Court: Neb. Went Too Far on Sentencing

[Judi Lynn]

Court: Neb. Went Too Far on Sentencing

By KEVIN O'HANLON
Associated Press Writer

September 30, 2005, 1:24 PM EDT


LINCOLN, Neb. -- State lawmakers went too far during a 2002 special session when they changed the minimum penalty for first-degree murder to life in prison without parole, the Nebraska Supreme Court ruled Friday.

The court said the law fell outside the topics specified by the governor when he called the special session, in violation of the state constitution.

The ruling came in a case brought by Louis Conover Jr., who was convicted of first-degree murder for killing his parents with a baseball bat in 2003. Under the new law, Conover was sentenced to two life sentences without the possibility of parole.

"There is no language in the proclamation which can reasonably be construed as authorizing the Legislature to amend a statute pertaining to life imprisonment," Judge Kenneth Stephan said.
(snip/...)

http://www.newsday.com/news/nationworld/nation/wire/sns-ap-life-without-parole,0,690416.story?coll=sns-ap-nation-headlines

[merwin]

1. You brutally murder someone, you go to jail for life.

Seems reasonable to me.

[neweurope]

2. Not to me. There is always the individual case to be considered.

There is always the chance that people will totally change and regret.

There is always the chance that people are being convicted even though they are innocent.

on edit: Those high punishments you have - much, much higher than in other industrialized nations - do absolutely nothing to PREVENT crime. As can clearly be seen by your crime rate which is much higher than that in other Western countries.

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Remember Fallujah

Bush to The Hague!

[shanti]

3. life in prison is not about change

it's about punihment. i don't have a problem with life in prison for murder. death penalty, yes, life, no.

[neweurope]

6. *sigh* In Europe sentences are about two things only:

1.) Protecting society, 2.) trying to change the convicted person.

"Punishment" sounds very medieval to me. Crime is usually just too complex for simply wanting to "punish" somebody.

But I am very glad that you are against the death penalty. :hi:

-----------------

Remember Fallujah

Bush to The Hague!

[Orsino]

7. If it's not about...

...either deterrence or rehabilitation, it is simply an expensive form of entertainment.

[MGKrebs]

4. But that's not what this is about anyway.

I can see where this ruling would make sense. Call a special session for one thing, then do another. Maybe some Reps can't or don't show up, they would have been swindled.

[Kagemusha]

5. The court's simply said due (legislative) process was not followed.

This issue will be revisited.