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…Only Equals 40 Years

The more I’ve looked at and considered the Supreme Court decision to ban executions for crimes committed by juveniles, the more I’m incensed by the injustice it represents.

I’m appalled at what this decision means for the 28 Texas death row inmates who were under 18 when they committed their crimes; “less culpable” kids like Raul Villarreal, Robert Acuna, and Geno Wilson.

A few of these guilty murderers will have their sentences commuted to a Life Sentence. Most others will only have to serve out a lesser number of years.

Like Efrain Perez and Raul Villarreal, who raped and murdered two teenage girls in what one investigator called the “most vicious, sadistic, animal-like” attack he had ever seen. They have each served more than a third of their mandated 35 years behind bars. They could be freed as early as 2028.

Do you know what a “life sentence” in Texas really means? 40 years. Not life. Just 40 years. Texas is one of four states – along with Alaska, Kansas, and New Mexico – that does not have a “Life without possibility of Parole” sentence.

From a Constitutional perspective, I’m most bothered by the fact that Monsieurs Kennedy, Breyer, Souter, and Stevens, and Madame Bader Ginsburg have decided to base US Constitutional decisions on International opinion. Hopefully, President Bush will have the opportunity to appoint a Justice-or-two who will help overturn this horrible decision.

UPDATE: The Houston Chronicle reports that Mauro Barraza, who was condemned for the June 1989 robbery-murder of a Fort Worth-area woman, already has served the 15-year minimum prison stretch mandated by law at the time of his offense, and likely will be the first considered for release.

He could be on your streets any day now.

10 Responses to “A Life Sentence in a Texas Prison…”

I think the most interesting part of the decision is how it clearly refutes the court’s previous ruling that minors could, in fact, be responsible for significant moral decisions. Wrote Scalia in his dissent:

“[W]e have recognized that at least some minors will be mature enough to make difficult decisions that involve moral considerations. For instance, we have struck down abortion statutes that do not allow minors deemed mature by courts to bypass parental notification provisions. It is hard to see why this context should be any different. Whether to obtain an abortion is surely a much more complex decision for a young person than whether to kill an innocent person in cold blood.”

I have some smart and reasonable readers.

I think there is more logic and a clearer tie to reality in the dissenting comments of Justices O’Connor and Scalia that you each mentiond than there is in the entirety of the Majority opinion.

Yikes…

I accidently deleted your comment, Tony. I was in my admin panel deleting spam comments from that damned poker-spammer, and I inadvertenly deleted your comment, too.

Sorry about that.

What!?!?! Won’t even post a Liberal’s comments now! Bah. :)

To recap:
Biggest problem: When do we become adults? 16? 18? 21? Blanketing something like this doesn’t work too well when other areas of government freedom have different set points. Justice O’Connor (I think) stated in her dissent that this type of thing should be a case-by-case issue.

I’m often critical of Texas’ States’ Rights approach as being too individualistic. But instead of stacking the Court, of which only 2 were appointed by a Democrat (but some of the 7 others I think lean more middle than right), it would be better (easier, cheaper, more beneficial overall) for Texas to pass a “Life w/o Parole” option.

sad, ain’t it?

UG, thanks for chronicling the latest act of raw judicial power by the SCOTUS. Whatever one believes about the death penalty, we should all be concerned about the Supreme’s increasing predilection to legislate.

Ironically, the federal judiciary’s power grab may actually be the cause of its demise. If the Republican’s “nuclear option” to change the filibuster rules fails (as wily pundit Dick Morris thinks it may, see), another judge may never be confirmed. As long as one party has 40 votes and the current filibuster rules in place, the potential exists that hard core party activists and donors of the minority party will always agitate for filibuster, if for nothing other than spite.

Maybe it’s going to far to say a judge will never be confirmed, but the judiciary’s activist meddling may make it harder find qualified judges and confirm them in a timely manner.

I don’t want to get into the death penalty right now but you might listen to this story if you have a little time:

http://www.thislife.org/pages/descriptions/05/282.html

It’s a good one- worth the time.

these 2 young girls were bruitally raped. beaten and strangled to death by 5 punks who just because they say their D@#m counsalate wasn’t notified they shouldn’t be executed for their crime. well asked them why the hell they didn’t notify the girls families before the killed them. oh i’m soooo sorry if i offene\ded anyone but give me a freakin break. if you can murder someone at age 17 or 18 who says they won’t do it again if they are ever set free. is there any justice for these 2 girls and their families.

I am so tired of all the time and money and dialogue wasted on the Human Rights issues and mitigating circumstances around serious violent offenders. I am a Lawyer, I believe in Human Rights Law however certain types of crimes fall into the very worst category, a category that cannot be mitigated. Violence against children, the rape and murder of those two girls can never be mitigated. People who defend the rights of such perpertrators, do they have children? Can then know the depth of pain and sufferring for the victims families let alone the tragedy of of the fear and pain of the lost innocents. In Australia we have a ‘Never to be released’ category for the crimes of the worst type, although this has been challenged by misguided liberals and now has been ‘watered down’. Life meaning life in Jail is the only alternative to a death penalty for such offenders and to a degree a greater punishment. In Australia we have a child killer out on parole after serving 25 years despite massive public protest, yes there were mitigating circumstances in his case and he is unlikely to re-offend, however, I say bad luck mate, you stabbed a five year old girl to death..I do not care if you have found god,allah or budda, I don’t care if you we high on drugs at the time, I don’t care if you handed your self in to police, I do not care if you were a model prisoner, YOU KILLED A FIVE YEAR OLD GIRL IN A HORRIFIC MANNNER SO YOU SHOULD NEVER BE RELEASED. It is safer for society, justice for the victim (if that is ever truly possible) and it is punishment for a crime in which there can be no true rehabilitation.

I’m a Democrat through and through but I would like to pump the juice through all of these animals that committed these atrocities. Lethal injection seems too easy for them.

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