Supreme Court continues to raise the bar
 

... on the death penalty.

Strikes down Texas (big surprise!!!) case.

Re: Supreme Court continues to raise the bar
 

We need some conservative nominees to balance this liberal court.

Re: Supreme Court continues to raise the bar
 

THis was apparently a very conservative decision. Due process still is in the consitution.

Perhaps the three other judges should heed the proposed Senate apologies on lynchings.

Re: Supreme Court continues to raise the bar
 

The State of Texas is 11.5% black.

The jury was 8.33% black.


Yet they suggest that the jury was unfair. You don't have a right to be judged by your preferred selected subgroup of society.

The Supreme Court made a bad decision.

Re: Supreme Court continues to raise the bar
 

It is not the percentages of black and white in the state or on the jury. It is the process by which that jury was arrived at. It seems pretty clear that the prosecutors not only struck blacks from the jury pool based on race, but 'shuffled' the jury pool as well. This is another of those quaint technicalities of due process.

Re: Supreme Court continues to raise the bar
 

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It is not the percentages of black and white in the state or on the jury. It is the process by which that jury was arrived at. It seems pretty clear that the prosecutors not only struck blacks from the jury pool based on race, but 'shuffled' the jury pool as well. This is another of those quaint technicalities of due process.

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This suggestion of prosecutorial conduct is not clear at all. In our system it is legitimate to exclude people who are knee-jerk against the death penalty in death penalty cases. The prosecution can't be faulted for potential jurors who exclude themselves.

Re: Supreme Court continues to raise the bar
 

No doubt the supreme court thinks the defendant should have had the fair and impartial jury OJ had.

Re: Supreme Court continues to raise the bar
 

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This suggestion of prosecutorial (mis-)conduct is not clear at all.

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You did not say that there was no evidence of prosecutorial mis-conduct. If it is not clear then the court made the correct "Conservative" decision to provide the defendant due process.

Celebrate the court that strictly interprets the constitution. Put aside petty partisanship - can you?

Re: Supreme Court continues to raise the bar
 

as some who opposes abortion and the death penalty, the supreme court is looking good. they may even reach the right answer in my lifetime. wow.

fim

Re: Supreme Court continues to raise the bar
 

[ QUOTE ]
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This suggestion of prosecutorial (mis-)conduct is not clear at all.

[/ QUOTE ]

You did not say that there was no evidence of prosecutorial mis-conduct. If it is not clear then the court made the correct "Conservative" decision to provide the defendant due process.

Celebrate the court that strictly interprets the constitution. Put aside petty partisanship - can you?

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Due process does not mean "perfection of process." The Rehnquist court has been good in defining what are reasonable imperfections and what are not. In this case, it appears that it is the liberals general dislike of the death penalty, rather than the due process concerns that led them to rule as they did. Note, that they did not throw out the case and order the release of the prisoner onto the streets of Texas.

It was results oriented decision making, inconsistent with the reasonable standards of imperfections in the due process of trials, that makes it a bad decision. And there was no prosecutorial misconduct, just innuendo.