Thursday, June 26, 2003
More Supremes: On Nike, I agree, it will go badly for Phil Knight. As for the death penalty, the Court must take this opportunity to lay out clear guidelines on this issue and what "effective counsel"really means. It can't mean winning, but it has to be clarified. Right now, no one knows how to figure out these cases. I agree again that the Court gives this poor sap another chance, but it won't do anything substantive with capital punishment. This Court is not sticking its neck out that far. For the SOL, as heinous as child abuse is, the Judges simply cannot let someone go back 50 years all of a sudden. As sympathetic as we all are, the precedential value on this would be far-reaching and destructive if applied to other crimes. You know D.A.s around the country would be rushing into court for every burglary and arson case, and then SOL's become useless.
Posted by Razor at 10:30:00 AM