0
   

Three men convicted of soliciting sex must wear chicken suit

 
 
Brandon9000
 
  1  
Reply Tue 31 Jul, 2007 01:42 pm
farmerman wrote:
Quote:
Probably a sentence involving being ridiculed in public would qualify.


Wow, we make policy and law on A2K now? We have a Constitutional SCholar amidst. Brandon, wre you aware of the tests for the determination of "Cruel and Uniusual"? and I dont mean any of your guesses, or "probablies" please.

I am not making policy and law. I am an expressing an opinion about my government, which is a pretty standard activity for this forum. Furthermore, I don't need a law degree to have an opinion about my Constitution, nor even to express it. I am one of many, many people to have opined about the Constitution on this forum. So, I guess, according to you, only Constitutional scholars are entitled to talk about their Constitutional rights on A2K, you snob.

It seems very likely to me that a sentence inviting public ridicule probably qualifies as cruel and unusual punishment in the sense intended by the Founders.
0 Replies
 
Reyn
 
  1  
Reply Tue 31 Jul, 2007 02:15 pm
...and here's me thinking that a story about a guy in a chicken suit wouldn't be controversial. Rolling Eyes

I sure am a dummy.
0 Replies
 
farmerman
 
  1  
Reply Tue 31 Jul, 2007 04:43 pm
SO, this "scholarlyt sounding" opinion
Quote:
And they should have been. Under our Constitution, a judge doesn't have the right to say that a defendant has a choice between serving ten years in jail, or being tarred and feathered and dragged around behind a car in public, which is the kind of sentence that people once received. You may have no appreciation of the Bill of Rights, but it's there for a reason.


and this

Quote:
Probably a sentence involving being ridiculed in public would qualify.
Is just you blowin it out yer A S S. I guess you dont want to look up the definition of "cruel and unusual" punishment, which was your opinion as to what these sentences were.

Thi is a strange juxtaposition, you an arch conservative and me a progressive. You sound like a budding ACLUite Cool




Quote:
Furthermore, I don't need a law degree to have an opinion about my Constitution, nor even to express it. I am one of many, many people to have opined about the Constitution on this forum. So, I guess, according to you, only Constitutional scholars are entitled to talk about their Constitutional rights on A2K, you snob.


Noone said you needed a law degree, but maybe some better information about the phrase "cruel and unusual" . There are a number of tests that are on the web. Im almost certain that the judge didnt exceed any authority by sentencing (in a choice of punishments mind you) these criminals to "hard time" in a chicken suit.
Cmon, stop trying to use these ridiculous comparisons (like comparing the chicken suit with tar and fethering, or using the argument in extreme of trying to pin me down as a snob), your comparisons and assignments are ridiculous and Im not buyin any of em. .
0 Replies
 
Brandon9000
 
  1  
Reply Wed 1 Aug, 2007 08:57 am
farmerman wrote:
SO, this "scholarlyt sounding" opinion
Quote:
And they should have been. Under our Constitution, a judge doesn't have the right to say that a defendant has a choice between serving ten years in jail, or being tarred and feathered and dragged around behind a car in public, which is the kind of sentence that people once received. You may have no appreciation of the Bill of Rights, but it's there for a reason.


and this

Quote:
Probably a sentence involving being ridiculed in public would qualify.
Is just you blowin it out yer A S S. I guess you dont want to look up the definition of "cruel and unusual" punishment, which was your opinion as to what these sentences were.

Thi is a strange juxtaposition, you an arch conservative and me a progressive. You sound like a budding ACLUite Cool




Quote:
Furthermore, I don't need a law degree to have an opinion about my Constitution, nor even to express it. I am one of many, many people to have opined about the Constitution on this forum. So, I guess, according to you, only Constitutional scholars are entitled to talk about their Constitutional rights on A2K, you snob.


Noone said you needed a law degree, but maybe some better information about the phrase "cruel and unusual" . There are a number of tests that are on the web. Im almost certain that the judge didnt exceed any authority by sentencing (in a choice of punishments mind you) these criminals to "hard time" in a chicken suit.
Cmon, stop trying to use these ridiculous comparisons (like comparing the chicken suit with tar and fethering, or using the argument in extreme of trying to pin me down as a snob), your comparisons and assignments are ridiculous and Im not buyin any of em. .

Once again, the implication that only legal scholars have any business discussing our Constitutional rights here. No, you're not a snob.

I note your colorful adjectives, but what do you base your disagreement on? It seems to me that the only real guide to the intention of the amendment is the British and American history that the Founders likely had in mind when they wrote the Constitution. They were most likely aware of the shaming punishments in colonial America in which individuals were placed in public stocks, branded with evidence of their crime, e.g. the letter "A" to signify adultery, etc. Hawthorne, in "The Scarlet Letter," describes shaming punishments in which persons were forced to wear clothing indicating their crimes. That's what I have to back up my position that this punishment would qualify. What have you got?
0 Replies
 
farmerman
 
  1  
Reply Wed 1 Aug, 2007 10:44 am
Dont invoke Hawthorne for a definition of "cruel and unsusal". Theres enough precedent to fill a ship re: judges giving all kinds of sentences that we may think are whacky. Whackiness, or shame, doesnt necessarily invoke "C&U".
In a recent decision a recidivist thief got 20 yars for stealing 186 bucks. The punishment ws more for his recidivist actions .

DOES THe PuNISHMENT OVERERACH THE CRIME is one test that Ive heard (I get a lot of what I know about the law from Joe from Chicago and Law and Order). Now if you continue to ignore what is C&U, and post again without lookin it up, I guess someonell have to do it for you.
0 Replies
 
cjhsa
 
  1  
Reply Wed 1 Aug, 2007 11:13 am
I have a chicken suit rental business. The judge is my cousin.
0 Replies
 
Brandon9000
 
  1  
Reply Wed 1 Aug, 2007 11:15 am
farmerman wrote:
Dont invoke Hawthorne for a definition of "cruel and unsusal". Theres enough precedent to fill a ship re: judges giving all kinds of sentences that we may think are whacky. Whackiness, or shame, doesnt necessarily invoke "C&U".
In a recent decision a recidivist thief got 20 yars for stealing 186 bucks. The punishment ws more for his recidivist actions .

DOES THe PuNISHMENT OVERERACH THE CRIME is one test that Ive heard (I get a lot of what I know about the law from Joe from Chicago and Law and Order). Now if you continue to ignore what is C&U, and post again without lookin it up, I guess someonell have to do it for you.

I wasn't invoking Hawthorn for the definition of C & U. I was invoking him for one description of colonial history - a history that would have to have been known to the Founders when they wrote the amendment (attributed primarily to James Madison). As for "looking it up," the only looking up I have to do is to read the words in the amendment. I don't much care what some self-important person said about it afterwards. The interpretation can only legitimately be based either on the words themselves, or on reasonable speculation as to what might have been the Founders' intentions.
0 Replies
 
farmerman
 
  1  
Reply Wed 1 Aug, 2007 12:08 pm
Brandon says
Quote:
I don't much care what some self-important person said about it afterwards. The interpretation can only legitimately be based either on the words themselves


Remember this:"The Constitution only says what the judges say it says"
The issues of cruel and unusaul , to include such things as lethal injection or even wearing a chicken suit as an ALTERNATIVE sentence, were not even flagella on the tails of the spermacetii of the founding fathers. We live in 2007, try to recognize that.
0 Replies
 
cjhsa
 
  1  
Reply Wed 1 Aug, 2007 12:11 pm
heheheheh f-man said sperm heheheh
0 Replies
 
Brandon9000
 
  1  
Reply Wed 1 Aug, 2007 05:50 pm
farmerman wrote:
Brandon says
Quote:
I don't much care what some self-important person said about it afterwards. The interpretation can only legitimately be based either on the words themselves


Remember this:"The Constitution only says what the judges say it says"
The issues of cruel and unusaul , to include such things as lethal injection or even wearing a chicken suit as an ALTERNATIVE sentence, were not even flagella on the tails of the spermacetii of the founding fathers. We live in 2007, try to recognize that.

No, actually, the Constitution says what it actually says, and the intention of the Founders is what it actually was, even if someone in a position of authority has the power to obscure it for some period of time. The fact that the eigth amendment exists indicates that the Founders intended it to prohibit certain actions, and given the history of shaming punishments in the early colonies, it is perfectly reasonable to suggest that the intended effect of the amendment was to prohibit them.
0 Replies
 
 

 
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 10/03/2024 at 12:32:20