judicial practice is just like an empty text.
After reading Stevens ' book, you will realize that these abuses almost just the tip of the iceberg. 780, United States increasingly harsh criminal law, the result is the prison population explosion, in the 2005 Roper v. before Simmons, juveniles are sentenced to capital punishment are common, before the case of Miller versus Alabama in 2012, 44-year-olds were sentenced to life imprisonment for example is invaluable. And to make matters worse, many young people committed crimes is not without controversy or no place worthy of pity.
Justice Stevens, author of compassion.
Such as Tracy Stevens books mentioned in the NA·jianeite (Trina Garnett), showed signs of retarded from childhood, mother died when she was 9, her father had been sexually abusing her and her sister. When she was 14 because of accidental house fire (unintentional or intentional disputed in the proceedings, here is Brian's), led the two boys were killed in the fire. Since Pennsylvania's mandatory minimum sentencing requirements, the judge cannot consider the background of the case, but she was sentenced to life imprisonment without parole. In prison, 16 years old, she was raped by prison guards, prison guards were punished but was dismissed, and she was handcuffed at the time of childbirth in a hospital bed. To contact Stevens to her case (2014), she is 52 years old, in the boundless darkness of mind, her only hope is that we can see her almost never met his son.
I am a Buddhist, I believe that any person of faith when I read this, the brain is the only Word: hell.
In the United States in many prisons, was beaten, sodomized, raped almost commonplace things, in many cases, the rape of women prisoners the guards but was removed from, at best, is dismissed.
As mentioned in the book, Charlie, 14 years old, he witnessed his mother being knocked unconscious by her drunk boyfriend, head bleeding, unconscious. He was looking for when the phone alarm touch boyfriend hid in the home of his mother's gun, he shot and killed this violence, drunk men. Stevens arrived at the prison two days later, Charlie seemed without a soul, do not answer any of his questions. Spent a lot of effort, Stevens realized that 14 year old Charlie in jail inmate sexual assault. Due to the efforts of the Harvard law school graduate, Stevens, Charlie from the tragedy of Lena, at the age of 18 before being released. But how many people can get this level of Stevens lawyer help? Many public defenders just to hastily closing by the prosecution, and good Government to the 500 to 1000 dollars in attorney fees.
I think anybody who read of the compassion of the justice will ask, how can this be? In the United States such a rule of law State, why are there so many injustices and overly harsh punishment? This problem is very complex, but I believe that one of the reasons leading to this situation is that the United States justice system given the protection of judges, prosecutors and police are too powerful. For example, the main hero of the story in this book woerte·maikemilian (Walter McMillian), in his case, his only fault was being a black man, he had sex with a white married woman, which made him the enemy of the white community, the police in the eyes of the "perfect suspect." Sheriff (Sheriff) and through collusion with the fabrication of evidence by the prosecution and seizure of evidence for the plaintiff (the so-called Brady offences [Brady Violation]), induced a witness to commit perjury prison and sent him to death row for as long as 6 years. Even after Walter redressed righted, and he still can't for these prosecutors and civil action Sheriff. Stevens put civil playing Shang highest court also cannot win, in 13 years zhihou of Connick v Thompson (Connick v. Thompson) of a case in the, civil rights lawyer are get has super lawyer baoluo·kelaimente (Paul Clement) of help, he design has extremely clever of litigation strategy: "good, Prosecutor hard was civil prosecution, that I bypass this layer defense, proved this area of Prosecutor has systemic of pervert behavior, Their reason for this behavior is because local authorities lack the necessary training for them, so this is the civil liability of the Government...... "Clement, I had to give it to you! But the litigation was 5:4 lost in the Supreme Court, even Clement could not punch through the judicial system for prosecution almost indulgent protection.
First Temple but first Avenue, after all, not a cloistered ivory tower, Justices apparently were aware of United States criminal law too restrictive and the phenomenon of the abuse of power by prosecutors, the Supreme Court began to recover in the last ten years, began as a trickle of one or two cases, but in the last two or three years of correction trend gradually converging torrent. In Constitution eighth amendment ban "cruel and not unusual of punishment" this aspects, in 2005 of Hlophe v Simmons (Roper v. Simmons) a case in the, highest court ban sentenced to minor people death penalty, then in 2010 of Graham v Florida (Graham v. Florida) a case in the, highest court said minor people if no made killing crime on cannot sentenced to shall not parole of lifelong imprisonment lifelong imprisonment, eventually, Bryan leading civil rights lawyers group in 2012 in the case of Miller v Alabama reached he asked for one of the major goals: a mandatory minimum sentence of life imprisonment without bail should not be applied to minors.
Note: "the mandatory minimum sentence of life imprisonment without bail" may sound awkward, and explain it in detail. In the sixties or seventies of the 20th century under the background of high crime rate, with the Conservatives dominate the 70, legislative bodies at all levels have adopted the so-called "minimum sentence" (Minimum Sentencing). This means that once a criminal was convicted by jury, freedom of the minimum limits of sentencing judges, regardless of whether the offender is excusable, and whether there are compassionate places, shall be sentenced to at least above a certain level of punishment.
In Miller's case, the defendant, Aiwen·mile (Evan Miller) who have committed offences when only 14 years old, because of his mother's drug addiction and alcoholism, he used to live in multiple foster homes, his stepfather had abused him. He was a 4 time tried to commit suicide, the first time when I was 6 years old. Although he is young, but also drug alcohol like his mother. One day in 2003, he sold drugs at home to see a drug dealer's home to his mother, he and his friend, Smith and the drug dealer to the dealer's house party, marijuana drink alcohol. Drug traffickers be wine sleep has, he and friends stole has drug traffickers of wallet, took has he of 300 dollars, dang he wants to put wallet put back drug traffickers pocket in of when drug traffickers suddenly woke up has, drug traffickers buckle has he of throat, he of friends took has hand of baseball Rod slammed hit drug traffickers put he playing faint has, drug traffickers was playing faint zhihou he also grabbed ball Rod continues to slammed hit drug traffickers.
He and his friends just bugged at first, but decided to return to the drug dealer's House, set fire to remove the evidence. Drug dealers died great injuries and smoke inhalation. Alabama he prosecuted as adults, according to the laws of the State of adult mandatory minimum sentence without parole for the crime of murder to life imprisonment. Brian brought this case to the Supreme Court, 5:4 of the Supreme Court decision "mandatory minimum sentence without parole for minors to life imprisonment" is unconstitutional, and judgement of Justice Kagan writes, emphasized that youth in mental and physically immature, and the need to give them a second chance.
In Miller's case, the Supreme Court left a "tail": the Miller case dates back to a previous sentence, please? The justices did not answer, but it's not just a theoretical question, in fact all across America there are still hundreds of original "juvenile offender" is still being held in prison. Supreme Court is actually taking the customary wait-and-see approach, first look at how the State and the lower court before deciding whether to further promote common law.
A result, there are a lot of States decided to reopen old cases retroactively, giving opportunities to people who had been sentenced to life imprisonment sentence. But there are a lot of States without action, they have no cause of action is very complex, many aged to old parties are not, for example, files may be lost, all in all, there are many practical difficulties.
Civil rights lawyers have decided once again to resolve the issue through litigation, Montgomery sued Louisiana (Montgomery v. Louisiana) is that they launched a test case. 1963, 17-year old youth of African descent hengli·menggemali (Henry Montgomery) in the Park met white Sheriff little chaersi·hengte (Charles Hunt Jr.), his panic God, tragedy is a cheap gun in his pocket, he shot and killed the Sheriff. The justices of the peace on the ground very well, often into the community to persuade young people away from crime and illiterate mothers read in the Viet Nam war children to send letters home. The first jury sentenced him to death, because his lawyers said he had a sense of mental retardation (IQ test results-70), the second jury abolished the death penalty, in accordance with the law, and he received the mandatory life sentence, to date, he has been in jail for more than half a century.
V Louisiana Montgomery (Montgomery v. Louisiana) trial.
Now his lawyers asked the Supreme Court to allow Miller decision dating back 52 years of this case, Louisiana does not agree, the State's attorney said the case was reopened 52 years ago is impossible, because most of the parties were no longer in the world, technically very difficult.
Perhaps these cases gripping, supporters and opponents of the people was full of enthusiasm. But the problem is, the Supreme Court considered more often is the overall legal structure, not the case, nine barons first asked a question that neither side has looked at each other: the Federal Supreme Court did have jurisdiction over this matter? They want to ask this question, because the Federal Court has no jurisdiction a State law question. But what is weird is, whether it is Montgomery's lawyer or Attorney in Louisiana have not questioned the jurisdiction of the Supreme Court, in this case, nine bosses found the prominent Washington lawyer Richard · D. Bernstein (Richard d. Bernstein), he described "the Federal Supreme Court does not have jurisdiction" that position.
If the jurisdiction has made people feel that some scratching their heads, core issues of the case-the Miller case judgment there is no retrospective – it is much more complicated, full of technical details. Because if a criminal case is retrospective, the question itself is under the control of another Supreme Court case, this case is TI v Ryan (Teague v. Lane). In this case, previous generation of justices of the Supreme Court said criminal cases with retrospective effect, depends on this judicial precedent is not radically altered substantive law, that is to say, if this jurisprudence only changed the criminal procedural issues, it is not retroactive. In this way, the problem is, Miller's case have radically altered the substantive law, and mixed with a question of jurisdiction, Bernstein, Montgomery's lawyer, lawyers in the Obama administration (support for defendant Montgomery) and Louisiana lawyers debate the entire 75 minutes.
As a Chinese American citizen, every time to see some of the country's acute social contradictions, and I could not have thought that such a thing if the United States will be like. A fair and efficient judicial system, there is no doubt that is one of the important channels for resolving social conflicts. But deep down I was always an indescribable idea, seems United States deep structure of the judicial system, to govern the huge territory and large population countries played a key role. These numerous cases, each case at the beginning makes me excited, demanding punishing criminals and against the abuse of public power has a very exciting emotions on both sides, but United States judicial pyramid, go on the more technical, more, when it comes to the Supreme Court, almost abstract legal issues. In cases when a criminal case, hold incredible attitude of the Chief Justice Roberts asked the sentence: "he was killed with stones man? "A lot of lawyers do laugh, when almost no one thinks that what is not appropriate, because the merits have been abstracted into a purely technical problem, lawsuits over the course of time to flesh-and-blood victims and criminals into hundreds of pages of symbols in the litigation documents, initial excitement of the jurisprudence and logic disc gradually cooling.
But this does not mean that the justice system is reasonable in such a huge country, evaluation of a large system is destined to be a difficult thing. A month ago in Shanghai and friends at dinner time, a read of the compassion of the justice friends asked me: "the United States judicial system really that dark? "I can't answer this question because I do not know how to answer. From the perspective of case, you can see like Carl Brothers (see article http://www.thepaper.cn/newsDetail_forward_1386666) of such heinous thugs, like maikemilian that totally innocent being framed, of course, more is as Lena, Charlie and Evan like this more or less worthy to be at the mercy of criminals, from the point of view of the Supreme Court, How do you give a country of 300 million people in the establishment of a fair and clear criteria?
When I read of the compassion of the justice, Brian vividly describes his childhood experiences of poverty, discomfort, he first joined the Harvard Law School: teachers and students as Socrates refute, many students with a good foundation to understand the law and knows how to dominate in this system. Origin middle-class, and after first-class school undergraduate education of elite are, as Roberts Chief Justice (Harvard undergraduate), Kagan Justice (yelubenke), or like Super litigation lawyer Clement (George City) (, they from a began on put with times of people dumped in behind, method College of legal comments magazine edit posts to appeal court of judge Assistant, appeal court of judge Assistant to highest court judge Assistant (Roberts is Rehnquist Chief Justice of Assistant, Kagan is Marshall Justice of Assistant, Clement was Justice Scalia Assistant), Assistant judge of the Supreme Court leads to the White House: Roberts straight into the heart of the Reagan administration at a young age, becoming White House counsel and principal Government Counsel, Starr's assistants; her early training as a future star of the Democratic Party, Clinton joked: "Kagan entered the Oval Office at a time when the average IQ in the Office doubled" ; Clement became the Bush Administration's Chief Government lawyer's Assistant and Chief Counsel (Olson at the helm, Chief lawyer who served as Deputy to Olson following the resignation of his successor), the United States Federal Government in the Supreme Court's spokesman.
Compared with them, Brian was like going to a different school, but once he found his passion for the business without hesitation into them, his journey to 6 times the Supreme Court deserves any legal hats off to his colleagues.
There is no doubt that different life experience gives him a completely different perspective. He may never like Roberts or Kagan can take a detached attitude to look at these cases, he realizes that the most desperate people at the bottom of society, to understand their feelings of pleasure over pain. May each of us can't get rid of our personal experience of subjective perspective, but we should at least face their own ignorance, prejudices and limitations, telling ourselves: maybe this world is so complicated, maybe the answer there is no, but each dares to explore the social issues people are worthy of our loud cheering.
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