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Comment by dragonwriter

3 years ago

> I'm serious. I support changing sentnecing guidelines so that we execute anyone who is convicted of a felony after having previously spent at least 10 years in prison.

That's not something you can do by changing sentencing guidelines, since sentencing guidelines are, as the name suggests, guidelines for setting sentences within the statutory bounds for the underlying offenses.

If you mean setting statutory special circumstances for all felonies (essentially, all crimes already otherwise punishable by one year or more in prison) such that the there is a mandatory minimum of death if the offender has previously spent 10 years or more in prison, combined, for any combination of reasons, well, then that's both ludicrously bad policy and clearly, under existing Constitutional jurisprudence, an Eighth Amendment violation—see, particularly, Kennedy v. Louisiana, 554 U.S. 407 (2008), holding that it is unconstitutional to apply the penalty of death to a crime against an individual (leaving open some things like treason, drug kingpin activity, etc., where the principal offense is not against a particular individual victim) where the victim does not die. This would apply to the vast majority of existing non-capital felonies.

> If you think this is a bad idea, hire someone who spent at least 10 years in prison and learn for yourself.

If we're going to adopt capital punishment for crimes by anyone I wouldn't want to hire, well, that's going to be a lot broader than “people who have been in prison at keast 10 years”.

Not sure what the two things have to do with each other, though.